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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/23/19821318 • CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING it SEPTEMBER 23, 1982 At 8:45 a.m., preceding the Work Session, the Mayor announced that an Executive Session would be held to consider matters of pending litigation. This announcement is in accordance with Article 2, Section 6265-17, V.A.T.S. The City Council of Lubbock, Texas met for its regular meeting Thursday, September 23, 1982, at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall. Those present: Mayor Bill McAlister, Mayor Pro Tem Henry, Councilman E. Jack Brown, Councilwoman Joan Baker, Councilman M. J. Aderton, City Manager Larry Cunningham, Assistant City Attorney Don Vandiver, and City Secretary -Treasurer Evelyn Gaffga. Absent: John C. Ross, City Attorney if 82-41A-1318-2030 The invocation was given by Councilman E. Jack Brown. 82-41A-1318-2031 The Pledge of Allegiance to the Flag was given in unison by those present in the 2 Council Chambers. 82-41A-1318-2032 Approval of Minutes Regular Meeting, September 9, 1982. 3 The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to approve the minutes as submitted. Motion carried: 5 Yeas, 0 Nays. 82 -41A-1318-2033 Board Appointments 4 Denzel Percifull Animal Control Facility Advisory Subcommittee Tom Trombley Animal Control Facility Advisory Subcommittee Gail Gallagher Animal Control Facility Advisory Subcommittee Candace Shaw Animal Control Facility Advisory Subcommittee Dr. Tom M. Neal Animal Control Facility Advisory Subcommittee Proclamations 82-41A-1318-2034 "Parkway Elementary School Day" September 23, 1982 5 Receiving: Raymond Peppers, Principal Vernita Holmes, Assistant Principal Student Council President, Parkway Elementary 82-41A-1318-2035 "Physical Fitness and Sports Month" - October, 1982 6 Receiving: Phil Hoel, Parks and Recreation Board Chairman 82-41A-1318-2036 "Access Lubbock Week" - September 23-30, 1982 7 Receiving: Dennis Brice, Goodwill Industries Executive Director 82-41A-1318-2037 "Medical Records Week" - October 10-16, 1982 8 Receiving: Sherri Wehde 82-41A-1318-2038 "Hire the Handicapped Week" - September 23-30, 1982 9 Receiving: Dennis Brice, Goodwill Industries Executive Director 82-41A-1318-2039 Airman of the Month 10 Receiving: Senior Airman Mark V. Johnson, Airman of July, 1982. 82-41A-1318-2040 Representative of the Lubbock Industrial Development Corporation will request final approval of the issuance of industrial revenue bonds on behalf of Ryder Reso. 1211 amends Truck Lines, Inc. Reso. No. 1143 (7-22-82) Resolution No. 1211 Mr. George Miller, Vice -President of the Lubbock Industrial Development Corporation, appeared to request the final approval of the issuance of industrial revenue bonds on behalf of Ryder Truck Lines, Inc. Application for these bonds was approved with the Council on July 22, 1982 (Reso. 1143) and under the provision of the Industrial - - - - - - f-4-- A,1- ^-F 1Q7Q i­kan­c nincr 'knANT nnarlcz to _q11f-'hn-ri7P HIP 1319 The Corporation Board approved this transaction at their September 15 meeting. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 1211 authorizing the issuance of $400,000 industrial revenue bonds to Ryder Truck Lines, Inc. Motion carried: 5 Yeas, 0 Nays. RESOLUTION APPROVING RESOLUTION BY THE LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS (RYDER TRUCK LINES, INC. PROJECT) SERIES 1982 WHEREAS, the Lubbock Industrial Development Corporation (the "Issuer") was created by the City of Lubbock, Texas (the "Unit") pursuant to the provisions of the Development Civil Statutes, as amended (the "Act"); and adopted; WHEREAS, it is deemed necessary and advisable that this Resolution be THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT: Section 1. The Resolution Authorizing Lubbock Industrial Development Corporation Variable Rate Demand Industrial Development Revenue Bonds (Ryder Truck Lines, INc. Project) Series 1982; and Installment Sale Agreement; an Indenture of Trust; a Deed of Trust and Collateral Assignment; a Placement Agreement; and Other Matters in Connection Therewith, adopted by the Issuer on September 15, 1982 (the "Resolution"), a Copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby specifically approved. Section 2. The approval herein given is in accordance with the provisions of Section 25 (f) of the Act and is not to be construed as any undertaking by the Unit, and such bonds shall never contitute an indebtedness or pledge of the Unit, or the State of Texas, within the meaning of any constitutional or statutory provision, and the holder of such bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation or any other revenues of the Issuer, the Unit, or the State of Texas except those revenues assigned and pledged by the Resolution. Section 3. The programs and expenditures authorized and contemplated by the aforesaid documents are hereby in all respects approved. Section 4. The Mayor and City Secretary of the City of Lubbock, Texas, and the other officers of the City of Lubbock, Texas are hereby authorized, jointly and severally to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. PASSED AND APPROVED this September 23, 1982 /S/ Evelyn Gaffga City Secretary (SEAL) GENERAL CERTIFICATE ISI Bill McAlister Mayor THE STATE OF TEXAS § COUNTY OF LUBBOCK § The undersigned, Mayor and City Secretary of the City of Lubbock, Texas (the "Unit"), do hereby certify as follows: 1. This Certificate is executed with reference to that series of bonds styled "Lubbock Industrial Development Corporation Variable Rate Demand Industrial Development Revenue Bonds (Ryder Truck Lines, Inc. Project) Series 1982," in the principal amount of $400,00 (the "Bonds"). 2. The Unit is a body politic and corporate, a municipal corporation and a home rule city created, existing, and operating under the Constitution and the laws of the State of Texas and the city charter duly adopted by qualified electors of the Unit, exercising all powers granted or reserved thereunder. 3. The Lubbock Industrial Development Corporation (the "Issuer") was created and authorized to act on behalf of the Unit, and the Articles of Incorporation and by Bylaws of the Issuer were approved, by resolution of the Unit, dated March 13, 1980. 4. On June 1, 1981, and at all times since that date, the following 13,ZO 7� persons have duly constituted the officers of the Unit: Name Office Bill McAlister Mayor Alan Henry Councilmember M. J. Aderton Councilmember E. Jack Brown Councilmember Joan Baker Councilmember 5. The Unit, by written resolution dated July 22, 1982, has approved a Resolution Concerning Issuance of Bonds to Finance a Project for Ryer Truck Lines, Inc. adopted by the Issuer on July 7, 1982, and by written resolution dated September 23, 1982, has specifically approved the issuance of the Bonds and the documents relating thereto in the amount and for the purpose set forth therein, and such resolution has not been amended, annulled, rescinded, or revoked and remains in full force and effect on the date hereof. 6. The Unit has approved all programs and expenditures of the Issuer in connect with the issuance of the Bonds and the transactions contemplated thereby. 7. No litigation is pending against the Unit or, to the best of my knowledge, threatened against the Unit: (i) to restrain or enjoin the issuance or delivery of the Bonds; or (ii) in any way contesting (a) the right and power of the Unit in connection with any action taken by it towards the creation of the Issuer of the issuance of the Bonds or (b) the titles of the current officers of the Unit to their respective offices. On June 1, 1981, and at all times since that date, Evelyn Gaffga has been the duly elected, qualified, and acting City Secretary of the Unit whose signature appearing on the following certificate is true and genuine. SIGNED AND SEALED THIS September 23, 1982 (SEAL) /S/ Bill McAlister Mayor I, the City Secretary of the City of Lubbock, Texas, hereby certify that Bill McAlister is the duly elected, qualified, and acting Mayor of the Unit whose signature appearing above the true and genuine. /S/ Evelyn Gaffgaa City Secretary CERTIFICATE FOR RESOLUTION APPROVING RESOLUTION BY THE LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS (RYDER TRUCK LINES, INC. PROJECT) SERIES 1982 I, the undersigned, City Secretary of the City of Lubbock, Texas (the "Unit"), do hereby certify as follows: L. The City Council (the "Governing Body") of the Unit convened in regular session at Lubbock, Texas, on September 23, 1982 (the "Meeting"), at the designated meeting place, and the roll was called of the duly constituted members of the Governing Body, to -wit: Bill McAlister Alan Henry M. J. Aderton C. Jack Brown Joan Baker Mayor Council Member Council Member Council Member council Member All of such person were present, except the following absentee: None absent thus constituting a quorum. Whereupon a written: No, 1211 - 9/23/82 RESOLUTION BY THE LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT CORPORATION VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS (RYDER TRUCK LINES, IN PROJECT) (SERIES 1982) (the "resolution") was duly moved and seconded and, after due discussion, siad motion, carrying with it the adoption of the Resolution, prevailed and carried by the following vot AYES: 5 NOES: -0- 1321 above and foregoing paragraph is a true, full, and correct excerpt from the minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are the duly elected, qualified, and acting members of the Governing Body; each of such members was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting, and each of such members con- sented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Article 6252-17, Vernon's Texas Civil Statutes, as amended. SIGNED AND SEALED this September 23, 1982 /S/ Evelyn Gaffga City Secretary (SEAL) -279-41A-1321-2041 Hold a public hearing on the application of Joe Marchant, d/b/a Lubbock 24 Limo for a Limousine Permit. In accordance with notice posted on September 17, 1982, a public hearing was held on the above matter. Appearances: Rick Childers, Administrative Assistant Jim Aldridge, attorney for applicant Joe Marchant, applicant Mr. Childers apprised the Council of the contents of the application and the transactions between staff and Mr. Marchant regarding his application for a Limousine Service Permit. He indicated that Sexton Enterprises withdrew their request for a Limousine Permit and transferred that request to an additional Taxicab. Therefore, at the present time there is no authorized limousine service in the City of Lubbock. Mr. Marchant has filed the appropriate insurance papers, the performance bond, and anticipates using three limousine vehicles and has submitted payments in the appropriate sum for these permits. Mr. Childers did apprise the Council that there is one area of concern to the staff in that his 1976 Cadillac Fleetwood, of which he plans to use two, were one year older than the provision in the ordinance which stipulates that the model vehicle should be no less than 5 years. In the event all other requirements were favorable in the eyes of the Council, this provision in the ordinance could be amended by removing such a restrictive stipulation. Mr. Aldridge introduced Mr. Marchant who spoke on his own behalf and indicated that they were wanting to do business as Lubbock Limousine and gave a brief detail and circulated pictures of the vehicles to be used. He indicated they were cosmetically and mechanically in tip-top condition; that he also was owner and operator of Auto Detail who maintains them cosmetically and he uses Brink Auto for mechanical services. He indicated he had conferred with the Aviation Board and with the Director of Aviation Coffee and they had indicated that there was need for limousine service from the airport into the community. He filed with the Council a petition signed by the employees, redcaps, and other personnel at the airport justifying the need. He also filed with the Council the results of a survey conducted by his staff regarding the need of limousine service, the survey reflecting 407 people were contacted. In response to Council query as to the type of service he plans to offer from the airport, he indicated he would have one vehicle on the premises to meet each flight daily (day and night) and additionally the other two vehicles would be subject to call either from the airport or by radio to the airport by dispatch; that there were telephones in the vehicles and he has central dispatch capabilities in his existing business. Also in response to Council query as to his drivers and their appearance, three of his drivers were present with him in the Chambers and he introduced them as to the type of appearance and courtesies they would extend to the passengers. Councilman Brown apprised Mr. Marchant that applicants had been turned down before because they were not going to be able to provide quality service that the residents of Lubbock are entitled to and in the event that he is unable to comply with the provision that he has stated at this public hearing, they would certainly be in contact with him regarding less -than- quality service. Councilman Aderton stated that he had no problems with the vehicles being six years old provided that they are of the quality, condition, and the services of the quality required for this type of function that they are to perform and he inferred that the application for permit be issued and amend the ordinance removing such restrictive provision. There being no further discussion and no opposition, the hearing was closed at 10:15 a.m. 1322 71 82-41A-1322-2042 Consider the issuance of a Limousine Permit to Joe Marchant, d/b/a Lubbock Limo. 25 The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to grant the Limousine Permit to Mr. Joe Marchant, d/b/a Lubbock Limo for a period of one year, subject to the ordinance being revised altering the age requirement for "limousines" and instructed the staff to prepare an amendment to the ordinance regarding this particular section which is too restrictive in content and submit the amendment to the ordinance at the October 14 regular meeting for consideration. Motion carried: 5 Yeas, 0 Nays. 82-41A-1322-2043 Robert Johnson, representative of Whisperwood, will be present.to request City's acceptance 12 of private streets. *See Reso 1248 (11/11/82) for acceptance as Mr. Robert Johnson, Vice -President of Marketing for the Whisperwood Development appeared public street. & before the Council to request the City's acceptance of a private street. On August 26, Reso. 1249 (11/11/82) 1982, Mr. Johnson appeared before the Council to request acceptance of a street designated for Street Use License Winnsboro Place subject to various conditions imposed by the City in order to conform with the City standards. This request is to accept a private street designated Whisperwood Circle which consists of Lots 141-154 of the Whisperwood Addition. The major difference in the two requests is that this street consists of five islands (four small and one large island) which they would like to retain in private ownership, the owner being the Whisperwood Addition Homeowner's Association. There always is the question of maintenance and landscaping throughout the period of time, it being the City's experience that a Homeowner's Associatio or private owners lose interest in the landscaped island shortly after approval is granted to retain it. It is the City's recommendation that in the event that this remains privatel owned, there needs to be con-structed an underground irrigation system for appropriate maintenance and landscaping material. In response to Council query as to who is going to monitor the Homeowner's Association's performance, Mr. Johnson indicated as project director he would be responsible. Furthermo in response to Council query as to why all the private streets and unique benefits of the addition are now being conveyed back to the City, Mr. Johnson responded that in the beginning it was the intent of the development company to have a controlled access gate and to fence the area and this is no longer the desire of the company; that the control gate will be removed and there will not be installed a fence as originally requested; that they are in the process of replatting the entire subdivision to provide for reasonable size lots at a reasonable, marketable price and these changes in the marketing/development concept, have necessitated these changes and precipitated these requests. The Council queried whether or not he is aware of the conditions that are recommended by the staff in order to find some semblance of conforming to the standards of the City, primarily the renaming of the street, street signs, street light installation, and so forth. Mr. Johnson indicated they had not discussed with him the changing of the name in that Whisperwood Circle conforms with the "W". The City staff was recommending the name of Wayne Circle; the discussion that ensued indicated that Wayne was not in any close proximity; that it was located in the Whisperwood Addition, adjacent to Whisperwood Bouleva 1323 signs. The other conditions were acceptable to them. Following the discussion, a motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to grant the request of Whisperwood Development Company and accept the private street as a public street subject to the following conditions: (1) The roll -type curb now installed would remain. (2) The sidewalk would be placed at the property line and not adjacent to the curb. (3) The islands (5 in all) would remain privately owned and there 'would be installed an underground irrigation system and they would be properly landscaped; also, they would be maintained by the Whisperwood Addition Homeowner's Association and would be monitored by the project director Robert Johnson. (4) The flare at the intersection would remain in effect. (5) The street designated Whisperwood Circle would be retained. (6) A letter of certification that the construction was in accordance with City standards and met specifications following the appropriate test results would be placed on file. (7) Street lights would be installed at the developer's expense (5 lights at $475 each) (8) One street sign will be installed at $37 at the developer's expense. (9) Dedication Deed would be furnished by the developer. Motion carried: 5 Yeas, 0 Nays. Councilman Brown queried as to the status of the policy regarding roll -back curbs which the Council had requested the staff to analyze; they would like an updated report at the October 14 meeting if possible. 82-41A-1323-2044 Ordinance No. 8352 -Zone Case #2375 13 An ordinance changing a tract of land out of Sec. 3, Block 0, from R-3 to M-2 zoning, located at 1300 block E. Broadway, subject to the following condition: a. That the use be limited to parking, office space and enclosed storage space. SMH:js ORDINANCE NO. 8352 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. 