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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/13/19831 '71 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JANUARY 13, 1983 At 8:35 a.m. Mayor McAlister announced that an Executive Session would be held concerning pending litigation and personnel matters. This 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, January 13, 1983, 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, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None 83-42-1-1 The invocation was given by Mayor Bill McAlister. (1) 83-42-1-2 The Pledge of Allegiance to the Flag was given in unison by those present (2) in the Council Chambers. 83-42-1-3 Approval of Minutes-- Regular Meeting, December 9, 1982. (3) Regular Meeting, December 16, 1982. The motion was made by Councilman Brown, seconded Mayor Pro Tem Henry to approve the minutes as submitted. Motion carried: 5 Yeas, 0 Nays. 83-42-1-4 Proclamations (4) "Jaycee Week" - January 17 - 21, 1983. Receiving: Edwin Schulz et al Mark Woods et al 83-42-1-5 "Lubbock LOIC Radio-Thon Week" - January 24-29, 1983 (5) Receiving: Bert McWilliams et al 83-42-1-6 Mr. Bill Armstrong, representing the Lubbock Cultural Affairs Council, (6) will appear to present the following items: a. Consider recommendations for awarding of art grants for the second period of 1982. Mr. Bill Armstrong appeared on behalf of the Lubbock Cultural Affairs — Council to present the recommendations for awarding the art grants for the second period of the grant year of 1982. On March 25, 1982 (Reso. 1057) the Council made the awards for the first period of the grant year. The sum for the entire year was $63,086.24, advanced to the Cultural Affairs Council for the encouragement, promotion, and improvement of all forms of art in the community. This sum is collected from one-half cent of the four cent hotel/motel tax for the 1981 fiscal year. The sum awarded for the first half of 1982 totaled $16,598.00. The following recommendations were presented for consideration and approval: Lubbock Civic Ballet $2,367.55 Performance by the Houston Ballet of "Cinderella" Summer Rep. Theater $10,000.00 Three musical plays for the summer of 1983 All Saints Episcopal School $1,700.00 All Saints Musical Outreach Program to students and gen. public of the neighborhood r West Texas Museum Association $10,000.00 Acquisition of a painting by Taos Founder Texas Tech Art Department $5,000.00 Publish a catalog for 10th annual Colorprint USA exhibition Two applications submitted but not recommended were the Southwest Center for German Studies and the Turkish oral narrative -- a 48-page handbook. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve the above referenced recommendations in the referenced sums. Motion carried: 5 Yeas, 0 Nays. b. Presentation of check for interest earnings to the City of Lubbock. The 1982 agreement with the Cultural Affairs Council provides that the $3,154.30 of the funds advanced by the City be put in an operating account for administrative costs. All other funds received by the Council should be placed in an interest - bearing account pending the dispersal to the grantees. A check in the amount of $2,521.79 was presented by Mr. Armstrong to the Council reflecting the interest earned on the monies awarded the grantees as referenced in 6a above. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to accept the check. Motion carried: 5 Yeas, 0 Nays. C. Consider a resolution authorizing the Mayor to sign an agreement with the Lubbock Cultural Affairs Council for an arts grant program for 1983. *Note: Copy of Agreement Resolution No. 1292 between City of Lubbock and Lubbock Cultural As referenced in 6a, a portion of the hotel/motel tax has been designated for the Affairs is filed with encouragement, promotion, and improvement of all forms of art in the community under original resolution contractual arrangement with the Lubbock Cultural Affairs Council. in City Secretary's office. The proposed agreement provides that the review committee for the Cultural Affairs Council would receive and evaluate applications for the art grants and make the recommendations to the Council. The 1983 agreement is identical to the 1982 agreement except the amounts of the money which provides for a total sum of $78,020.32 to be paid to the Cultural Affairs Council in three equal installments. The difference in the amount awarded is attributable to an increase in the hotel/motel taxes collected in the fiscal year of 1982. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution No. 1292 authorizing the 1983 agreement with the Lubbock Cultural Affairs Council for the arts grant program. Motion carried: 5 Yeas, 0 Nays. JS: cm RESOLUTION NO. 1292 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 an Agreement between the City of Lubbock and the Lubbock Cultural Affairs Council, which Agreement, 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 13th day of January 1983. Isl Bill McAlister ATTEST: BILL McALISTER, MAYOR Isl Evelyn Gaffga EVELYN GAFFGA, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Bob Cass Bob Cass, Assistant City Manager APPROVED AS TO FORM: /s/ Joan Sherwin Joan Sherwin, Assistant City Attorney JAI; 13 198 4y Y 83-42-3-7 Ordinance No. 8382 (7) An ordinance levying assessments for Paving improvements on Quaker Avenue from Loop 289 to 82nd Street. — y This is the third reading of Ordinance No. 8382. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 8382 on third and final reading. Motion carried: 5 Yeas, 0 Nays. JCR:da ORDINANCE NO. 8382 G.W.O. 11,591 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING STREET: QUAKER AVENUE FROM SOUTH LOOP 289 TO 82ND STREET, SUCH PORTION BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF, SAID PORTION OF SAID STREET BEING IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF, ALLOCATING FUNDS. 83-42-3-13 ' Consider the request of the Urban Renewal Agency for the development of a work order (13) , for the disposition of land in the Memorial Center Addition. C) M N\ At the time the Community Development was created in 1974, all of the land from the Urban Renewal Agency was transferred for CD administration. In 1978, there were seven parcels of land in the Memorial Center Addition, of which five have been sold. rt The two remaining parcels are described as Lots 2A, Blocks 7 and B and it is the recommendation of HUD that these parcels be sold as soon as possible and that the n project be completed. rr m N• 0 The Urban Renewal Agency requested a work order be approved totaling $10,503.00 (D cowhich included costs for the title policy and legal expenses, travel, broker's fees, o and advertising. It was the staff's recommendation that the work order cover the a N title policy ($907.00), legal costs ($1,140.00), and advertising for the two parcels at $240.00 each ($480.00), or a total of $2,500.00 be allowed to complete the sale o � �of the referenced parcels. m w o The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve the requested work order to Urban Renewal Agency for $2,500.00 for the disposition of two parcels in Memorial Center Addition. Motion carried: 5 Yeas, 0 Nays. 83-42-3-15 Consider a resolution accepting aving improvements for Lots 189-196. Whisperwood (15) Addition. Resolution No. 1293 ;a The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 1293 accepting the paving improvements referenced above. Motion carried: 5 Yeas, 0 Nays. JCR:da RESOLUTION NO. 1293 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF A STREET OR ALLEY AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Whisperwood Addition, Lots 189-196 made arrangements with Frank Limon for the construction of paving improvements on certain streets or alleys ' dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Whisperwood Addition, Lots 189-196 including the following: The alley return on the West side of Utica Avenue North of Whisperwood Boulevard � and paving the North -South and East-West alley from the West Property Line of Utica Avenue to the North Property Line of Whisperwood Boulevard known and designated as New Subdivision Sub -Unit Number 00 of Unit Number 2029. i AND WHEREAS, the construction of the above improvements on the abovementioned street or alley was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City Specifications and in accordance with the provisions of City Ordinance 1331. s s 4 THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned street or alley be and the same are hereby accepted and the City Engineer BE and he is hereby authorized to direct the payment of the City's Portion of the cost, if any. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13th DAY OF JANUARY, 1983. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney QUANTITIES Unit & Sub -Unit N.S. 2029-00 COST ESTIMATE 31.42 20.20 34.00 897.14 CONSOLIDATED FINAL ESTIMATE WHISPERWOOD ADDITION, LOTS 189 THRU 196 Accepted Jan. 13, 1983 S. Y. L. F. alley Location C & G ---------------------------------------------- Return Alley return on the W. side of Utica Avenue N. of whisperwood Blvd. and paving the N-S and E-W alley from the W.P.L. of Utica Avenue to the N.P.L. of Whisperwood Boulevard. 