2375; CHANGE A TRACT OF LAND OUT OF SECTION 3, BLOCK 0, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 TO M-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41A-1323-2045 Ordinance No. 8353 - Zone Case 2374 ( 14 ) An ordinance changing a tract of land out of Sec. 4, Block E from R-1 to A-1, A-2 and C- 4, located south of Loop 289 between Avenue P and Avenue S, subject to the conditions stated herein. SMH/mck ORDINANCE NO. 8353 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. 2374; TO CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1, A-2 AND C-4 ZONING DISTRICTS; 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. 82-41A-1323-2046 Ordinance No. 8354 - Zone Case 2305-B 15 An ordinance changing a tract of land out of Sec. 22, Block A, from AM Specific Use to A-1 and amend conditions of Ordinance 8308, located at Second Street and Utica Avenue, subject to the following condition: a. That it be tied to a site plan, as presented. SMH/mck ORDINANCE NO. 8354 AM nDnTNTA'Nr1V AT,1rVK"MTN"rt1 7nNTT11,T(1 n7DnTN"rAMrV WWN InQA AAM rPUV nUUTOTAT hNAT3 nv rrrry 1324 SEP E8 1982 l.J F_ 7- 82-41A-1324-2047 ( 16 ) 82-41A-1324-2048 ( 19 ) 82-41A-1324-2049 ( 17 ) CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AM SPECIFIC USE TO A-L AND AMEND CONDITIONS OF ORDINANCE NO. 8308; 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. Ordinance No. 8355 - Zone Case 2381 An ordinance changing part of Lot 770, Pleasant Ridge Addition, from A-1 to C-2 at 5400 - 4th Street, subiect to the followinjz conditions: a. That the tract be developed as one development lot; b. That only one curb cut be allowed no closer than 350' west „f ­Aq- SMH/mck ORDINANCE NO. 8355 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2381; TO CHANGE PART OF LOT 770, PLE RIDGE ADDITION, CITY OF LUBBOCK,-LUBBOCK COUNTY, TEXAS, FROM A-1 TO C-2 ZONING DISTRICT; TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8365 An ordinance authorizing permits for "shooting gallery" installations. loc The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance No"* 8352, 8353, 8354, 8355, and 8365 on second and final reading. Motion carried: 5 Yeas, 0 Na;s SMH/mck ORDINANCE NO. 8365 AN ORDINANCE AMENDING ARTICLE IV ENTITLED "SHOOTING GALLERIES, FIREARMS" BY PROVIDING PERMITS ISSUED UNDER SAID ARTICLE SHALL BE FOR A PERIOD OF ONE YEAR AND TO BE RENEWED ANNU. TO PROVIDE A PERMIT FEE OF $50; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8363 An ordinance adopting the budget for fiscal vear 1982-83. as revised. _ SEE Reso. 1368, 1369, & 1370, 4/14/83r ORDINANCE NO. 8363 for amendment to 182-'83 Bgdget for street repair. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 198283; APPROVING PROPOSED BUDGET FIGURES FOR THE FISCAL YEAR 1982-83; PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEI ACCOUNTS AND DEPARTMENTS, IF REQUIRED; AND APPROPRIATING FUNDS FOR THE 1982-83 FISCAL YEAR Bt OF THE CITY OF LUBBOCK. 82-41A-1324-2050 Ordinance No. 8364 ( 18 ) An ordinance setting the tax rate for 1982-83, as revised. On September 17, 1982 the local banks filed suit protesting the valuation of the banks' stock and the District'Judge entered a restraining order prohibiting the City from assessing the banks' stock for tax purposes. The total taxable valuation affected has been reduced approximately $99,000,000. Therefore, it is necessary to increase the tax rate (Ord. 8364) to .61 rather than the .59 estimated on the first reading on August 26, 1982. With the .61 tax rate, the general fund balance will have an estimated balance at the end of the fiscal year 1982-83 of $183,728.00. The allocation of the .61/$100 valuation is revised as follows: $.2809 per $100 valuation to the Interest and Sinking Fund, allocated among the existing Interest and Sinking Funds as shown on the attached schedule; $.2791 per $100 valuation to the General Fund; $.0500 per $100 valuation to the Board of City Development Fund. The Interest and Sinking Fund has a balance of $272,721 by the end of 1982-83 and it is the recommendation of the staff that $150,000 be transferred from the Interest and Sinking Fund to General Fund to embellish the year-end General Fund balance (estimated at $333,728 at the end of 1982-83). CT Y; The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8363 as amended, and Ordinance No. 8364 as revised on second and final reading. Motiori carried: 5 Yeas, 0 Nays. 1325 82-41A-1325-2051 ( 20 ) 82-41A-1325-2052 ( 27 ) *NOTE: See: Reso. No. 1197 (9-9-82) and Reso. No. 1023 (1-28-82) Supplemtal Agreement #2 is filed w/Reso. 1212 30pgs. 1 1 0 0 MM rt M 0 (D rt 0 N) t-i ON H. . co t= H 0 IL ORDINANCE NO. 8364 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1982; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. Ordinance No. 8366 An ordinance adopting the Capital Projects budget, as revised. The motion was by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinance No. 8366 as amended adopting the 1982-83 Capital Projects Budget. Motion carried: 5 Yeas, 0 Nays. JCR:cl ORDINANCE NO. 8366 AN ORDINANCE APPROVING AND ADOPTING A CAPITAL PROJECTS BUDGET FOR FISCAL YEAR 1982-83; APPROVING PROPOSED CAPITAL PROJECT BUDGET FIGURES FOR THE FISCAL YEAR 1982- 83: PROVIDING FOR NECESSARY TRANSFERS OF FUNDS WITHIN PROGRAM AREAS, IF REQUIRED; AND APPROPRIATING FUNDS FOR THE 1982-83 FISCAL YEAR CAPITAL PROJECTS BUDGET OF THE CITY OF LUBBOCK. Consider resolution authorizing the Mayor to execute a contract with KHC Systems, Inc., for engineering services on the digital signal.system installation. Resolution No. 1212 The signal system feasibility study published in May 1982 by KHC Systems indicated that the engineering design would be in two phases. Phase I would include hardware and software design for the computer system at an estimated cost of $465,000. Contract for this phase was approved in January 1982 (Reso. 1023). Phase II of the engineering design was based 108 intersections for installation, monitoring, and the initial timing, at an estimatedcostof $330,000. When executed, the actual cost for Phase II contract was $599,000 which included 26 additional intersections. Subsequently, the Council authorized removal of traffic signals at four (4) intersections reducing the contract price to $588,768. The three contracts will be implemented simultaneously and KHC will have the overall responsibility as follows: (1) Computer hardware, communications and peripherals. (2) Field equipment and interconnect cable contract. (3) The building construction for the central computer facility and the operational adjustment center on Municipal Hill. Additionally, the consultant will be responsible for integrating the central computer facility with the field equipment, with the Fire Department facilities and to insure that they operate in accordance with the software design. The consultant will also have the responsibility connected with the.,following: (1) Develop an overall critical path chart showing the coordination efforts for each of the three contracts within the overall system. (2) Participate with the City in a pre -bid conference for the field contract to clarify plans and specifications. (3) Prepare change orders to the original plans and specifications, if needed. Prepare and reproduce sets of plans and speci- fications for the computer contract, field contract, and building contract for up to 50 sets. (4) Be present at all bid openings and evaluate bids and make recommendations to the City staff on acceptability. (5) Participate in pre -construction conference on all contracts. (6) Develop all necessary procedures and forms to be used by the City engineering and monitoring of construction. (7) Train the resident engineer to require construction monitoring task. (8) Review and evaluate all equipment and material lists. (9) Conduct a factory inspection of the field equipment to be shipped. Z�M 1326 (11) Observe computer benchmark tests of the computer manufacturer's facility and advise the City of their performance. (12) Inspect the map display panel at the map manufacturer's facility and advise resident engineer of its acceptability. Conduct overall system operation tests in Lubbock. (13) Maintain the system observation of 180 days after the signal is operational. (14) Monitor and view the installation and testing of all communications equipment. Prepare a brief written report on acceptability of each subsystem. (15) Generate a suitable operations system for the project and transfer UTCS source program to the Lubbock computer. (16) Adapt UTCS software to Lubbock requirements. (17) Add capability to the UTCS software to automatically, upon request, generate and load timing plans using the forecast program integrated with the UTCS software. (18) Add automatic timing plans' signature value generation and loading integrated with the forecast timing plan generation capability. (19) Adjust the system to accomodate up to 250 intersections, 500 system detectors, 500 links and 40 subsystems. Integrate the modified UTCS software with the control center, operational adjustment center and fire dispatchers hardware procured by the City. Provide 10 copies of software documentation. (20) Develop software operations manual. (21) Field integrate and demonstrate the software as developed by the consultant with the full system hardware using initial timing. (22) Develop 250 control area timing plans based on anticipated 10 plans for each of 25 anticipated control areas. The timing plans will be generated for morning, afternoon and noon peaks with one off-peak timing plan. (23) Collect movement and pedestrian counts at each of the 130, intersections for 15 minutes during each of the four timing periods. (24) Train City employees in classroom training, actual hands-on field training in the use and operation of the computer hardware and field facilities. (25) Monitor and "de -bug" the system once in operation to insure that it is fully operational and producing acceptable timing and progression plans. If the bid for the field equipment exceeds the estimated amount, the City has the option to dr 26 additional signals at a unit cost of $960 per signal. In response to Council query as.to the contractor's willingness to be present to monitor and t system in working order, Mr. Bertram responded there will be a letter of certification that it is in working order and totally complete as anticipated. The motion was then made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolutilo No. 1212 authorizing supplemental aggreement #2 with KHC Systems, Inc. Motion carried: 5 YE�asl 0 Nays. (NOTE: CONTRACT SUPPLEMENT #1 - Resolution No. 1197, 9/9/82; the original contract is Resolut No. 1023, 1/28/82). SMH/mck RESOLUTION NO. 1212 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 Supplemental Agreement #2 for Architectural and Engineering Services between KHC Systems, Inc. and the City of Lubbock, attached herewith whic] 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 23x_d_day of September ,1982. Iql Bill McAlister BILL McALISTER, MAYOR ATTEST: /, / ____ I --- __ Z­ - 1327 FAEMM 82-41A-1327-2053 ( 28 ) 12-41A-1327-2054 ( 30 ) 32-41A-1327-2055 ( 31 ) OTE: See Ord. 8174 (4/23/81) & Ord 8239 (9/24/81) Open Flame Heaters Consider the closing of completed Community Development projects and associated adjustments to the contingency fund. At the end of each fiscal year, those projects having been completed are closed out with underruns being returned to the Contingency Fund and overruns being extracted from the Contingency Balance. In 1978, .$6000 was allocated for a study to determine the need for handicapped housing units and public housing units. Later that year, the study was begun and the Council approved $89,000 for the construction of four (4) handicapped units in the public housing apartments which cancelled the need for the feasibility study. The projects being closed as of the end of the fiscal year are: Project Budget Expenditures Balance 7628 Handicapped Curb Ramps 20,000.00 25,794.06 ( 5,794.06) 7713 Booster Pump Station 80,500.00 83,025.18 ( 2,525,18) 7732 Emergency Generators 80,600.00 61,536.98 19,063.02 7809 Sr. Citizens Center 237,417.00 231,491.96 5,925.04 7813 Residential Street Lighting 25,000.00 12,145.19 12,854.81 7821 Disposition Mem Center Land 10,000.00 5,606.54 4,393.46 7824 Mae Simmons Sr. Cit. Center, 20,000.00 14,465.40 5,534.60 7829 Lubbock Lake Site 5,200.00 5,314.22 114.22) 7830 Softball Complex 237,008.00 237,007 - 64 .36 1917 Street Paving 266,379.44 215,442-09 50,937.35 7928 Clapp Party House 12,450.00 12,391.41 58.59 7933 Mackenzie Party House 23,600.00 23,258.40 341.60 7934 Personnel Payroll System 15,000.00 15,009.77 9.77) 8009 S. Overton Park Acq. 187,238.73 178,178.53 9,060.20 8016 Parks Irrigation 60,000.00 68,259.06 (8,259.06) 8021 Triple Pumper Fire Truck 108,691.70 115,565.70 (6,874.00) 8112 Int. Code Enforcement 72,000.00 87,000.89 (15,000.89) 8113 Code Enforcement 130,000.00 127,143.61 2,856.39 8114 Weatherization 25,000.00 24,322.13 677.87 8119 Indirect Costs 43,314.00 42,344.62 969.38 8120 School Zone Lights 10,000.00 8,558.61 1,41.39 7th Year Administration 112,700.00 106,420,97 6,279.03 7922 Housing Study 6,000.00 0.00 6,000.00 Net: $0,815.91 Upon closure of these projects, the balance in the Contingency Fund will be $229,553.04, or a net increase of $87,815.91. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve the closing of the above referenced projects and accepting the Contingency Fund Balance as stated. Motion carried: 5 Yeas, 0 Nays. Consider the request of the Urban Renewal Agency for an allocation of the CD contingency fund for water lines in the Guadalupe Area. Previously, the Council approved the sale of Lots in Guadalupe Area to Mr. Richard Lopez for construction of some single-family residences. It has now been discovered that before the blueprints can be recorded, it is necessary to lay water lines to serve 6 of the lots which are available for sale. The allocation requested is $7,700 to be funded from CD Contingency Fund. It is anticipated that the proceeds from the sale of the lots will be $9075, which exceeds the expenditure requested. The motion was by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve the request of Urban Renewal for funds to install water lines in the Guadalupe Area, to be funded from CD Contingency Funds. Motion carried: 5 Yeas, 0 Nays. Consider a resolution authorizing the Mayor to submit a Petition for Exemption to the Consumer Products Safety Commission regarding unvented fuel burning room heaters. Resolution No. 1213 The Consumer Products Safety Commission has mandated that all subordinate governmental units may allow the installation of unvented fuel burning heaters provided that there is attached the Oxygen Depletion Sensing System (ODS). The petition for exemption from the mandate by the City of Lubbock results from the fact that there is presently in the Code prevention of the installation of unvented fuel burning devices, which has been approved by the Plumbing Board. Fire Chief Foster supported this provision due to the fact that the restriction for the City of Lubbock has been on the books for some time and this is an unnecessary encroachment by Federal agencies. The motion was by Councilwoman Baker, seconded by Councilman Brown to pass Resolution No. 1213 authorizing the Petition of Exemption be forwarded to the designated governmental agency requesting same. Motion carried: 5 Yeas, 0 Nays. KJ:da RESOLUTION NO. 1213 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 Petition for Exemption in the matter of Petition of Building Inspection Department, City of Lubbock, Texas, for exemption from 15 U.S.C. § 2075(a) as it applies to commission safety standards requiring oxygen depletion safety shutoff systems (ODS) for unvented space heaters (16 C.R.F. Part 1212), attached herewith 1328 om I I 1� F which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall consitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of September 91982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Mike Coker Mike Coker, Building Official APPROVED AS TO FORM: ISI Ken Johnson. Ken Johnson, Assistant City Attorney IN THE MATTER OF § PETITION OF BUILDING INSPECTION § DEPARTMENT, CITY OF LUBBOCK, § TEXAS, FOR EXEMPTION FROM § 15 U.S.C. § 2075(a) AS IT APPLIES § DOCKET NO. TO COMMISSION SAFETY STANDARDS § REQUIRING OXYGEN DEPLETION § SAFETY SHUTOFF SYSTEMS (ODS) § FOR UNVENTED SPACE HEATERS § (16 C.R.F. Part 1212) § COMES NOW PETITIONER, Building Inspection Department of and on behalf of the City of Lubbock, Texas, and,respectfully petitions the Consumer Product Safety Commission, hereinafter referred to as the Commission, for a rule exempting Section 807, Uniform Mechanical Code, 1967, incorporated into law by the City of Lubbock, Texas at Section 33A-1, Lubbock Code of Ordinances, Volume II, from the preemption provisions of 15 U.S.C. §2075(a), and in support thereof sets forth as follows: 1. Petitioner is a department of the City of Lubbock, a political subdivision of the State of Texas, pursuant to Section 33A-1, Lubbock Code of Ordinances, Volume II and the Uniform Mechanical Code, 1967, with authority to promulgate and enforce safety standards and regulations with respect to gas -fired and fuel -burning heating appliances. 2. Following is the local regulation applicable to unvented gas -fired and fuel -burning room heaters, including date of enactment, citations, and Petitioner's authority and responsibility with respect to such regulation: Uniform Mechanical Code, 1967 Edition, (drafted and proposed by representatives from International Conference of Building Officials (ICBO), International Association of Plumbing and Mechanical Officials (IAPMO) and National Air Conditioning, Heating, Ventilating and Refrigeration Officials (NACHVRO)), Section 807(c): (c) Unvented. No unvented fuel -burning room heater shall be installed, used, maintained, or permitted to exist in any Group D, H, or I Occupancy nor shall any such heater be installed in any building, whether as a new or as a replacement installation, unless permitted by this Section. The Uniform Mechanical Code was adopted into law by the City of Lubbock, Texas by Ordinance No. 5462, Section 1, enacted March 23, 1968. Exact provisions found in subsequent editions have also been followed by the City of Lubbock. Petitioner's authority and responsibility with respect to such regulations is located at Sections 33A-2 and 33A-3, Lubbock Code of Ordinances, Volume II: Sec. 33A-2. "Building official" defined. The term "building official" as used in the Uniform Mechanical Code, 1967 Edition, as adopted shall mean the building inspector of the City of Lubbock or his authorized representative. (Enacted by: Ord. No. 5462, §3, 3-23-68) Sec. 33A-3. Powers of building inspector. Whenever in the Uniform Mechanical Code, 1967 Edition, as adopted, it is provided that anything must be done to the approval of or subject to the direction of the building inspector, this shall be construed to give such officer only the discretion of determining whether the rules and standards established by this code have been complied with; and no such provision shall be construed as giving any officer discretionary powers as to what such regulations or standards shall be, or power to require conditions not prescribed by the code or to enforce code n-rnxTicinnQ in an nrmtrnyN7 nr di.qrriTninnfnry manner_ (Enacted hv: Ord. No. 1329 MEE= 3. On August 17, 1980, the Commission published in the Federal Register a final rule entitled "Safety Standards Requiring Oxygen Depletion Safety Shutoff Systems (ODS) For Unvented Gas -fired Space Heaters". See 45 Fed. Reg. 61880 (Aug. 17, 1980), codified as 16 C.F.R. Part 1212 (1981). See also 46 Fed. Reg. 68930 (Oct. 17, 1980); 46 Fed. Reg. 10458 (Feb. 3, 1981): 46 Fed. Reg. 29692 (June 3, 1981), extending effective date to 12/31/81. 4. The standard set forth in paragraph 2, supra, provides a significantly higher degree of protection from the risk of carbon monoxide poisoning from unvented gas -fired space heaters than does the Commission's standard set in paragraph 3, supra, in the following respects: (1) The regulation referenced in 2 above is a restriction of installation in that it requires that unvented gas -fired or fuel -burning room heaters be listed and comply with recognized safety standards. Recognized safety standards, as referenced in 2 above, contain limitations on carbon monoxide productions as well as other safety -related requirements. The Commission's standard contains no direct limitations on carbon monoxide production nor any other safety - related requirements. Petitioner respectfully submits that the standard set forth in paragraph 2 provides a significantly higher degree of protection from the risk of carbon monoxide poisoning and overall consumer safety than does the Commission's standard set forth in paragraph 3. It is also our understanding that after December 31, 1981, all newly produced unvented gas -fired room heaters design certified as complying with ANSI Z21.11.2 by the American Gas Association will comply with standards which require an ODS and are more stringent in all safety aspects than the Commission standard. (2) The regulation referenced in 2 above totally bans installation of unvented gas -fired or fuel -burning room heaters. This ban is based on the potential for carbon monoxide poisoning coincident with improper adjustment, poor maintenance, or use of such heaters. The Commission's standard contains no direct limitation on carbon monoxide production nor any other safety -related requirements. The Commission's standard does not even go so far as to require compliance with recognized safety standards. Petitioner respectfully submits that the standard set forth in paragraph 2 provides a significantly higher degree of protection from the risk of carbon monoxide poisoning and overall consumer safety than does the Commission's standard set forth in paragraph 3. It is also our understanding that after December 31, 1981, all newly produced unvented gas -fired room heaters design certified as complying with ANSI Z21.11.2 by the American Gas Association will comply with standards which require an ODS and are more stringent in all safety aspects than the Commission standard. (3) The regulation referenced in 2 above bans installation of unvented gas - fired or fuel -burning room heaters in sleeping rooms, bathrooms, homes for the aged, nursing homes, rooms for transients, motels, etc. This is a restriction of installation based on the potential for carbon monoxide poisoning, burn hazard, clothing ignition potential and general safety of persons forced to be in close proximity to or unfamiliar with the use of unvented room heaters. The Commission's standard contains no direct limitations on carbon monoxide products nor any other safety -related requirements. The Commission's standard does not even go so far as to require compliance with recognized safety standards. Petitioner respectfully submits that the standard set forth in paragraph 2 provides a significantly higher degree of protection from the risk of carbon monoxide poisoning and overall consumer safety than does the Commission's standard set forth in paragraph 3. It is also our understanding that after December 31, 1981, all newly produced unvented gas -fired room heaters design certified as complying with ANSI Z21.11.2 by the American Gas Association will comply with standards which require an ODS and are more stringent in all safety aspects than the Commission standard. (4) The rule referenced in 3 above does not appear to resolve the following questions: (a) What height above the floor must the ODS (oxygen depletion sensing system) be installed? Toxic and potentially lethal gases rise and then fill the space from top -down. What effect would a low placement (ODS) height have on people sleeping on average height beds or on bunk beds? (b) Building construction today significantly restricts the number of air changes per hour (by infiltration) due to energy conservation concerns. The chances of CO poisoning in a building with four (4) air changes per hour is significantly less than the hazard associated with the building with only one (1) to two (2) air changes per hour. How can adequate supply of air be furnished (guaranteed) in the "tight" structure? (c) How is the installation, supervision and inspection of units complying with 3 above to be accomplished? (d) How can a manufacturer determine what effect natural gas (as compared to "typical fuel gas") in the,Lubbock area will have upon the ODS or the rest of the gas regulation assembly? How are other factors; such as gas pressure, atmospheric pressure, drafts and temperature going to affect the ODS and the rest of the system? 5. Enforcement of the standard set forth in paragraph 2, supra, will not unduly burden interstate commerce because the regulation has been in effect for fourteen (14) years. 6. Pursuant to 15 U.S.C. §2075(a), petitioner may lack authority to enforce the regulation set forth in paragraph 2, supra. 7. Pursuant to 15 U.S.C. §2075(c), the Commission has the authority, after notice and opportunity for oral presentation of views, to grant the relief requested. WHEREFORE, Petitioner respectfully petitions the Commission to issue a rule exempting Section ' 807(c), Uniform Mechanical Code, 1967 Edition, incorporated into law by Section 33A-1, Lubbock Code of Ordinances, Volume II, Lubbock, Texas, from 1330 82-41A-1330-2056 ( 32 ) *NOTE: See Reso. 1027 (2/11/82) for for Step No.1 the preemption provisions of 15 U. S. C. §2075 (a). Respectfully submitted, /S/Bill McAlister BILL McALISTER, MAYOR CITY OF LUBBOCK, TEXAS APPROVED AS TO FORM: ISI Ken Johnson ISI Michael R. Coker Ken Johnson, Assistant MIKE COKER, BUILDING OFFICIAL City Attorney, City of Lubbock CITY OF LUBBOCK, TEXAS ISI Tom Foster TOM FOSTER, FIRE CHIEF CITY OF LUBBOCK, TEXAS Consider a resolution adopting plans and specifications and directing advertisement for bids on Quaker Avenue from Loop 289 to 82nd Street (GWO 11,591). Resolution No. 1214 This is the second of a series of five (5) resolutions preceding the Assessment Ordinance regarding the paving of an 80' thoroughfare project which was included in the 1981 Capital Improvements Bond Program. The majority of the west side of this project has pre -paid paving and was placed with the City at the time of the plannning. The last parcel of right-of-way has recently been cleared so that the project m ' ay proceed as designated above. Previously, Ordinance No. 8276 was approved for preliminary work on this project providing for 9" of asphalt -stabilized base with an asphalt surface; an alternative would be for a concrete surface. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Resoluti No. 1214 adopting the plans and specifications for the paving project on Quaker Avenue from Loop 289 South to 82nd Street. Motion carried: 5 Yeas, 0 Nays. JCR: da RESOLUTTON NO. 1214 A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS. WHEREAS, the City Council on February 11, 1982 passed a resolution providing for the improvements of a portion of Quaker Avenue for S. Loop 289 to 82nd Street in the City of Lubbock, Texas, and directing preparation of plans and specifications covering the street as named in said resolution; and WHEREAS, the City Engineer has prepared and filed with the City plans and specificat for such improvements, and same have been examined; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT, the plans and specifications submitted by the City Engineer covering improvements contemplated by said resolution, BE and the same are hereby approved and the Mayor and City Secretary are hereby authorized and directed to advertise for bids in accordance with the "Notice to Bidders" made a part of said specifications covering the quantities of materials needed for said paving program as therein set out. AND IT IS SO ORDERED. PASSED AND APPROVED THIS the 23rd day of September, 1982. ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer ISI Bill McAlister BILL McALISTER, MAYOR APPROVED AS TO CONTENT: /S/Don Jennings Don Jennings, City Engineer 1331 82-41A-1331-2057 Consider a resolution authorizing the Mayor to execute a Street Use License 33 for use of right-of-way on Erskine Street between N. Gary and N. Hartford Avenues. Resolution No.. 1215 The Lubbock Independent School District is requesting the use of 15' of parkway area for 45' angle parking in front of Wolffarth Elementary School. Interestingly enough, the curb has already been removed and construction was under way before it was called to the City's attention or permission was requested to do so. Historically, "head -in" parking creates a hazardous situation when backing into moving traffic and similar cases appearing before the ZBA have been denied. If approved, the license would stipulate that a 30" gutter replace the one that has been torn out at the expense of LISD; the license will be at $448.80 for the first 5 years of its twenty (20) year duration. In response to Council query, it was stated that there exists violation of required off-street parking for this location. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry, to pass Resolution No. 1215 granting a Street Use License to LISD for right-of-way use at Wolffarth Elementary School. Motion carried: 5 Yeas, 0 Nays. JWF/mck RESOLUTION NO. 1215 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 Street Use License in favor of Lubbock Independent School District, attached herewith which shall be spread upon the minutes of the City Council and as spread upon the minutes of the City Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this .23rd day of September —, 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: ISI J. Worth Fullington J. Worth Fullingim, Asst. City Attorney STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this day of 1982, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and LUBBOCK INDEPENDENT SCHOOL DISTRICT, a body politic and corporate, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct and maintain a parking area for vehicles to be parked at 45 degree angles at the following location: The Right -of -Way on Erskine Street between North Hartford and North Gary Avenues which is described more particularly as follows: BEGINNING at a point which bears 77.25 feet East of the Southeast corner of Lot 11, Block 2, Frank A. White Addition to the City of Lubbock, Texas, said point being 17.75 feet East of the Southwest corner of the George Wolffarth School Tract, and also being in the North Right -of -Way line of Erskine Street; THENCE East along the North Right -of -Way line of Erskine Street a distance of 352.00 feet to a point; _T=WT/1V 0--l- I r, An 4:­ - - . 1332 THENCE West 352.00 feet to a point; THENCE North 15.00 feet to the point of BEGINNING. Contains 5,280 square feet or 0.121 acres. At the locations where curb and gutter improvements are or will be torn out by LICENSEE; to allow entry to the parking area, LICENSEE shall construct at its expense, a concrete 30 inch gutter, and LICENSEE shall notify the City Engineer of the City of Lubbock at the commencement of such construction in order that the City Engineer can inspect such construct!, and make such requirements as are necessary to affect compliance with all applicable ordinan( resolutions and regulations of the City of Lubbock which are applicable or become applicable) to such construction. I 1. The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event unless either party shall give written notice of termination to the other party sixty (60) days before the expiration of the first, second, or third five (5) year term as the case may be, and the City of Lubbock retains the right at its election to cancel and revoke this license with or without cause upon thirty (30) days notice to LICENS Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 1628 19th Street, Lubbock, Texas, 79401, or the last known address of LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of FOUR HUNDRED FORTY EIGHT AND 80/100 ($448.80) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this license, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK based on an appraisal of the fair market value of such land by the Right of Way Department of the CITY OF LUBBOCK as applied to the formula for determining such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing ninety (90) days before the start of the five (5) year term to which such.change in rate shall apply, and if such notification be not timely made then the rate for the preceding five (5) year term shall apply. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 4. In the event the CITY OF LUBBOCK determines that the existence of such use interfe with or causes the rerouting or realignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 5. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoe. kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance 1 of all the terms, covenants and conditions contained in said agreement and a certified copy 1 of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. a, 1333 7. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same exteftt and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph Five (5). 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title orrightsof possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK BY Rill McAlister BILL McALISTER, MAYOR ATTEST: /Sj Evelyn Gaffgn Evelyn Gaffga, City Secretary -Treasurer AGREED TO AND ACCEPTED this day of 31 1982. LICENSEE: LUBBOCK INDEPENDENT SCHOOL DISTRICT BY MONTE HASTE President of its Board of Trustees APPROVED.AS TO CONTENT: /S/ Don Jpnninps Don Jennings, City Engineer APPROVED AS TO FORM: IS/ J, Worth Fu 1-ingim J. Worth Fullingim, Asst. 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, 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 consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28tb day of September 3 I';/ Olivia R_ Solis Notary Public, Lubbock County, Texas Commission Expires 11/30/82 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 MONTE HASTE, President of the Board of Trustees of Lubbock Independent School District,, 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 Lubbock Independent School District. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28tb day of September 1982. 1334 F 82-41A-1334-2058 Consider an ordinance regulating the operation of tatoo establishments within the City limits- 34 Ordinance No. 8370 82-41A-1334-2059 ( 35 ) *Copy of Local Health Department Budget Filed w/Resolution The number of tatoo businesses within the city limits has increased and associated with this business is the possibility of disease and infection contracted during the business of administering the tatoos. The Health Department has therefore submitted the proposed ordinance for consideration, which was approved by the Health Board on August 13, 1982 and has the concurrence of the major tatoo artist Mr. Ron Shearer. The tatoo operator permit is $25 per year and the permit for the establishment is $160 per year. The ordinance provides for the owner to maintain a list of the names, addresses, and exact duties of all employees to be filed with the Health Department which will be a resource material in the event of a communicable disease penetration. Additionally, a tatoo shall be administered to no person under 21 years of age. The motion was made by Councilwoman Baker, seconded by Councilman Aderton for first reading. Motion carried: 5 Yeas, 0 Nays. DGV: j s ORDINANCE NO. 8370 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE XI TO CHAPTER 15 PERTAINING TO THE OPERATION OF TATTOO ESTABLISHMENTS; REQUIRING A PERMIT FOR TATTOO ESTABLISHMENTS AND TATTOO OPERATORS; ESTABLISHING SANITARY REQUIREMENTS; PROVIDING FOR HEALTH INSPECTIONS; PROVIDING FOR SUSPENSION OF PERMITS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Consider a resolution authorizing the Mayor to sign an agreement with the Texas of:.Health. Resolution No. 1216 This agreement is with the State Health Department and provides for two registered nurses, one licensed vocational nurse (LVN), two part-time dentists, and one secretary in addition to clinic fees, equipment and some supplies. The agreement will be in the area of $96,000 and is renewable annually. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 1216 authorizing the referenced agreement. Motion carried: 5 Yeas, 0 Nays. DGV: da RESOLUTION NO. 1216 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 Texas Department of Health and the Local Appropriating Agencies of the City of Lubbock for the operation of a local Health Department or Local Health District, 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 23rd day of September ,1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga d 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, First Asst. City Attorney t TIS AGREEMENT BETWEEN THE TEXAS DEPARTMENT OF HEALTH AND THE HEREINAFTER NAMED LOCAL GOVERNING BODIES RELATING TO THE OPERATION OF A LOCAL HEALTH DEPARTMENT OF LOCAL HEALTH DISTRICT IS AS FOLLOWS: 1 - The exnenditnrpq nnntninpd in thp 'hilriapt- nr-rr)Tnnnnvina f-hi-- qcrrP,-Tni-nf- -ron-roaPnf- fiinAc! 1335 SEP 43 1982 2. All personnel will meet at least minimum personnel qualifications established by the Merit System Council, local Civil Service,, or other acceptable systems. 3. A Director shall be appointed to operate and administer the full-time Local Health Department or District. The Director shall be a physician, licensed by the Texas State Board of Medical Examiners. The Local Governing Bodies, by joint action or by concurrent agreement, shall appoint a qualified Director who shall be approved by the Commissioner of Health. 