31.42 ------------------------------------ 20.20 ---------------- COST DISTRIBUTION Unit & Sub -Unit N.S. 2029-00 L. F. C & G Alley Removal Paving --------------------- 34.00 897.14 ------------------- L.F. Curb & Gutter S.Y. Alley Return L.F. C & G Removal S. Y. Alley Paving LUMP SUM CONTRACT COST $17,094.00 -------------------------------------------------------------- Contract Cost $17,094.00 Developer Cost $17,094.00 JAN 13 1983 s. I 5 83-42-5-16 Consider an ordinance to abandon and close street and alley portions in Block 14, C. (16) N. Hodges Addition. Ordinance No. 8390 This matter was discussed at the 8:30 a.m. Work Session and the request is made by Villa Olds, Inc. to abandon and close a portion of Block 14 in C. N. Hodges Addition. These portions of streets and alleys are of four separate tracts, located south of 54th Street and west of Avenue L and Villa Olds wishes to expand their facilities with a body shop, offices, and parking. The calculations by the Right -of -Way department are based on the guidelines in Resolution No. 972, previously passed by the Council. Previous development has left dead-end alleys and streets to where the land is butchered up and of very little resale value. The south alley to be closed will revert back to the public as a utility easement for public use and a portion of 56th Street will be dedicated back as a garbage collection easement. The proponent has made an offer of $8,000.00 for the streets and alleys. The proponent is not the original dedicator of the streets and alleys and therefore is required to purchase that portion to be closed. In light of the chopped up condition of this area, it is the recommendation of the staff that this is a valid offer and would bear consideration. At the regular session, the motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 8390 accepting the offer of Villa Olds of $8,000.00 and to ab&ndon and close the referenced street and alley portions in C. N. Hodges Addition, Block 14. Motion carried: 5 Yeas, 0 Nays. HW: da xm��* �-* W11 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF TWO STREETS AND TWO ALLEYS IN BLOCK 14, C.N. HODGES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 83-42-5-17 Consider an ordinance to abandon and close a portion of a street out of the NW/4 of (17) Section 8, Block B, Lubbock County. See Ord. 8402, 2/10/83 changing Ordinance No. 8391 a tract out of Sec. 8 from R-2 The Planning Department is the proponent requesting that a portion of the street east to C-4 of Chris Harwell School be closed inasmuch as it is no longer needed and does not give access to either 42nd Street or 40th Street. The Right -of -Way Department recommends that no charge be made to the Planning Department for this closure and the remainder of the street is not being closed inasmuch as there are several property owners adjacent to the street who do not desire to be involved. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance No. 8391 authorizing the referenced abandon and closing portion. Motion carried: 5 Yeas, 0 Nays. HW/mck ORDINANCE NO. 8391 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A PUBLIC STREET IN SECTION 8, BLOCK B, IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 83-42-5-18 Consider a resolution authorizing the Mayor to sign a right-of-way easement in favor (18) of the County of Lubbock. Resolution No. 1294 The Federal Aviation Administration is requiring the closure of a portion of Guava Avenue in order for the east -west runway of Lubbock International Airport be extended to the east. Because of this closure, the County has agreed to improve the County road (Stonehill Street) which runs east and west between Section 43, Block A, and Section 6, Block 3. The road improvement will allow access for the people who live in the area and for those who work in the air control tower. The County will pave the road with FAA funding and gradework with County funds; the City will furnish a portion of its land needed as right-of-way. The Airport Board recommends approval of this item. The motion was made by Councilman Brown, seconded by Councilwoman Baker, to pass Resolution No. 1294 authorizing the right-of-way easement referenced above. Motion carried: 5 Yeas, 0 Nays. HW: cl RESOLUTION No. 1294 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 Right -of -Way Easement in favor of the County of Lubbock, Texas, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of January 1983. /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: Isl Harold Willard Harold Willard, Assistant City Attorney RIGHT-OF-WAY EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT the CITY OF LUBBOCK , a Home Rule Municipal Corporation of Lubbock County, Texas, in consideration of the sum of TEN AND N01100 ($10.00) DOLLARS in hand paid by the County of Lubbock, Texas, receipt of which is hereby acknowledged, and other good and valuable consideration, including the benefits received by the City of Lubbock as a result of the Closing of a County road in order that an extension can be made to the east -west runway of Lubbock International Airport (which is owned and operated by the City of Lubbock), and the benefits received by the City of Lubbock as abutting property owner by the widening of the County road upon the right-of-way easement herein granted by the City of Lubbock unto the County of Lubbock, Texas, does by these presents grant, bargain, sell and convey unto the County of Lubbock, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following tracts of land in Lubbock County, Texas, owned by said City of Lubbock and being particularly described as follows, to -wit: TRACT 1 BEGINNING at the Northwest corner of Section 43, Block A, H.E.