4. The Director of the full-time Local Health Department or District is to be in complete charge of all public health activities of the Department and shall direct the personnel. The said Director shall have full authority to employ, promote, demote, discharge and transfer any and all personnel within the Local Health Department or District; PROVIDED, HOWEVER, that such actions pertaining to State paid employees shall be in accordance with the Personnel Manual of the Texas Department of Health. The Local Appropriating Agencies may establish a Board of Health for the Health Department or District in accordance with the statutory authority under which the Department or District is organized. 5. The Director will make such financial and activity reports as may be required by the Texas Department of Health. The Texas Department of Health reserves the right to audit such reports, and to conduct program evaluations. 6. It is understood that due to lack of State funds it may be necessary at some future date to reduce the financial participation on the part of the State. 7. The local governing body hereby agrees to comply with: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and its im- plementing regulation, 45 CFR Part 84 (prohibiting discrimination in federally assisted programs on the grounds of race, color, or national origin.) B. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794 and its imple- menting regulation, 45 CFR Part 84 (prohibiting discrimination in federally assisted programs on the basis of handicap.) C. Title VII (42 U.S.C. 2003 et seq. prohibiting discrimination in employment practices.) D. 29 U.S.C. 621 et seq. (age discrimination) 8. Either party may terminate this Agreement at any time after giving at least thirty (30) days notice in writing. Executed this 23rd -day of September.. 1982. RECOMMENEDED: CITY OF LUBBOCK JSJ Bill McAlister C.C. Evaes, M.D. Bill McAlister, Mayor Associate Commissioner for Community and Rural Health ACCEPTED: Official(s) authorized to sign for local TEXAS D EPARTMENT OF HEALTH governing body (bodies) ATTEST: BY: /q/ Evelyn Gaffga Robert A. MacLean, M.D. Evelyn G�affga, City Sec. Treas. Deputy Commissioner TEXAS DEPARTMENT OF HEALTH 82-41A-1335-2060 Consider Change order #5 to contract for renovation of Southeast Water Reclamation Plant, ( 36 ) and authorize same. *NOTE: See: Reso. 992 Resolution No. 1217 dated (12/10/81 for orig. contract This change order is in the amount of $9,748.71 and consists of five items of work described therein. The original contract was approved in December 1981 (Reso. 992). The motion" -was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution No. 1217 authorizing Change Order #5 referenced above. Motion carried: 5 Yeas, 0 Nays. 1336 * NOTE: Daily Extra Work Summary and Map filed w/ Reso. HW/mck RESOLUTION NO. 1217 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 execu for and on behalf of the City of Lubbock Change Order No. 5 to a contract previously entered into by and between said City and Carrothers Construction Co., Inc. for renovations to the Southeast Water Reclamation Plant, Lubbock, Texas, attached herewith which shall be spread u] the minutes of the Council and as spread upon the minutes of this Council shall constitute a] be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of September /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: /S/ Harold Willard Harold Willard, Assistant City Attorney TO: Carrothers Construction Co., Inc. P.O. Box 269 Paola, Kansas 66071-0269 1982. CHANGE ORDER NO. 5 Renovations tothe Southeast Water Reclamation Plant Lubbock, Texas August 31, 1982 General description of work included in contract: Renovations to the Southeast Water Reclamation Plant. Original Amount of Contract . . . . . . . . . . . $567,000.00 Change Order No. 1 . . . . . . . . . . . . . . . -0- Change Order No. 2 . . . . . . . . . . . . . . . 45,723.58 Change Order No. 3 . . . . . . . . . . . . . . . 77,222.85 Change Order No. 4 . . . . . . . . . . . . . . . 8,340.00 Change Order No. 5 . . . . . . . . . . . . . . . 9,748.71 Adjusted Contract Amount . . . . . . . $708,035.14 Adjusted Construction Time . . . . . . None WHEREAS, it is desirable to make changes in the work to be consturcted under this project. THIS AGREEMENT WITNESSTH: In consideration of the mutual advantage gained, the Owner and the Contractor agree to the changes indicated below and further agree that the amount of the contract shall be adjusted by the amount shown above. 1. Remove existing 6-inch cast iron pipe, furnish and install new 6-inch ductile iron pipe, and seal the joint at the existing tank wall for the primary sludge draw -off line exiting Primary Sedimentation Tank No. 1. Add . . . . . . . . . . . . . . $ 750.00 2. Extra work required to install new slide gates at the entrance structure as indicated on the attached daily extra work summary. Add . . . . . . . . . . . . . . 180.88 3. Extra work required to dewater Primary Sedimentation anks flooded after the tanks had been previously dewatered by the Contractor as indicated on the attached daily extra work summayr. Add . . . . . . . . . . . . . . 647.83 ;e pon CHANGE ORDER NO.5 Page 1 of 2 1337 4. Furnish and install redwood baffles in Primary Sedimentation Tank Nos. 1 and 3-7 as detailed on the attached sheet 1 of 1. Add . . . . . . . . . . . . . . . $ 7 , 620.00 5. Furnish and install a 42" x 42" x 1/4" check- ered steel floor plate, with 1" x 1" x 1/4" angle stiffner, to cover the new box around the helical skimmer drive unit at the north- west corner of Primary Tank No.7. Add . . . . . . . . . . . . . . . 550.00 The aforementioned changes and work affected thereby, are subject to all contract stipulations and covenants. The Owner and the Contractor agree that there will not be an adjustment to the time allowed for completion of the project for the above listed changes. IN WITNESS THEREOF, the Owner and the Contractor have hereto set their hand this the day of , 1982. ------------------------------------ --------------------------------------------- Recommended: PARKHILL, SMITH & COOPER, INC., consulting Engineers BY/S/ Terry G. Bilderback , Pro'. Engr. 8-31 1982 APPROVED: CARROTHERS CONSTRUCTION CO., INC., Contractor BY /S/ Richard G. Krish , Pros. Mgr. , 9-3 , 1982 Approved: CITY OF LUBBOCK, TEXAS, Owner BY /S/ Bill McAlister , Mayor September 23 , 1982 Attest /S/ Evelyn Gaffga City Secretary CHANGE ORDER NO. 5 Page 2 of 2 82-41A-1337-2061 Consider a resolution authorizing the Mayor to execute a Water Lease Agreement. ( 37 ) Resolution No. 1218 This lease agreement is with Archer Baker and Keith Blair for water rights in Bailey County. It provides for all rights to underground water from approximately 1,614 acres with 10 existing water wells. The agreement will be in effect until December 31, 1993, with the City having the first option to renew the agreement. The City is required to purchase $111,429 of water in 1984 and minimum water purchases diminish to $57,200 in 1993. The City will pay the owners 15 cents per 1000 gallons received by the City; The city will pay owners $350,000 in five equal payments of $70,000 each beginning in January, 1983. This will be funded from Revenue/Sharing Funds. The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve Resolution No. 1218 authorizing the above referenced water lease agreements with the first payment being in January, 1983, referenced above. Motion carried: 5 Yeas, 0 Nays. DGV:js RESOLUTION NO. 1218 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 Water Rights Lease Agreement by and between Archie Baker and Keith Blair and the City of Lubbock 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 23rd day of September /S/ Bill McAlister BILL McALISTER, MAYOR , 1982. ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: APPROVED AS TO FORM: N�M 1338 WATER RIGHTS LEASE AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK This Agreement entered into by and between Archie Baker and Keith Blair, hereinafter called Owners, and the City of Lubbock, a home rule municipal corporation of Lubbock County, Texas, hereinafter called City; WITNESSETH WHEREAS, Archie Baker and Keith Blair are owners of certain real property located in Bailey County, Texas, which property is more particularly described in Exhibit A attached hereto and made a part hereof for all purposes; and WHEREAS, the said Owners are desirous of leasing the rights to the underground water located under the land described in Exhibit A, except for such rights to said underground water as may be herein retained by said Owners; and WHEREAS, the said City is desirous of leasing the rights to the underground water located under the land described in Exhibit A, except for such rights to said underground water as may be herein retained by said Owners; and WHEREAS, the said City finds it to be in the best interest of the citizens of the City of Lubbock to acquire the rights hereinafter granted to City; and WHEREAS, the said Owners find it to be in their best interest to grant the rights hereinafter set out to City; NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: 1. DESCRIPTION: Owners do by these presents lease and grant to City the rights to all underground water located under the following described real property situated in Bailey County, Texas: All that property described in Exhibit A attached hereto and made a part hereof for all purposes, except that Owners may take water from the Owners' existing or additional domestic wells for domestic uses and livestock watering purposes, but not including commercial feedlot purposes. A map showing the location of ten (10) existing wells is attached hereto as Exhibit B and made a part of this Agreement for all purposes. The City shall have the exclusive right to use the existing ten (10) wells and to modify the existing wells as required to comply with the Texas Department of Health regulations and the exclusive right to drill additional wells at the City's option. This lease and grant is made by the Owners for the consideration of rents and covenants hereinafter set out. 2. PURPOSE: The purpose of this Agreement is to provide City with a source of potable underground water during the term of this Agreement and to provide Owner with a market for such potable underground water during the term of this Agreement. 3. TERM: This Agreement shall take effect upon the date of execution hereof by all parties and shall terminate December 31, 1993, subject to the City having first opportunity to continue said Agreement by amendment executed at such time. If City and Owners fail or refuse to reach an agreement by the time of termination of this Agreement, then Owners may negotiate or sell such rights to others. 4. IMPROVEMENTS: As part of the consideration flowing to Owners and as ,an inducementto Owners to execute this document, City agrees to undertake the following: - (a) To construct a pipeline gathering system for purposes of transporting said underground water to the City's existing reservoir. The depth to tAs top of such pipelines shall be no less than 42 inches below the land surface. (b) To modify existing well construction to meet the regulations of the Texas Department of Health. (c) To install City's pumps on all wells. All equipment, pumps, pipeline and accessories are the property of City and the City reserves the right to remove all pumps and equipment at the expiration of the Agreement. All pipelines will remain in place. (d) To maintain the existing wells and to leave no less than ten (10) operable wells at the expiration of the Agreement. However, City does not guarantee the availabl," lity of water from such wells. 5. DUTIES OF OWNERS: Owners agree to undertake the following duties and obligations as part of the consideration flowingtoCity under this Agreement: (a) To reseed all pipeline rights -of -way for the original ten (10) wells with native grasses to reduce wind erosion. (b) To transfer to City all of Owners rights under existing contracts for use of electric power from existing electric lines. However, the Owners reserve the right to retain any refunds pursuant to such contract which accrues prior to January 1, 1984. 1 (c) To plant only low water use crops from the time of execution of this Agreemenli, until City takes possession of the existing wells, with the exception of Well No. 4 & 11, which may be used to produce a crop of vegetables during such time period. (d) To provide City with access on and after June 1, 1983, for the purpose of installing pipelines and on and after January 1, 1984, for the purpose of installing i pumps and equipment. Thereafter access shall be allowed for all required purposes pertinent to the operation and maintenance of said wells and pipelines. 6. DUTIES OF CITY: The City hereby agrees to undertake the following duties and obligations as part of the consideration flowing to Owners pursuant to this Agreement: (a) To take or pay for a minimum dollar amount of water during the ten,year term!, of this Agreement following the date first delivery of water as set out in Exhibit C, which is attached hereto and made a part hereof for all purposes. (b) To pay Owners fifteen cents ($.15) per one thousand gallons (1,000) of water received by City. This price will be adjusted annually after December 31 to reflect changes in the Producer Price Index, Industrial Commodities, from a base date of December, 1980. Computation shall be as is set out in Exhibit D, which is attached hereto and made a part hereof for all purposes. Payment will be made in January each year for the minimum amount contracted for and adjustments will be made the following January to reflect the actual amount taken and payment for said additional amount shall be made to Owners at that time based upon the previous year's price as set out in Exhibit D. (c) To pay Owners Three Hundred Fifty Thousand Dollars ($350,000.00) in five (5) 1 - - - .- - - I ^ - __ - __ -- m, ___ - __ A -_1 I ___ 16 -7fl fNnA Arl\ I-- -4 ___ — ­4 a 1, 4C4 "- ­­+- 1339 SEP 23 1982 made each January until the total amount is paid. Such payment shall be in addition to payments for water set out in paragraph 6(b) above and shall be consideration for execution of this Agreement by Owners. (d) To remove Owners pumps on the ten (10) existing wells and stack them prior to installation of City's pumps. (e) To meter the water produced by a meter furnished, installed, operated and maintained by City, which meter shall be of standard type for measuring properly the quantity of water delivered under this Lease. The Owners shall have access at all times to such metering equipment, but the reading, calibration, and adjustment of the meters shall be done only by employees or agents of the City. Owners will be notified when City plans to test or calibrate its meters so that they may be represented if they so desire. The City shall keep a true record of all meter readings as tran- scribed from the reports of the City's employees or agents with respect thereto. The City hereby agrees to calibrate its metering equipment as often as it considers necessary and at such time as Owners may show reasonable evidence of error but not less than once each year. In the event the meter is out of service or out of repair so that the amount of water produced hereunder cannot be ascertained or computed from the reading thereof, the water produced and delivered during the period such meter is out of service or out of repair, shall be agreed upon by the parties hereto, by correcting the error if the percentage of the error is ascertainable by calibration tests or mathematical calculations, or by estimating the quantity of production by the deliveries made during preceding periods under similar conditions when the meter was registering accurately. (f) Initial pipeline construction is to be completed by August 15, 1983. (g) The City shall hold the Owners harmless from any and all claims for damages arising from the City's use of the property whether such claims may be brought by the City's agents or employees or by any member of the public. 7. JOINT AGREEMENTS: All parties to this Agreement further agree as part of the consideration flowing to each to do the following: (a) City, by and through its employees, agents and representatives, has personally inspected the well field site and have conducted such tests as are necessary to satisfy City as to the availability, quality and quantity of water available, it being understood and agreed that Owners do not guarantee water availability, potability, quality or quantity and City is not relying upon any representations of warranties of Owners with regard thereto. The expense of any treatments or test necessary to obtain or maintain potability shall be borne by City. (b) City does not guarantee that at the expiration of this Agreement that there will be any underground water remaining on said property and there shall be no limitation upon the City with regard to the amount of water that may be pumped from any single well or any combination of wells during the term of this Agreement. (c) City shall be responsible for construction and maintenance of all power lines, roads and pipelines used to serve City facilities. City will restore to native grass all of the Owners' property damaged by construction or maintenance of City facilities except pipelines for the original ten (10) wells, which shall be reseeded by the Owners. 8. ENVIRONMENTAL AND HEALTH COMPLIANCE: Owners hereby agree to abide by Texas Department of Health regulations regarding land uses adjacent to municipal water supply wells. 9. OTHER PARTIES OF INTEREST: The following corporations, partnerships, and/or persons have an interest in all or a portion of the land subject to this Agreement: (a) Travelers Insurance Company (b) Clovis National Bank (c) First National Bankette Agri -Corp If for any reason other than lack of water available upon the land, Owners are unable to meet the requirements of this Agreement, then the persons hereinabove named who are signatory to this Agreement hereby agree to be bound by the terms of this Agreement and to honor this Agreement in accord with said terms and conditions. 10. AGREEMENT RUNNING WITH THE LAND: This Agreement between all parties signatory hereto shall be a condition and covenant running with the land described in Exhibit A and shall further constitute an equitable servitude thereon and shall bind Owners and Owners' heirs and successors in title to such land. Any further conveyance of the land described in Exhibit A hereto shall contain this covenant and equitable servitude. It is further agreed by all parties hereto that this condition, covenant and equitable servitude shall terminate upon the expiration of this Agreement according to its terms. 11. RIGHT TO ENTER AND OPERATE WELL FIELD: It is understood that the City may at any time after June 1, 1983, have full and exclusive rights of ingress and egress in, over, and on said lands so that the City may at any time and location drill water wells and tests wells on said lands for the purpose of investigating, exploring, producing, and getting access to underground water; together with the rights to string, lay, construct, and maintain water pipelines, powerlines, communication lines, air vents, blowoffs, surge structures, observation wells, access roads on and over said lands necessary or incidental to any of said operations, together with the right to erect housing for wells and associated equipment, meters and communications equipment, together with easements for the duration of this Agreement for all such purposes, together with the rights to use all that part of said lands necessary or incidental to the taking of ground water and the production, treating and transmission of water therefrom and delivery of said water to the existing reservoir of the City of Lubbock, and the City shall, within a reasonable time after conducting any construction or maintenance operations on said land, remove therefrom any trash, debris and other material or objects which clutter or detract from the usefulness of said lands to the Owners thereof. The City shall be responsible for damage to crops or grass caused by construction or maintenance of City's facilities. Compensation for such damages that cannot be restored shall be determined by the current fair market value of the crop or grass involved as demonstrated by current value of said crop or grass on adjacent undamaged areas of the Owners' property. The annual loss to the Owners caused by said crop or grass damage shall determine the time period over which such damage payments shall be made. Where the City constructs and uses roads across and through boundaryline fences, the City shall furnish and install gates equipped with locks, it being understood that locking gates on the outside fences shall in no way effect the right of entry, ingress and 1340 egress of authorized officers, employees, and contractors of the City engaged in the busineE of the City pertaining to the full enjoyments of water rights herein conveyed. Where the City constructs and uses new roads across and through fences within the boundaries of said land, the City shall, at the option of the Owners, furnish and install gates with fasteners but without locks. During construction City shall be allowed access to the leased property across other property owned by leased by City. EXECUTED THIS DAY OF 1982. OWNERS: CITY OF LUBBOCK: ARCHIE BAKER BILL McALISTER, MAYOR ATTEST: MILDRED BAKER Evelyn Gaffga, City Secretary - Treasurer KEITH BLAIR APPROVED AS TO CONTENT: DARLA BLAIR Sam Wahl, Director of Water ATTEST: Utilities APPROVED AS TO FORM: Witness Donald G. Vandiver, Asst. City Attorney OTHER PARTIES OF INTEREST TRAVELERS INSURANCE COMPANY CLOVIS NATIONAL BANK ATTEST: ATTEST: Secretary Secretary FIRST NATIONAL BANKETTE AGRI-CORP ATTEST: Secretary ACKNOWLEDGEMENTS STATE OF TEXAS § COUNTY OF LUBBOCK § 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 he acknowledged to me that he executed the same as the act and deed of the City of Lubbock for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this day of Notary Public in and for Lubbock County, Texas My Commission Expires: STATE OF COUNTY OF 1341 9�t County, . on this day personally appeared Archie Baker, known to me to be the person whose name is subscribed to the foregoing instrument and he acknowledged to me that he executed the same as his own act and deed for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this - day of 1982. Notary Public in and for County, My Commission Expires:_ STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public, in and for County, , on this day personally appeared Mildred Baker, known to me to be the person whose name is subscribed to the foregoing instrument and she acknowledged to me that she executed the same as her own act and need for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this day of 1982. Notary Public in and for County, My Commission Expires: STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public, in and for County, , on this day personally appeared Keith Blair, known to me to be the person whose name is subscribed to the foregoing instrument and he acknowledged to me that he executed the same as his own act and deed for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this day of 1982. Notary Public in and for County, My Commission Expires:_ STATE OF COUNTY OF BEFORE ME, the undersigned authority, a Notary Public, in and for County, , on this day personally appeared Darla Blair, known to me to be the person whose name is subscribed to the foregoing instrument and she acknowledged to me that she executed the same as her own act and need for the purposes and consideration therein expressed and in the capacity therein stated. 1982. GIVEN under my hand and seal of office this day of Notary Public in and for County, _ My Commission Expires:_ I STATE OF § COUNTY OF § DvvnDW My i-1— —el—o4n"ntl n,ii-lin-rill-W n NnfnrNT Piihlir in and fnr 1342 F1 County, , on this day personally appeared , known by me to be the of Travelers Insurance Company, a corporation, and he acknowledged to me that he executed the same as the act and deed of the Travelers Insurance Company for the purposes and consideration therein expressed and as the act of said Corporation. GIVEN under my hand and seal of office this day of 1982. Notary Public in and for County, My Commission Expires: STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public, in and for County, , on this day personally appeared , known by me to be the of Clovis National Bank, and he acknowledged to me that he executed the same as the act and deed of the Clovis National Bank for the purposes and consideration therein expressed and as the act of said Bank. GIVEN under my hand and seal of office this day of Notary Public in and for County, My Commission Expires: STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public, in and for County, , on this day personally appeared known by me to be the of First National Bankette Agri -Corp, and he acknowledged to me that he executed the same as the act and deed of the First National Bankette Agri -Corp for the purposes and consideration therein expressed and as the act of said Bank. GIVEN under my hand and seal of office this day of Notary Public in and for County, My Commission Expires: M Zone Case No. 2378 82-41A-1342-2062 -- -- ( 21 ) Request of Peter B. Durham (for Joe Stewart) to change a tract of land out of Section PUBLISHER'S AFFIDAVID 9, Block A, City of Lubbock, from R-1, to M-1 Zoning District, located at Amarillo Road and on pg. 1344 Bluefield Street. The Planning and Zoning Commission recommends this request be approved, subject to the condition that it be tied to a lumber yard and IDP development standards. In accordance with notice published in the Lubbock -Avalanche Journal on September 8, a public hearing was held on the above matter. Ordinance No. 8369 The proponent did not appear at the designated time and this Zone Case was tabled until a representative for him or some other disposition of the matter could be made. At 1:30 p.m., Lloyd Crosslin appeared on behalf of Mr. Durham to request that the tract be changed from R-1 to M-1 which is for an old, non- conforming use lumber yard. They had previously been approved for expansion by ZBA. This is a mixed development area which has little possibility for typical retail or residential development. Adjacent land uses are Bluefield Road (City limits on the North); Commercial and residential development on the South; I-27 and the Lubbock International Airport on the East; and R-1 residential on the West. Because of the proximity of this site to I-27 whirh -iG a raoinnnl nrtarinl 1343 MISM the proponent concurred. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance No. 8369 on first reading. Motion carried: 5 Yeas, 0 Nays. SMH/mck 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. 2378; CHANGE A TRACT w. OF LAND OUT OF SECTION 9, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO M-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41A-1343-2063 Zone Case NQ. 2383 22 Request of Tony LoCascio (for P. C. LoCascio) to change a tract of land out of Section 22, Publisher's Affidavit Block A, City of Lubbock, from R-1 to C-2 zoning district, located at Loop 289 and North on page 1344 Utica Avenue. The Planning and Zoning Commission recommends this request be approved, subject to the following condition: a. That R-2, A-1 and C-2 zoning be approved as per Development Plan No. 20-9-4. In accordance with notice published in the Lubbock -Avalanche Journal on September 8, a public hearing was held on the above matter. Ordinance No. 8367 The tract is a combination of R-1 single-family, C-2, R-2, and A-1 zoning. Adjacent land uses are a major thoroughfare and R-1 single-family on the North, Loop 289 on the South, R-l/Texas Tech property on the East, and A-2, A-1 and R-2 zoning on the West. The proponent's primary concern is commercial development and the Comprehensive Plan recommends commercial development at major thoroughfare intersections in 5-10 acre tracts. There is currently 13 acres of C-3 development on the Northwest corner of Quaker and Erskine and 17 acres of commercial zoning at the Southeast corner of Erskine and Loop 289. The Southwest corner of the intersection of Loop 289 and Quaker is owned by Texas Tech and on the Northeast corner there is a large playa lake. At the P and Z hearing, the discussion reflected some drainage considerations are needed and it was recommended that the development plan reduce the C-2 zoning to 11.88 acres; that any development on the commercial be by site plan approved by P and Z before building permits are issued. There being no opposition or further discussion, the hearing was closed. The motion was made by Councilman Aderton, seconded by Councilwoman Baker, to pass Ordinance No. 8367 on first reading, subject to the stated condition. Motion carried: 5 Yeas, 0 Nays. SMH/mck ORDINANCE NO. 8367 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. 2383; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41A-1343-2064 Zone Case No. 2384 23 Request of John B. White (for the Children's Home of Lubbock) to change a tract of Publisher's Affidavit land out of Section 25, Block A, City of Lubbock from T to A-2 zoning district, located on page 1344 south of the Idalou Highway and about 710' and 3870' east of Olive Avenue. The Planning and Zoning Commission recommends this request be approved. In accordance with notice published in Lubbock -Avalanche Journal on September 8, a public hearing was held on the above matter. Ordinance No. 8368 Proponent: Floyd Stumbaugh, on behalf of Children's Home of Lubbock This tract is currently zoned "T" (transition) for which all uses were non -conforming at the time of annexation. This tract was annexed into the City to provide water for the Lubbock Children's Home. Adjacent land uses are Idalou Road and T zoning on the North as well as T zoning on the South and East, and Idalou highway on the West. There are existing cottages and campus for the Children's Home presently in existence and would conform to the A-2 zoning request. 1344 SEP z3 1982 F� t L 82-41A-1344-2065 ( 38 ) *NOTE: School Property Identified Inventory filed w/Reso. Reso. 1219 rescinds Reso. dated (4/12/51) 7�1 The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 8368 on first reading. Motion carried: 5 Yeas, 0 Nays. SMH/mck ORDINANCE NO. 8368 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. 2384; CHANGE A TRACT OF LAND OUT OF SECTION 25, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T TO A-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1- 5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock County. ' personally appeared Twi I a Aufi I I + Account Manager of the Soutt pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening being by me duly sworn did depose and say that said newspaper has been published conti than fifty-two weeks prior to the first insertion of this Legal Notice-349 wor word-$104.70 No. 591636 at Lubbock County, Texas and tl ed copy of the Notice is a true copy of the onginal.and was print( Avalanche -.Journal on the following dates: September 8 1982 Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Z_ Subscribed and sworn to before me this 8th day of September 19 82 FORM 58-10 BONNIE Mt4(EE. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS MY COMMISSION EXPIRES NOV. w, 1984 Consider a resolution authorizing the Mayor to sign a Mutual Recision of Contract Lubbock Independent School District (see Resolution dated 4/21/51). Resolution No. 1219 Bement u4ith In April 21, 1951, the LISD and the City entered into agreement for the joint collection of City and school taxes. An additional provision of the contract shows equal ownership in equipment, furniture, typewriters and related matters. Presently, both the City and the school are currently under the jurisdiction of the Lubbock County Tax Appraisal District and are presently trying to properly dispose of the furniture and equipment which is being used by the Tax Appraisal District. That property which is not being used by the Appraisal District is needing to be divided equitably between the school and the City. The referenced contract was approved by the School Board at its September 16, 1982 meeting. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution No. 1219 rescending the agreement of April 21, 1951 with the LISD. Motion carried: 5 Yeas, 0 Nays. DGV:da RESOLUTION NO. 1219 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 Mutual Recision of Contract Agreement between the City of Lubbock and the Lubbock Independent School District, attached herewith which shall be spread upon the minutes of the Council and as 1345 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 23rd day of September ,1982. /S/ Bill McAliter BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Blagg Jim Blagg, Assistant City Manager APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney MUTUAL RECISION OF CONTRACT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This agreement entered into this day of , 1982, by and between the City of Lubbock, Texas, hereinafter called "City," and the Lubbock Independent School District, hereinafter called "District," WITNESSETH: WHEREAS, on the 14th day of June, 1951, the District and the City did enter into a contract whereby the City agreed to assess and collect taxes for the District; and, WHEREAS, both the City and the District have now contracted with the Lubbock County Appraisal District for the Lubbock County Appraisal District to provide all services necessary for the collection of the property taxes assessed by the City and the District; and, WHEREAS, there is no longer any need for the contract between the District and the City dated June 14, 1951, for the collection of taxes; and, WHEREAS, the City and the District are desirous of mutually rescinding such contract for the collection of taxes dated June 14, 1951; NOW THEREFORE, the parties hereto agree as follows: I. The City and the District hereby mutually agree that the written contract entered into between the City and the District on June 14, 1951, for the assessment and collection of taxes for the District, shall be, and is hereby, rescinded. II. It is hereby agreed by the City and by the District that the contract between these parties dated June 14, 1951, shall be mutually rescinded and terminated as of September 30, 1982, and that this mutual recision shall be effective as of such date. III. It is hereby agreed that the property owned and purchased pursuant to the contract between the City and the District dated June 14, 1951, shall be divided according to the ownership interest of each of the parties as shown in paragraph IV of that contract dated June 14, 1951. Executed this 23rd day of September 1982. CITY OF LUBBOCK /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Sec.-Treas. APPROVED AS TO CONTENT: LUBBOCK INDEPENDENT SCHOOL DISTRICT /S/ Monte Hasi PRESIDENT, BOARD OF TRUSTEES ATTEST: /S/ Jose S. Ramiez Secretary /S/ Jim Blagg Jim Blagg, Assistant City Manager APPROVED AS TO FORM: 1346 82-41A-1346-2066 ( 39 ) j*NOTE: Space Lease agreement filed w/original Reso. 82-41A-1346-2067 ( 39-A ) *NOTE: Grant Agreement w/Federal Aviation Adm. is file w/Original Reso. 17pgs. Consider a resolution authorizing the Mayor to execute a Space Lease Agreement with Briercroft 11 Savings and Loan Association for automatic teller machine at Lubbock International Airport. 11 Resolution No. 1220 Briercroft Savings and Loan Association has requested the installation and operation of an automatic teller machine in the terminal building previously occupied by Midwest Airlines. ,This space is comprised of 32 sq. feet on the main passenger level and is for a term of two years at the rate of $4,200 for the first year and $6,000 for the second year. There is no option beyond two years. The Airport Board approved the request that wanted a short term with no options since there has been very little experience in airports in this area. JMS/mck RESOLUTION NO. 1220 WHEREAS, BRIERCROFT SAVINGS AND LOAN ASSOCIATION has requested a space lease in the LUBBOCK INTERNATIONAL AIRPORT terminal building for the purpose of installing and operating an automatic teller machine; and WHEREAS, the Airport Board has considered said request and recommends this space lease to the City Council of the City of Lubbock for their consideration; and WHEREAS, the City Council finds that the granting of this space lease will serve the public interest; 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 space lease for space in the LUBBOCK INTERNATIONAL AIRPORT terminal building with BRIERCROFT SAVINGS AND LOAN ASSOCIATION, which lease, attached herewith, shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of September , 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Marvin Coffee Marvin Coffee, Director of Aviation /S/ Joan M. Sherwin Joan M. Sherwin, Assistant City Attorney Consider a resolution accepting grant agreement from FAA for Phase 2 of Resolution No. 1221 terminal ramp. The FAA has made a second grant offer for Project #6-48-0138-16 in the amount of $835,959 for the second phase of the expanded terminal ramp. This is a 90-10 participation project with the City`s 10 percent share of the project costs to be funded from the 1981 General Obligation Bond Sale. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution No. 1220 authorizing the Space Lease Agreement with Briercroft Savings and Loan and to pass Resolution No. 1221 accepting the grant agreement from FAA for Phase 2 of the terminal ramp expansion. Motion carried: 5 Yeas, 0 Nays. JMS/mck RESOLUTION NO. 1221 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 Grant Agreement between the City of Lubbock and the United States of America, acting through the Federal Aviation Administration for a grant in the amount of $835,959.00 for Phase II of expanded 1347 82-41A-1347-2068 ( 40 ) 82-41A-1347-2069,.. ( 41A) terminal ramp, a copy of which Grant Agreement, attached herewith, shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of Septebmer _, 1982. /S/Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Marvin Coffee Marvin Coffee, Director of Aviation /S/ Joan M. Sherwin Joan M. Sherwin, Assistant City Attorney Consider an ordinance adopting the newly revised Code of Ordinances. Ordinance No. 8371 The present Code of Ordinances was adopted in 1959. The contract was entered into in 1979 with Municipal Code Corporation for the recodification of the present Code. Subsequently, an editorial conference was held in Lubbock in May, 1980, with each division director conferring with the editor of the Code of the Corporation. An advanced copy of the revision was received on or about September 9, and is presently being reviewed in its final stages prior to the printing and distribution. Accompanying the original two -volume set will be Supplement #1 comprised of material from the cut-off day of April 23, 1982 to the present time. Receipt and distribution of the new code is anticipated by January of 1983. The project is being funded by Revenue/Sharing Funds. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 8371 on first reading. Motion carried: 5 Yeas, 0 Nays. DGV: j s ORDINANCE NO. 8371 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES FOR THE CITY OF LUBBOCK, TEXAS; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN OR SAVED FROM REPEAL; PROVIDING FOR THE MANNER OF AMENDING AND SUPPLEMENTING SUCH CODE; PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE; AND PROVIDING FOR PUBLICATION: Consider various resolutions related to City of Lubbock legislative program. Resolution No. 1222-A Le,aislation wherebv the Citv may Drovide utility service within the boundaries of the cit limits without the necessity of obtaining a Certificate of Necessity from the PUC. DGV:js RESOLUTION NO. 1222-A WHEREAS, the citizens of the City of Lubbock have owned and operated their own electric utility since 1916; and WHEREAS, certain aspects of the new Public Utility Regulatory Act, Vernon's Ann.Civ.St., art. 1446c, have heavily burdened the operation of such utility on behalf of the citizens of the City of Lubbock; and WHEREAS, said Public Utility Regulatory Act because of its certification requirements long delays expansion into newly annexed areas of the City of Lubbock by Lubbock Power and Light and Water; and WHEREAS, such delays prevent some citizens from having the same utility service as other citizens enjoy; and WHEREAS, such delays cause unnecessary expense due to the fact that it would be more economical to install underground alley service at the same time lines to serve street lights and traffic signals and other City facilities are installed; and 1348 service to newly developing areas; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby gives its support to legislation amending the Public Utility Regulatory Act to provide that City owned and operated utilities may provide service anywhere within the boundaries of the municipality without the necessity of obtaining a Certificate from the Public Utilities Commission; and THAT the City Council of the City of Lubbock believes such amendment to the Public Utilities Regulatory Act will serve to promote competition in those areas in which competition still exists; and THAT the City Council of the City of Lubbock believes such amendment will be in the best interest of the citizens of the City of Lubbock and the citizens of all citys owning and operating their own utilities. Passed by the City Council this 23rd day of September , 1982. /S/ Bill McAlsiter BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: APPROVED AS TO FORM: ISI Jim Blagg ISI Donald G. Vandiver Jim Blagg, Assistant City Manager Donald G. Vandiver, Asst. City Attorney 82-41A-1348-2070 Resolution No. 1222-B ( 41B ) Public Utility Regulatory Act be amended to allow for rate hearings to be conducted in the affected area (regional or local). DGV: j s RESOLUTION NO. 1222-B WHEREAS, the citizens of the City of Lubbock have a vital and ongoing interest in the quality and cost of utility services provided within the City of Lubbock; and WHEREAS, the Public Utility Regulatory Act, Vernon's Ann.Civ.St., Art. 1446c, provides that public utility rate hearings shall be held in Austin, Texas, some 377 miles from Lubbock and even further from many other Texas towns and cities; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock and all other municipalities not located near Austin to encourage amendment of the Public Utility Regulatory Act to provide for local or regional rate hearings as few individuals can afford an expensive trip to Austin and a several day wait there before being able to testify; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby gives its support to legislation amending the Public Utility Regulatory Act to provide for rate hearings to be conducted by the Public Utilities Commission at or near the affected area within the State. Passed by the City Council this 91rd day of 1982. 'Rill MnAjjateT_ BILL McALISTER, MAYOR ATTEST: IS/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Tim Blagg Jim Blagg, Assistant City Manager IS/ Donald Vandiver Donald G. Vandiver, Asst. City Attorney 1349 SEp 23 19 82-41A-1349-2071 (41C) 82-41A-1349-2072 (41D) Resolution No. 1222-C Legislation supportive of the creation of municipal street improvement fund from revenues collected by the State from motor fuel and vehicle taxes. DGV: j s RESOLUTION NO. 1222-C WHEREAS, the burden of repair and maintenance of city streets is becoming progressively greater on the cities of this State; and WHEREAS, there exists no adequate means of financing such repairs and maintenance other than general tax revenue; and WHEREAS, the Texas Municipal League has proposed legislation creating a municipal street improvement fund from revenues currently collected by the State from motor fuel and vehicle taxes; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock and of all other municipalities that such fund be created and made available for such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby gives its support to legislation creating a municipal street improvement fund from revenues currently collected by the State from motor fuel and vehicle taxes. Passed by the City Council this 23rd day of September , 1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Blagg Jim Blagg, Assistant City Manager /S/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney Resolution No. 1222-D Legislation supporting specific guidelines for signature validation on petitions and initiatives. Mel= RESOLUTION NO. 1222D WHEREAS, many different state laws provide conflicting requirements with regard to signatures upon various petitions or initiatives for various purposes; and WHEREAS, such varied requirements provide much room for error in signature validation requirements for various petitions or initiatives; and WHEREAS, the City Council of the City of Lubbock believes it to be in the best interest of the citizens of the City of Lubbock and of the entire state to have such validation requirements made standard and placed in a single location, such as the state Election Code; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock believes that the right of citizens to petition their government is very important and that such matters should be as clear and concise as possible; and 1350 71 82-41A-1350--2073 (41E) THAT requirements for signature validation on all petitions and initiatives should be standardized and placed in a single location, such as the State Election Code; and THAT the City Council of the City of Lubbock hereby gives its support to legislation designed to accomplish such purpose. Passed by the City Council this 23rd day of September , 1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Blagg Jim Blagg, Assistant City Manager /S/ Donald Vandiver Donald G. Vandiver, Asst. City Attorney Resolution No. 1222-E Legislation repealing current legislation related to certified notices No. 1222-E to owners in replatting property procedures (repeals SB 767). a2m RESOLUTION NO. 1222-E err WHEREAS, Section 5 of Vernon's Ann.Civ.St., Art. 974a, was amended in 1981 to require public hearings and certified notices to property owners in certain cases of replatting property, which process is time consuming, expensive and duplicates what already is required for zoning changes on the same property; and WHEREAS, such amendment will add as much as $300.00 to $1,000.00 to the cost of such replatting cases, which amount will be passed on to the consumer; and WHEREAS, the City,Council of the City of Lubbock believes that said amendment to Section 5 of Article 974a does not accomplish its intended purpose and is redundant of the zoning laws; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby gives its support to legislation repealing the amendment to Section 5 of Vernon's Ann.Civ.St., Art. 974a, enacted in 1981 as Senate Bill 767. Passed by the City Council this 23rd day of 1982. ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Jim Blagg Jim Blagg, Assistant City Manager APPROVED AS TO FORM: ISI Donald Vandiver Donald G. Vandiver, Asst. City Attorney qj Bill McAlister BILL McALISTER, MAYOR 82-41A-1350-3)74 Resolution No. 1222-F (41F) Legislation repealing current legislation requiring an additional public hearing on matters I _.0 ___ __ --A -I- - - ____Z - - -1 __ 4 - I_. -A..-.. ___ __ .3 ____ /__ __ ­1 - TTn 1 n C ON 1 1351 DGV: j s RESOLUTION NO. 1222-F WHEREAS, Section 10 of Vernon's Ann.Civ.St., Art. 970a, was amended in 1981 to require an additional public hearing prior to annexation and the execution of a contract for services with the residents of the newly annexed area; and WHEREAS, such amendment has added an additional four month time requirement to an already lengthy process; and WHEREAS, such amendment removes from the affected city any ability to avoid capital costs when an area does not develop as planned; and WHEREAS, the City Council of the City of Lubbock believes that said amendment of Section 10 is overly burdensome and will require the expenditure of thousands of dollars in additional staff preparation time; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby gives its support to legislation repealing the amendment to Section 10 of Vernon's Ann.Civ.St., Art. 970a, enacted in 1981 as House Bill 1952. Passed by the City Council this ATTEST: 23rd day of September , 1982. /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Blagg Jim Blagg, Assistant City Manager APPROVED AS TO FORM: ISI Donald Vandiver Donald G. Vandiver, Asst. City Attorney /S/ Bill McAlister BILL McALISTER, MAYOR 82-41A-1351-2075 Resolution No. 1222-G (41G) Legislation opposing anti-trust legislation removing cities' immunity to anti- trust liability. DGV: j s RESOLUTION NO. 1222-G WHEREAS, the recent Supreme Court decision in Community Communications Co. Inc. v. City of Boulder exposes cities to potential anti-trust liability in any situation where the particular governmental activity has not been specifically authorized by state statute; and WHEREAS, the Constitution of the State of Texas has provided since the adoption of the Home Rule Amendment early this century that home rule cities in Texas may take any action not prohibited by State law or the Constitution; and WHEREAS, much city government activity requires the regulation of business and occupations directly and indirectly to ensure the health, safety and welfare of a city's citizens; and WHEREAS, the Supreme Court's decision in Boulder may render Art. 11, Sec. 5, of the Constitution ineffective; and WHEREAS, the City Council of the City of Lubbock believes it would be in the best interest of the citizens of the City of Lubbock and the citizens of all other Texas cities to support State legislation ratifying and enabling present municipal activities; and WHEREAS, any attempt to further limit city immunity from anti-trust claims by 1352 MMEMM-1 amending present State anti-trust law should not be supported in any way; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby supports legislation designed to give detail ratification and enablement of present municipal regulatory activities in accordance with the U.S. Supreme Court decision in Comunity Communications Co., Inc. v. City of Boulder ; and. THAT any attempt to pass legislation further limiting municipal anti-trust legislation by amending present State anti-trust laws be and is hereby opposed. Passed by the City Council this 23rd day of September _, 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: APPROVED AS TO FORM: /S/ Jim Blagg /S/ Donald Vandiver Jim Blagg, Assistant City Manager Donald G. Vandiver, Asst. City Attorney 82-41A-1352-2076 Resolution No. 1222-H (41H) Legislation amending Civil Service Act (firemen and Policemen) related to the management of the respective departments DGV: j s RESOLUTION NO. 1222-H WHEREAS, there currently is a State-wide task force working on an amendment to Vernon's! i Ann.Civ.St., Art. 1269m, the Firemen's and Policemen's Civil Service Act; and WHEREAS, such amendments will result in improved management of such departments by improving local control of them; and WHEREAS, the City Council of the City of Lubbock believes that it would be in the best interest of the citizens of the City of Lubbock and other citizens residing in affect municipalities to amend the Firemen's and Policemen's Civil Service Act as stated below; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby gives its support to the amendments to Vernon's Ann.Civ.St., Art. 1269m, the Firemen's and Policemen's Civil Service Act, proposed by the aforementioned State-wide task force. Passed by the City Council this 23rd_ day of September 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT /S/ Jim Blagg Jim Blagg, Assistant City Manager APPROVED AS TO FORM: ISI Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney 1353 82-41A-1353-2077 Resolution No. 1222-1 (411) Legislation allowing cities over 50,000 population to provide for rapid transit services and the funding of same. 82-41-1353-2078 (41J) DGV: da RESOLUTION NO. 1222-1 WHEREAS, current Texas law allows cities of 325,000 or greater population to create rapid transit authorities and provides for the funding of mass transit services; and WHEREAS, there currently exists no parallel provision for cities of the size of the City of Lubbock; and WHEREAS, the City of Lubbock and other cities of similar size have a need for rapid transit services and the ability to fund such services by means of a statutorily authorized sales tax; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock and of other similar cities to adopt such legislation on a local option basis; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby gives its support to proposed legislation that would enable cities of 50,000 or more population to form rapid transit authorities and to fund such operations by means of a sales tax. Passed by the City Council this 23rd_ day of September , 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Jim Blagg Jim Blagg, Asst. City Manager APPROVED AS TO FORM: Isl Donald Vandiver Donald G. Vandiver, Asst. City Attorney Resolution No. 1222-J Legislation opposing/removing regulation of utility rates from local control. DGV: j s RESOLUTION NO. 1222-J WHEREAS, the ability to regulate gas and electric utility rates locally is a valuable perogative of local city councils which gives local citizens direct control over essential utility service costs and quality; and WHEREAS, the City Council of the City of Lubbock believes that local regulation of gas and electric utilities is in the best interest of the citizens of the City of Lubbock and the citizens of all other Texas municipalities; NOW THEREFORE: 1354 77 J 82-41A-1354-2079 (41JJ) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock is opposed to any attempt to remove original jurisdiction over gas and electric utility rates from local municipal control. Passed by the City Council this 23rd_ day of Septebember , 1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Blagg Jim Blagg, Assistant City Manager APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney Resolution No. 1222-JJ Legislation to ensure that original jurisdiction over gas and electric utility rates be retained by the local government. (Reso. Comm. of TML). DGV: j s RESOLUTION NO. 1222-JJ WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock and of the other cities of this State to seek the support of the Texas Municipal League with regard to certain matters requiring legislative action, and WHEREAS, such matters as are hereinafter set out are deemed by the City Council of the City of Lubbock to be of great importance to the citizens of the City of Lubbock and the citizens of all other cities of this State; and WHEREAS, the City Council of the City of Lubbock desires that the Resolutions Committ of the Texas Municipal League give the following matters consideration for action during the upcoming legislative session; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a concerted effort be made by the cities of this State to ensure that original jurisdiction over gas and electric utility rates is not removed from local City Councils that are responsible to the citizens and given to some board of appointed officials with no local knowledge or ties; and THAT the City Manager of the City of Lubbock or his staff is hereby authorized and directed to forward a copy of this Resolution to the Resolutions Committee of the Texas Municipal League. Passed by the City Council this 23rd day of September , 1982. ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Bill McAlister BILL McALISTER, MAYOR APPROVED AS TO FORM: /S/ Jim Blagg /S/ Donald G. Vandiver Jim Blagg, Assistant City Manager Donald G. Vandiver, Asst. City Attorney 1355 82-41A-1355-2080 (41GG) Resolution No. 1222-GG Legislation opposing anti-trust legislation removing cities' immunity to anti-trust liability_ (Reso. Comm. of TML). DGV:js RESOLUTION NO. 1222-GG WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock and of the other cities of this State to seek the support of the Texas Municipal League with regard to certain matters requiring legislative action, and WHEREAS, such matters as are hereinafter set out are deemed by the City Council of the City of Lubbock to be of great importance to the citizens of the City of Lubbock and the citizens of all other cities of this State; and j WHEREAS, the City Council of the City of Lubbock desires that the Resolutions Committee of the Texas Municipal League give the following matters consideration for action during the upcoming legislative session; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a concerted effort be made by the cities of this State to ensure that specific and detailed State Legislation is enacted authorizing and ratifying current municipal activities so as to avoid many potentially devastating anti-trust actions brought pursuant to the U.S. Supreme Court decision in Community Communications Co., Inc. v. City of Boulder, and to ensure that present municipal immunity under current State anti-trust laws is not removed; and THAT the City Manager of the City of Lubbock or his staff is hereby authorized and directed to forward a copy of this Resolution to the Resolutions Committee of the Texas Municipal League. Passed by the City Council this 23rd day of September , 1982. /S/ Bill McAlister BILL McALISTER, MAYOR - i ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Blagg Jim Blagg, Assistant City Manager /S/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney 82-41A-1355-2081 Resolution No. 1222-FF (41FF) Legislation opposing additional public hearing on matters of annexation and required service plan is burdensome and expensive (Reso. Comm. of TML). DGV:js RESOLUTION NO. 1222-FF WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock and of the other cities of this State to seek the support of the Texas Municipal League with regard to certain matters requiring legislative action, and WHEREAS, such matters as are hereinafter set out are deemed by the City Council of the City of Lubbock to be of great importance to the citizens of the City of Lubbock and the citizens of all other cities of this State; and WHEREAS, the City Council of the City of Lubbock desires that the Resolutions Committee of the Texas Municipal League give the following matters consideration for action during the upcoming legislative session; NOW THEREFORE: 1356 82-41A-1356-2082 (41EE) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a concerted effort be made by the cities of this State to repeal the amendment to Section 10 of Vernon's Ann.Civ.St., Art. 970a, passed in 1981 as House Bill 1952, as that amendment adds unnecessary and burdensome requirements for publication to an already lengthy process and requires cities to commit themselves to expensive improvements in newly annexed areas that may never develop as planned; and THAT the City Manager of the City of Lubbock or his staff is hereby authorized and directed to forward a copy of this Resolution to the Resolutions Committee of the Texas Municipal League. Passed by the City Council this 23rd_ day of September _, 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Blagg Jim Blagg, Assistant City Manager APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney Resolution No. 1222-EE Legislation repealing legislation requiring certified notices to property owners in replatting property procedures (Reso. Comm. of TML). DGV: j s RESOLUTION NO. 1222-EE WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock and of the other cities of this State to seek the support of the Texas Municipal League with regard to certain matters requiring legislative action, and WHEREAS, such matters as are hereinafter set out are deemed by the City Council of the City of Lubbock to be of great importance to the citizens of the City of Lubbock and the citizens of all other cities of this State; and WHEREAS, the City Council of the City of Lubbock desires that the Resolutions Committ of the Texas Municipal League give the following matters consideration for action during the upcoming legislative session; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a concerted effort be made by the cities of this State to repeal the amendment to Section 5 of Vernon's Ann.Civ.St., Art. 974a, passed in 1981 as Senate Bill 767, as that amendment duplicates existing zoning requirements with regard to public hearings and adds considerably to the cost of replatting, which cost ultimately is borne by the consumer; and THAT the City Manager of the City of Lubbock or his staff is hereby authorized and directed to forward a copy of this Resolution to the Resolutions Committee of the Texas Municipal League. Passed by the City Council this 93rd day of September , 1982. Evellm /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer Bill McAlister TIM. McALISTER, MAYOR APPROVED AS TO CONTENT: /S/ Jim Blagg T-;— R1 — 4­4cf-n"t- PitiT Mnnnao-r Donald G. Vandiver 1357 SEP 23 Age' 82-41A-1357-2083 Resolution No. 1222-AA (41AA) Legislation removing requirement of Certificate of Necessity from PUC of city - owned utility companies providing service within corporate city limits (Reso. Comm. of TML). DGV:js RESOLUTION NO. 1222-AA WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock and of the other cities of this State to seek the support of the Texas Municipal League with regard to certain matters requiring legislative action, and WHEREAS, such matters as are hereinafter set out are deemed by the City Council of the City of Lubbock to be of great importance to the citizens of the City of Lubbock and the citizens of all other cities of this State; and WHEREAS, the City Council of the City of Lubbock desires that the Resolutions Committee of the Texas Municipal League give the following matters consideration for action during the upcoming legislative session; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a concerted effort be made by the cities of this State to remove from Vernon's Ann.Civ-St., Art. 1446c, any requirement that city owned and operated utilities must obtain a Certificate from the Public Utilities Commission in order to extend service into newly annexed areas of a city; and THAT such amendment to the Public Utilities Regulatory Act will promote competition in those areas where it still exists and will be in the best interest of the citizens of the City of Lubbock and the citizens of other cities similarly situated throughout the State; and THAT the City Manager of the City of Lubbock or his staff is hereby authorized and directed to forward a copy of this Resolution to the Resolutions Committee of the Texas Municipal League. Passed by the City Council this 23rd day of September 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Blagg Jim Blagg, Assistant City Manager APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney The above referenced resolutions (Reso. 1222 A-J) shall be submitted before the Resolutions Committee of TML by September 23, 1982. The resolutions reflect the Council's position on these pending legislative matters. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Resolution Nos. 1222 A-J. Motion carried: 5 Yeas, 0 Nays. 82-41A-1357-2084 Consider a resolution adopting procedures and establishing rental policies for vacant (42) City property not in service. Resolution No. 1223 The Council was apprised that there is need to establish a uniform policy and procedures for the rental of City -owned property that is no longer being used for City purposes to be used in the interest of the citizenry in that all parties be treated equitably and the referenced resolution sets forth the terms and conditions under which the property will be rented to persons and/or organizations. The resolution requires the City Manager to file a certification with the City Secretary indicating that the property is no longer needed for City services and therefore elligible for lease or for rent. The City Manager will also determine a reasonable market rental value. The present leases will not be affected at the time these policies are adopted. The only exclusion will be the airport properties that are under a different facility. 1358 The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Resolution No. 1223 adopting the policies and procedures for rental of City -owned vacant property. Motion carried: 5 Yeas, 0 Nays. JCR: js RESOLUTION NO. 1223 A RESOLUTION ADOPTING PROCEDURES AND ESTABLISHING RENTAL POLICIES FOR VACANT CITY PROPERTY NOT IN SERVICE. WHEREAS, Art. 3, §52 of the Texas Constitution prohibits the lending of credit the thing by in or to or granting of public money or a of value municipalities aid of any individual, association or corporation, and FI WHEREAS, the City Council is required to adhere to the dictates of the aforementioned Constitutional section, and WHEREAS, the City Council of the City of Lubbock finds that it is desirable and necessary to establish uniform policies governing the leasing or rental of vacant City property not in service, and WHEREAS, the City Council of the City of Lubbock seeks to treat all persons, associations, organizations or corporations seeking to lease or rent said property in a fair and equitable and uniform manner, and WHEREAS, the City Council of the City of Lubbock finds that the adoption of a uniform policy governing the leasing or rental of vacant City property not in service is necessary to accomplish this purpose; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 1. THAT the primary purpose of all real property owned by the City of Lubbock is to accommodate the functions of government of the City. 2. THAT only when real property owned by the City is no longer needed to accomplish its primary purpose will said property beeligiblefor lease or rental as hereinafter set forth in this Resolution. 3. THAT before any property is considered eligible for lease or rental as hereinafter provided in this Resolution, the City Manager shall file a written certification with the City Secretary of the City of Lubbock indicating that the property is no longer needed for City services and is eligible for lease or rental under this Resolution. 4. THAT the City Manager shall, prior to filing his certification as set forth in the preceding paragraph, survey all departments or divisions of the City and make a determination as to whether or not any department or division of the City of Lubbock could utilize the real property in discharging its governmental functions. 5. THAT when any real property owned by the City of Lubbock has been certified by the City Manager to be vacant and property not needed in the service of the City, then and only then shall it be eligible for lease or rental in accordance with the following terms and conditions: a. All leases or rental agreements shall be in writing and on a form is approved by the City Attorney of the City of Lubbock. b. All leases or rental agreements shall provide for a reasonable and adequate consideration running to the City of Lubbock which consideration shall be determined as hereinafter set forth in this Resolution. ii C. All leases shall provide that they may be cancelled on thirty (30) days written notice given by the Lessor to the Lessee. d. All leases shall provide that the Lessee hold the City of Lubbock harmless from any and all claims or liability stemming from the operation of the lease. e. That any lease or rental agreement entered into under the terms of this Resolution shall further provide that the Lessee at its expense maintain at all times during the term of the lease public liability and property damage insurance with an insurance underwriter acceptable to the City and authorized to do business in the State of Texas. Such policy shall provide insurance in an amount satisfactory to the City and such policy shall name the City of Lubbock as an additional named insured as its interest may appear. Certificates of such insurance shall be filed with the City Secretary prior to entry on the premises by the Lessee. f. Any such lease or rental agreement shall provide that the Lessee will not be allowed to make any structural alterations to the leased premises without the written consent of the City. 9- Any lease or rental agreement entered into under the terms of this Resolution shall further contain any terms or conditions deemed necessary 1 by the City Attorney to protect the interest of the City of Lubbock. 1359- SEP 9,3 1982 h. That in determining the reasonable and adequate consideration which the City of Lubbock shall receive for all leases entered into under this Resolution, the City Manager shall be charged with the duty of determining the reasonable market rental of any property considered to be leased by the City under this Resolution. The procedure for making such determination shall be set forth in the Policy and Procedures Manual of the City of Lubbock. i. The terms of this Resolution shall not be applicable to any lease currently in force and in effect at the time of passage of this Resolution. However, the renewal of any such lease shall conform with the policy set forth in this Resolution. j. This Resolution shall not apply however to any properties owned, maintained, managed or operated by the City under the Municipal Airports Act as the activities covered by this Resolution are governed by state law with regard to such property and the City Council has heretofore given limited authority over the use of such property to the Airport Board at Sec. 3-17(b), Lubbock Code of Ordinances. Passed by the City Council this ATTEST: 23rd day of September , 1982. ISI Bill McAlister BILL McALISTER, MAYOR /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Bill Payne Bill Payne, Director of Administrative Services APPROVED AS TO FORM: ISI Joan M. Sherwin Joan M. Sherwin, Assistant City Attorney 82-41A-1359-2085 Consider an ordinance regulating coin -operated machines. 43 Ordinance No. 8372 At the 8:30 Work Session, Mr. O.V. Scott, Attorney for Mr. Bob Jordan, et. al. requested permission to address the Council. BY CONSENSUS, permission was granted. Mr. Scott presented an aerial view of the specific problem area in question -the Space Station on Salem Avenue and Brownfield Highway - adjacent to the Cactus Alley shopping center. The major complaint has been registered verbally to members of the Council by Don Osburn, owner of the properties located in the Cactus Alley shopping center. The aerial photograph reflected the areas of ingress and egress into the business in question which shows an access alley on the North. The major ingress into the area is through Cactus Alley property parking lot located on the front (East) entrance and the curb cuts to allow for two additional parking spaces in front of the Space Station was approved by the Planning Department and those entrances have been blocked to provide off-street parking. The response from the Council was varied: Councilman Brown expressed his feeling that here was a business center whose basic atmosphere is conducive to the small businesses, all of which had been in operation for a long time and they had been virtually run out of business; that Mr. Jordan operates a business that attracts a crowd that is hard to control; that the City is responsible to allow him to conduct his business without tromping on the rights of his neighbors whereby both he and his neighbors can persue their business interests without infringement or encroachment on each other's rights; that the cure for this situation is difficult to say the least, but must be kept from recurring elsewhere. Mr. Scott's response was that Mr. Jordan and his partners have tried and are continuing to try various methods for controlling the crowd; and by considering an ordinance seeking the solution of one problem area will penalize some thirty or forty-five businesses in operation throughout the city and such ordinance will be in noncompliance with the law under which these businesses were approved to operate; that the City staff approved the curb cuts being blocked for off-street parking; that Mr. Jordan has paid Mr. Osburn for the installation of signs regarding parking regulations they have secured the services of security guards for Friday, Saturday, and Sunday evenings as a means of traffic and crowd control; they continually monitor and police the areas of both their own property and that of their neighbors in order to clear the refuse; that to consider such an ordinance with proposed revocation procedures which is directed toward the operation of one location or one company is discriminatory, and while he does not intend in any manner to be threatening, it is subject to challenge if approved; that Mr. Osburn has not been present at any of the meetings or public hearings to express his displeasure or complaints for the official record and Mr- Scott n1ended with the Coiincll to work with Mr. Jordan and 'hi.-- n.