&W.T. R.R. Co. Survey, for the Northwest corner of this tract; THENCE East along the North line of Section 43, Block A, 5280.0 feet to the Northeast corner of Section 43, Block A, and the Northeast corner of this tract; THENCE South, 38.0 feet to a point in the South R.O.W. line of proposed Farm -to - Market Highway, for the Southeast corner of this tract; THENCE West along the proposed South R.O.W. line of Farm -to -Market Highway, 2280.0 feet to a point, for a corner of this tract; THENCE North 89'50'50" West along the proposed South R.O.W. line of Farm -to - Market Highway, 3000.0 feet to a point in the West line of Section 43, Block A, for the Southwest corner of this tract; THENCE North, 30.0 feet to the place of beginning. CONTAINING 4.331 acres. Less 2.424 acres now in County road. Net 1.907 acres • 83-42-7-19 (19) *Note: Agreement between West Texas Library System and City of Lubbock is filed with original resolution in City Secretary's office. TRACT 2 BEGINNING at the Southwest corner of Section 6, Block D-3, Lubbock County, Texas for the Southwest and beginning corner of this tract; THENCE North at 10.0 feet pass the proposed centerline of Farm -to -Market Highway, continuing for a total distance of 50.0 feet to a point for the Northwest corner of this tract; THENCE South 89050'50" East along proposed R.O.W. line of Farm -to -Market Highway, 2640.0 feet to a point, for the Northeast corner of this tract; THENCE South, 42.96 feet to a 2" iron rod the Southeast corner of the Southwest -14 of Section 6, Block D-3, for the Southeast corner of this tract; THENCE West, along the South line of Section 6, Block D-3, 2640.0 feet to the place of beginning. CONTAINING 2.817 acres. Less 1.212 acres now in County Road. Net 1.605 acres of new right-of-way. For the purpose of opening, constructing and maintaining a permanent road in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises for the purpose of making additions to, improvements on and repairs to the said road or any part thereof. It is specifically understood that the County of Lubbock, Texas, and its assigns shall be vested with the title to and the right to take and use, without additional compensation, any stone, earth, gravel, caliche or any other materials or minerals upon, in and under said land, except oil, gas and sulphur, for the construction and maintenance of the County Road System of Lubbock County, Texas. TO HAVE AND TO HOLD unto the said County of Lubbock as aforesaid for the purposes aforesaid the premises above described. WITNESS MY HAND this 13th THE STATE OF TEXAS COUNTY OF LUBBOCK day of January , 1983. BY: Isl Bill McAlister BILL McALISTER, MAYOR BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Bill McAlister, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY AND SEAL OF OFFICE this 14th day of January Isl Olivia R. Solis Notary Public, Lubbock County, Texas My Commission Expires: 11/30/85 Consider a resolution authorizing the Mayor to sign contract for a feasibility study providing automated services for the West Texas Library System. Resolution No. 1295 The West Texas Library System is a program funded by the Texas State Library utilizing state and federal funds to supplement public library services in a 20-county region of west Texas. There is need for an automated service feasibility study, budgeted for $8,500.00 which would include automatic library materials and circulation (check - in, check-out), automated inter -library loans between system members, automated control of book order by system members, and a replacement of the card catalog by computerized catalog accessible by terminals in the member libraries. A consultant 8 .4 JAN 13 1983 selection process was undertaken in late 1982 and the review committee considered three proposals, and recommend the proposal submitted by RMG Consultants, Inc. The study is scheduled to be completed by May 1, 1983. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution No. 1295 authorizing the contract with RMG Consultants, Inc. for a feasibility study of the West Texas Library System at a sum of $8,500.00. Motion carried: 5 Yeas, 0 Nays. JS:cm RESOLUTION No. 1295 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 RMG Consultants, Inc., and West Texas Library Systems acting by and through the City of Lubbock for provision of consulting services in connection with a cost benefit analysis and feasibility study for the provision of automated library services to member libraries of the West Texas Library System, which contract, 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 13th day of January 11 1983. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Lawrence Banks Lawrence Banks, Administrative Assistant, Community Facilities APPROVED AS TO FORM: /s/ Joan Sherwin Joan Sherwin, Assistant City Attorney January 7, 1983 Mr. Jim Scheppke, Coordinator West Texas Library System 1306 9th Street Lubbock, Texas 79401 Dear Mr. Scheppke: Pursuant to your request that RMG Consultants, Inc., hereinafter called "RMG", amend its Proposal for Consulting Services to West Texas Library System, dated November 1982, hereinafter called "Proposal". RMG by this letter submits new pages thirteen through twenty-two (13 through 22) entitled "Table 2-1 RMG's Tasklist." "2.3 Documents to be Produced", and "2.4 on -Site Visits" and twenty-seven (27) entitled "RMG Staff Loading." You are hereby authorized to remove the former pages thirteen through twenty- two and page twenty-seven, and insert into the Proposal the pages transmitted to you by this letter. This substitution is made in order that the time schedules for the performance of services by RMG shall conform with the new schedule necessitated by delay in the execution of the Consulting Agreement. RMG also hereby withdraws the draft contract included in said Proposal as pages thirty and thirty-one. You are authorized to remove these pages from the Proposal document. The deletion of the contract will assure that any supplemental terms proposed therein are not incorporated by reference into the final contract documents which include said Proposal. The Proposal is further amended to conform the date upon which West Texas Library System shall receive the Final Report from April 1, 1983 to May 1, 1983, and "3.2 Payment Schedule" on page 28 which originally provided: At the end of January, February and March, 1983, RMG will submit an invoice for the allowable costs incurred during the previous month to the JAN 13 1983 I �4 At the end of February, March and April, 1983, RMG will submit an invoice for the allowable costs incurred during the previous month to the City of Lubbock. These invoices are to be payable promptly after their receipt. The projected dates of the initial visit shall be between 1 and 15 February, 1983 rather than the January dates referenced on pages three and seven of the Proposal. Submitted this 13th day of —.-..January 1983. Accepted this 13th ATTEST: RMG Consultants, Inc. BY: /s/ Rob McGee Rob McGee, President sl David E. Houle day of January , 1983. Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/Jim Scheppke Jim Scheppke, Coordinator West Texas Library System Isl Bob Cass Bob Cass, Assistant City Manager APPROVED AS TO FORM: Isl Joan Sherwin Joan Sherwin, Assistant City Attorney WEST TEXAS :OBRARU SUSTEMS BY: Isl Bill McAlister BILL McALISTER, MAYOR CITY OF LUBBOCK, TEXAS 83-42-9-20 Consider a resolution authorizing the Mayor to sign contract with Texas Tech University (20) Health Sciences Center for professional services. Resolution No. 1296 The Council was apprised of the details of this matter at the 8:30 a.m. Work Session which in essence provides for a public health Director for the City, utilizing the medical school staff at the Texas Tech University Health Sciences Center. The qualificatias:, for a City Health Director are highly specialized, and it would be beneficial for the City to utilize these qualified personnel affiliated with the medical school. The contract provides that the University will provide the City with a staff member to serve as the Public Health Director, subject to City approval, and in the event of dissatisfaction with the physician serving in this capacity, the University and the City will need to select another physician to serve; the physician is to perform those duties specified for the Public Health Director under State Law, City Ordinance and Charter, and the individual will be responsible to the City Manager through the Assistant City Manager for Public Services and Safety (job description is attached to the documents on file in the office of the City Secretary); the physician is not an employee of the City and cannot bind the City to any contract; the City and the University will decide on a mutually satisfactory schedule for the individual who will have faculty responsibilities at the School of Medicine as well. The contract calls for payment in the sum of $2,523.00 per month, and the individual/physician will receive compensation from the School of Medicine simultaneously where he will be serving as a faculty member. The Health Board recommends this contract unanimously. ® 13 W3 At the regular session, the motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 1296 authorizing the contract between Texas Tech University Health Sciences Center for professional services of a faculty member to serve as Public Health Director. Motion carried: 5 Yeas, 0 Nays. RESOLUTION NO. 1296 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 to enter into an agreement with the Texas Tech University Health Sciences Center for the services of a medical doctor to serve as Public Health Director fo the City of Lubbock, 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 and the Texas Tech University Health Sciences Center for the services of a medical doctor to serve as Public Health Director for the City of Lubbock, which agreement is attached hereto and as attached hereto shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney day of January , 1983. Isl Bill McAlister BILL McALISTER, MAYOR THE STATE OF TEXAS § PROFESSIONAL SERVICES AGREEMENT COUNTY OF LUBBOCK § Pursuant to the formal Affiliation Agreement between Texas Tech University Health Sciences Center and the City of Lubbock, which agreement was consummated on the 14th day of September, 1978, Texas Tech University Health Sciences Center, hereinafter called "University" and the City of Lubbock, hereinafter called "City" do further agree as follows: T.7TTNTP Q Q VTTJ This agreement is made this 13th day of January _, 198 3 , by and between the University and the City upon the following terms and conditions and for and in consideration of the mutual covenants hereinafter expressed and this agreement is performable in Lubbock County, Texas. ARTICLE I SERVICES TO BE PERFORMED 1. The University, by and through its Health Sciences Center, hereby agrees to provide the City with a University staff member to serve as the Public Health Director for the City of Lubbock. Said staff member, hereinafter called "physician", shall be a medical doctor licensed and authorized to practice medicine in the State of Texas. The City shall have the right to approve the physician recommended by the University. In the event of dissatisfaction with the physician serving in such capacity, the University and the City agree to meet together and to select another physician to serve as Public Health Director. 2. The physician shall perform those duties specified for a Public Health Director and a City Health Officer by state law, including Vernon's Ann.Civ.St., art. 4425 and art. 4430, and those duties specified by City ordinance, City Charter and City job descriptions. 3. The physician shall not be an employee of the City and shall have no power to bind the City in any legal contract or in any other way without prior written consent of the City. 4. The University hereby agrees to make the physician available to perform the duties of a Public Health Director upon a schedule to be mutually agreed upon by the University and the City. In the event of a medical emergency requiring City Health JAN 13 1963 F'l Department action, the physician shall give first priority to such medical emergency. If such physician should for any reason be unavailable during such emergency, the University will make another qualified medical doctor available to perform such services during the emergency. 5. The Vice President for the Health Sciences Center, or his designee, shall be considered the University's liaison with the City in any matters pertaining to this contract. The Assistant City Manager for Public Safety and Services shall be considered to be the City's liaison with the University in any matters pertaining to this contract. Al?'PT('TL' TT CONTRACT AMOUNT The City will render payment to the University for the services herein provided for in an amount of $2,494.00 each month upon receipt of a proper billing statement provided to the City by the University. Such amount will be computed as the pro rata amount of the physician's salary plus fringe benefits attributable to performance of duties for City. Said amount may be renegotiated by the above named liaisons upon any extension of this agreement. APTT('TP TTT PROFESSIONAL LIABILITY INSURANCE The University shall provide professional liability insurance coverage for the physician while he is performing duties as the Public Health Director. APTTOT T. TIT TERM OF CONTRACT This contract shall commence upon the 13th day of January , 198 3 and shall continue in effect until August 3_1,1983, unless it shall be continued in successive one year terms thereafter by mutual consent of the parties. Termination of this agreement may be had by either party giving the other party three months written notice of