-,.cznrintpc in 1360 4V SEA 1�13 k;82 I areas elsewhere in the City. At the regular session, the Council was apprised in sequential order by Mr. Rick Childers, Administrative Assistant, of the developments of the proposed ordinance which was originally drafted as a regulatory, revenue -producing provision. Subsequent to the first meeting with the owners and operators of coin -operated machines, followed by submission to the Council for discussion on August 12, 1982, there have been innumerable revisions from the original draft. Presented to the Council in their Agenda folders were two alternatives resulting from a meeting with the owners and operators on September 17, 1982: (1) In addition to the fees, licenses, and other regulatory procedures, over which there is no dissension, the added provision of one off-street parking space for every 50 square feet of gross floor area has been inserted with the additional provision that those businesses in effect on November 3 would be grandfathered, with the additional stipulation that there would be no structural alterations to the existing building nor change of ownership which would affect the grandfathered provision. (2) The other proposed ordinance is identical in the regulating of licenses and fees but does stipulate the parking provision for game rooms without grandfathering existing businesses; it does stipulate an appeal process through the License and Appeal Board in the event of noncompliance or in the event that a permit is denied. Mr. Childers apprised the Council that the operators preferred the ordinance stipulating the grandfather provision for existing businesses. Subsequent to the meeting with the operatbrs on September 17, there was an additional revision whereby verbage relating to the off-street parking requirements as stated previousl the grandfather clause for existing businesses as stated previously, and additional verbage regarding the revocation of the operator's permit in the event of conviciton of the operator for felony offense or revocation of the permit with the filing of three written complaints within a 30 day period on any place of business involving the misconduct on the business premises by business patrons; and further states an appeal process with the Permit and License Appeal Board. Mr. Childers reported that there are 34 gamerooms presentl in operation in the city limits of which only five (5) would qualify under the parking requirements without the grandfather clause. The discussion that ensued was primarily among members of the Council and their respective decisions, to -wit: Councilwoman Baker and Councilman Brown were not in favor of grandfather the existing businesses who certainly could not comply with the stipulated off-street parking requirement; that there was no "teeth" in the ordinance except to collect fees; and to remove the revocation provisions totally diluted the purpose of the ordinance from their point of view. Mayor McAlister and Mayor Pro Tem Henry were in favor of grandfatherin the existing businesses inasmuch as they went into business in C-4 locations as approved by the City and to now change the requirements which affected their business drastically was inequitable; that there was a crowd -and -traffic control problem that accompanies the industry (gameroom) which we need to be concerned about but to penalize existing businesses was not the solution inasmuch as there is only one problem area at the present time. Mr. Scott called to the attention of the Council one more time that the revocation from "three written complaints" was irresponsible on the Council's part inasmuch as no provision for "convictions" was made and to enact such an ordinance to control one problem area and to enforce such regulations against one businessman is discriminatory and unconstitutional. Councilman Aderton was not in favor of the revocation procedures as was Mayor Pro Tem Henry for the reason that written complaints is not a substantive basis for revoking a permit; that any businessman in this room has three enemies and it would not be difficult to log in three complaints by a competitor. Additionally, Councilman Aderton stated that a lot of the traffic control could be enforced by the Police and disgruntled neighbors could resolve these matters at the Courthouse, if they cannot be worked out between the parties within a reasonable period of time. The motion was made by Mayor Pro Tem Henry to approve the ordinance grandfathering those businesses in existence on November 1, 1982 exempting them from the off-street parking requirements as stated in the ordinance; providing for the revocation of the permit for non-payment of fees; and providing for the revocation of the permit for failure to comply with other requirements as stipulated in the ordinance; and that there will be no structural additions to existing buildings now in effect. The motion was seconded by Councilman Aderton. Extensive discussion resulted again among the Council members and a response from Mr. Scott was that they were legislating against one business and that the people involved in this one area should be allowed the opportunity to resolve their problems neighbor -to -neighbor. In order to allow an alternative to the revocation procedures, the lack of which met with disfavor by Councilwoman Baker and Councilman Brown, Mr. Scott offered the suggestion that a revocation of the permit based upon the conviction of three instances within a 30-day period involving misconduct of business patrons on business premises, said incidences being in violation of the penal ordinances of the City of Lubbock or the Penal Code of the State of Texas. The Mayor asked Mayor Pro Tem Henry if he would consider the amendment to his motion, to which he concurred; Councilman Aderton considered the amendment as well. The ballot was taken: 3 Yeas, Councilwoman Baker and Councilman Brown voting Nay. The Council recessed for lunch with the candidates for the 1983 Legislature to discuss proposed legislation for the 1983 session. ORDINANCE NO. 8372 AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "PUBLIC AMUSEMENTS", BY REPEALING SECTIONS 26-44 THROUGH 26-61 (BEING ARTICLES ENTITLED "COIN -OPERATED MACHINES" AND "BILLIARD AND POOL HALLS") AND IN ITS STEAD ADOPTING A NEW ARTICLE VI ENTITLED "COIN -OPERATED MACHINES"; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 1361 8 -41A-1361-2086 2 Hold a public hearing on the annexation of an area of land adjacent to the existing (26) corporate limits of the City of Lubbock, generally described as being from Bluefield Street and FM1294, from the landfill east to the Airport. Pub's Affidavid on pg. 1363 In accordance with notice published in the Lubbock -Avalanche Journal on September 11, 1982 a second public hearing was held on the above matter. (The first public hearing was held before the Planning and Zoning Commission on August 28, 1982 at the Conference Room at the Lubbock International Airport which is located on the proposed annexed tract.) After declaring the hearing to be open, the Mayor stated that the procedure to be followed would be that the staff would make their presentation providing background material, followed by testimony from the proponents, and concluded testimony from any opposition. Following all presentations, there will be opportunity for response and rebuttal as necessary. Mr. Jim Bertram, Director of Planning apprised the Council that the request originated from the Texas A&M Experiment Station located North of the Airport; that the procedure and processing of the request is in accordance with the long-standing policy of the City Council in accordance with Municipal Annexation Act, these policies being stated in detail as the prologue to the service plan on file with the City Secretary; that the first public hearing was held on site as mandated by the current state law on August 28, 1982 before the Planning and Zoning Commission; that the existing city policy that utilities cannot be extended to interested parties beyond the city limits necessitates a request for annexation; that the service plan as required by state law provides for a 60-day time period whereby the "soft" services - fire, police, code enforcement --is in effect followed by two and a half year capital improvements time - frame. Proponent: Dr. Gale Ott, Director Texas A&M Experimental Station Dr. Ott stated that a detailed request was filed on April 21, 1982 and the concern of the Experiment Station is for the future for the use of domestic water at the headquarters located North of the Lubbock Airport; that their headquarters is comprised of a co-op of several governmental agencies and there are approximately 120 employees on a regular basis, expanding to 180 employees throughout the summer; that the water is for consumption and domestic purposes; that there is in existence on their properties a sum of 5 wells in operation pumping regularly; that the consumption required by the operation at the Experiment Station is about 15,000 gallons per day; that they are currently irrigating some of their experimental tracts and that their anticipated future could lead to dry -land farming when the water supply is exhausted in approximately 3-5 years; the source of the water is granite pockets and on heavy consumption days, some of the wells "suck air", which leads them to give considerable thought to long range planning. Organizationally, Dr. Ott apprised the Council that the Experiment Station consists of two locations: The Lubbock Center, plus another center at Halfway, Texas, 14 miles west of Plainview; that their irrigated projects would come from the high plains system at Halfway, and the Lubbock center would develop dry land projects; that the Experiment Station will continue to function if water supply problems are encountered and the request is part of their 5-year and 10-year long range planning for all of the entities associated with the Experiment Station. Opponents: Ralph Brock, Attorney, on behalf of the property owners Jan Fouts, Attorney Fred Koetting, owner, Plains Builders Mrs. Ruth Rieken, property owner Mrs. Geraldine Crump, property owner Harold Pharr, property owner Mrs. David Hampton, owner, Panhandle Construction James Vickers, d/b/a Vickers Farm K. F. Thiel,, property owner Representative, Aerial Service and Aviator Operators Joe Davis, property owner Mr. Brock apprised the Council that on behalf of the property owners the question is whether or not they intend to annex the 7.22 square miles designated "area A" on the map prepared by the City staff, merely for the purpose of providing domestic water to the Experiment Station; that the property owners had no objection if the City wanted to furnish water to the Experiment Station, but they were not interested in being annexed; they had their own water wells; their own sewage and disposal systems, they were receiving the necessary services from the County related to law enforcement and other matters; that the property owners do not need a 4" pipe for domestic water and questioned the advisability of involving them in a request that currently reflects there is sufficient water for domestic and irrigation purposes at the present time; that the property owners were never contacted about being included in the proposed annexed area and only through public notice in the Lubbock Avalanche Journal which by happenstance was noticed by one of the property owners was it called to their attention; that there are 54 property owners involved and he questioned the lack of wisdom and courtesy on the part of the City in not communicating with these property owners individually. Mr. Brock further stated that from the property owners' point of view, which there are only 54, as compared to the population of the City currently estimated at 180,000, that is a .0003 percent in population growth; that under a general law city, this matter would be subject to the property owners' consent and would be voted upon thus serving as a check point for possible abuse under the general laws of the State of Texas; that the brunt of the expenses are services extended to the area will be borne by the property owners inasmuch as the Experimental Station is a tax exempt agency. Mayor McAlister responded to Mr. Brock there was no intent of the Council or 1362 F_ i presented pictures that he had taken of various properties along the I-27 which contradicts the staff's statement that the purpose of maintaining the I-27 entry into the City of Lubbock was to avoid a potential blighted areas; that the only "blighted" picture he presented was on City -owned property where the weeds were shoulder high; that all privately - owned properties, both residences, right-of-way, and the agricultural tracts were well maintained and the property owners took pride in their respective properties. Mrs. Rieken stated they were a long-time family, her father having the first store in this vicinity (Greenhi.11's Grocery) and their property consisted of a 160 acre tract and the financial obligations imposed on farmers during this recession was unreasonable inasmuch as the agency requesting the service is tax-exempt and would not share in the taxes or costs of services. Mrs. Crump, as well as others in the area, indicated that there was no need for annexation due to the fact that they received good services from the County Sheriff and other emergency services and that they as well as other property owners preferred to live outside the City into_the:country air and the advantages_ associated therewith. Several other of the property owners made the point that theirs was family -owned properties and had been on the land for generations and they felt it an encroachment to their personal rights to have this imposed upon them; that they had no objection to the Experimental Station receiving domestic water from the City if that is what is needed, but to impose this entire situation on the property owners was a violation of their personal and property rights. Mr. Fouts summed up the entire presentation by the opponents to the effect that the only one to benefit from the proposed annexation was the Experimental Station; that the property owners in Area A were definitely opposed to the annexation; that they would benefit very little from the related services as reflected in the service plan and that he personally questioned whether or not the revenues would justify such an annexation; that there had been no evidence presented by the City that there was a blighted area on the I-27 entry into the City and he questioned whether or not they were in total compliance with the Municipal Annexation Policy. He summed up the entire presentation asking the Council to examine their intent in considering this matter and to further more to consider the wishes of the people; to deny the annexation of Area A specifically and that the are in question does not meet the estated annexation policy as presented. The gentlemen representing the Aerial Services, or Aviation Operators, who are tenants of the City, said they would receive no additional benefits from the annexation area; they presently are paying $.04 per gallon for fuel purchased at the airport and to impose additional taxation on their operation would result in a mass exigence of the present tenants. One other appearance, Mrs. Joe Davis, Route 3, Box 2110, filed a petition with the Council for those who were not in the immediate proposed annexed area, but were adjacent thereto and felt that was possibly getting too close for comfort. Upon completion of all submission of testimony and rebuttal, the public hearing was closed at 2:45 p.m. Discussion by the members of the Council reflected that there was no real benefit to the property owners to annex the stated area; in fact, they did not want to be annexed; that there was no real benefit to be derived to the City inasmuch as the projected revenues would not justify the expenditures and Capital Improvements required; and according to Councilman Brown, we apparently "stirred up a hornet's nest for two buckets of water"; Councilwoman Baker was opposed to the annexation as presented and to annexing the Airport; and furthermore, it was felt that possibly the City policy on annexation and providing City services outside of city limits be reappraised for future consideration. BY CONSENSUS, the Council unanimously agreed to "forget about it"; to think a long time before changing the current policy about selling water and other services outside the city limits; but in deference to Mayor McAlister's request, the present policy could be reappraised - the pluses versus the minuses. County Sheriff and other emergency services and that they as well as other property owners preferred to live outside the City into the country air and the advantages associated therewith. (NOTE: At this time, Councilman M. J. "Bud" Aderton was not.present at the Council Meeting. He had excused himself from the meeting shortly before.2:00 p.m. due to a. prior committment.) 1363 SEP 23 1984 Item on Pg. 1361 THE STATE OF' TE',XAS 82-41A-1361— COUNTY OF' LUBBOCK 2086 Before me Bonnie McKee a personally appeared Twi I a Aufi I I v Ae pers Corporation, publishers of the Lubbock being by me duly sworn did depose and say that than fifty-two weeks prior to the first insertio $500.67 plus $5.67 art charge No. 59: ed copy of the Notice is Avalanche -Journal on the following dates: Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 26th d FORM 58.10 rmu! 82-41A-1363-2087 Consider Bid #6991 for materials for cooling tower (Elec. Prod.) (45) Low Bidder Phelps Engineering Co., Inc. Kentfield, California ($ 6,096.00) 82-41A-1363-2088 Consider Bid #6984 for traffic signal controller (Traffic Eng.) (46) Low Bidder Traffic and Transportation Supply, Inc. Ft. Worth, TX ($ 5,710.00) 82-41A-1363-2089 Consider Bid #6987 for mobile concession vehicle (Parks & Rec. Dept.). (47) Low Bidder BJB Sales and Manufacturing Lubbock, TX ($ 11,365.20) 82-41A-1363-2090 Consider Bid #6996 for weathermatic irrigation equipment (Parks & Rec. Dept.) (48) Low Bidder Weather—Matic Dallas, TX ($ 7,387.65) 82-41A-1363-2091 Consider Bid #6997 for Toro irrigation equipment (Parks & Rec. Dept.) (49) Low Bidder Wickham Supply Irving, TX ($ 7,357.69) 82-41A-1363-2092 Consider Bid #6998 for P.V.C. pipe and fitting (Parks & Rec. Dept.) (50) Low Bidder C&C Municipal Supply, Inc Lubbock, TX ($ 8,092.94) 82-41A-1363-2093 Consider Bid #7000 for Training Facility Expansion (Fire Dept.), and authorize same. (52) Resolution No. 1224 Low Bidder Hallmark Builders Lubbock, TX ($ 78,771.00) i J SEP 23 i96,Z 1364 82-41A-1364-2094 (53) 82-41A-1364-2095 (54) FJ DGV: cl RESOLUTION NO. 1224 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 Hallmark Builders of Lubbock, Inc., for construction of a new Fire Station and Expanded Training Facilities, 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 ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Tom loiter, Fire Chief APPROVED AS TO FORM: day of 1982. r %IA—RALISTER, MAYOR Donald G. Vandiver, Assistant City Attorney Director of Purchasing Floyd Nesbitt apprised the Council that all of the above bids were low bids and did meet specifications. The motion was made by Councilwoman Baker, seconded by Councilman Brown to award the above referenced bids to their respective low bidders and to pass Resolution No. 1224 authorizing contract between the Lubbock Fire Department and Hallmark Builders for Training Facility Expansion. Motion carried: 4 Yeas, 0 Nays. (Note: Councilman Aderton was absent from the Council Meeting at this time.) Consider appointments to the JUBILEE 75 COMMITTEE. Ms. Myrna Verner was unable to accept her appointment. Appointed: Blankenship, Maxine 3404 Manioca Rd (03) 7656926 (reassigned from general committee to Executive Committee) Chalk, Callie (Mrs. John) 2701 19th (10) 795-9365 (replaces Maxine Blankenship on general committee) Garland, Dr. Lloyd 3601 - 21st (10) 792-3232 2108 - Topeka (07) 795-9916 (fill appointment of Myrna Verner, who declined) Consider three appointments to the URBAN DESIGN COMMISSION. The terms of Ron Beard (Architecture), J. Wm. Davis —(History or Political Science ) and Linda McGowan (Sociolo�v/AnthroDoloRv). expire 9/14/82. Reappointed.. - Architecture Ron Beard History or Political Science J. Wm. Davis Sociology and Anthropology Linda McGowan 1923 - 23rd (10) 747-2315 2305 Avenue T (10) 744-2374 2830 - 23rd St. (10) 795-0504 2801 - 20th (10) 799-3554 1365 SEP 33 iJd2j The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the above appointments. Motion carried: 4 Yeas, 0 Nays. The Council recessed at approximately 3:45 p.m. for Executive Session and completion of the Work Session items. There being no further business, the motion was made by Councilwoman Baker, seconded by Councilman Brown to adjourn at 5:15 p.m. BILL McALISTER, MAYOR ATTEST: EVELYN GAtFGA, City S'6q#tary-Treasurer READ AND APPROVED THIS 14th day of October 1982. Of I I BILEALISTER, 'R&YOR' ATTEST: (SEAL) 'EVELYN GAFFdA, Cit-'�,0'6p*tary-Treasurer