termination. THE UNDERSIGNED CONTRACTING PARTIES hereby bind themselves to the faithful performance of this agreement. TEXAS TECH UNIVERSITY HEALTH CITY OF LUBBOCK: SCIENCES CENTER: LAURO F. CAVAZOS, Ph.D. ATTEST: Secretary APPROVED AS TO FORM: Attorney GENERAL RESPONSIBILITIES Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Bob Cass Assistant City Manager APPROVED AS TO FORM: Isl Donald G. Vandiver Assistant City Attorney PUBLIC HEALTH DIRECTOR Under the broad administrative supervision of the Assistant City Manager for Public Services and Safety is responsible for planning, organizing and directing the operations of the City Health Department. Directs the enforcement of state and local health and sanitation laws. EXAMPLES OF WORK 1. Under the administrative direction of the Assistant City Manager for Public Services and Safety, develops health needs assessment plans, establishes a comprehensive preventive public health program responsive to current needs of the community and sets performance goals and objectives for various programs which shall include at a minimum, programs in the following areas: A. Communicable disease control. B. Preventive health clinics in a variety of areas as needed in response to community needs. C. Health education and information. D. Compilation and interpretation of vital statistics. E. Inspection of potential epidemiological disease -producing functions. F. Vector control. G. Laboratory services. H. Public health nursing services. 2. Under the administrative direction of the Assistant City Manager for Public Services and Safety, plans, organizes, directs and evaluates the work of key professional staff positions engaged in program development. 3. Under the administrative direction of the Assistant City Manager for Public Services and Safety, establishes departmental goals and priorities; directs the preparaiton of and reviews the annual budget and related financial reports; reviews capital improvement proposals and projects and makes recommendations to Assistant City Manager as necessary. 4. Works with state and local health agencies in establishing and coordinating complimentary non -primary health care services. 5. With Assistant City Manager, acts as a liaison to the Health Board; keeps the Health Board informed on matters concerning community public health; prepares staff recommendations on proposed changes in local health and sanitation laws. 6. Performs as a liaison with the professional medical community and the School of Medicine to provide medical supervision of clinical programs. 7. Performs positive public relations work through personal contacts and the media. 8. Acts as the City Health Officer. (See attachment). MINIMUM QUALIFICATIONS Licensed to practice medicine in Texas by the State Board of Medical Examiners. Special training in preventive medicine or public health, including certification by the American Board of Preventive Medicine. One year administrative experience in a tax -supported public health agency. DESIRED QUALIFICATIONS Licensed to practice medicine in Texas. Possession of a Master's Degree in Public Health from an accredited institution and certification by the American Board of Preventive Medicine. Five years experience in a public health agency, three of which were in an administrative capacity. CITY HEALTH OFFICER GENERAL RESPONSIBILITIES: The City Health Officer performs under the broad administrative supervision of the Assistant City Manager for Public Safety and Services and is responsible for enforcing state law and city ordinances related to public health and for establishing reasonable rules and regulations necessary to effectively protect the public health of the community. DUTIES: 1. Inspects or directs the inspection of various businesses, public places, and premises as required by city ordinance which includes: All places where food or drink for human consumption are manufactured, handled, sold or exposed for sale; The source, storage and distribution of water; Premises and "unsanitary matters: which are determined detrimental to the public health of the community: Business buildings and public places for pest infestations and other public health hazards as specified by city ordinance or state law. 2. Issues or directs the issuance of permits as specified by the city ordinance or state law. 3. Aids and assists the State Board of Health in all matters of quarantine, vital and mortuary statistics, inspections, disease prevention and suppression and sanitation within the City of Lubbock. Kfflngm 13 FJ 4. Keeps City administration informed of the presence of all contagious infections and dangerous epidemic diseases within the the City and subsequently reports such situations to the State Board of Health. 5. Aids the State Board of Health in the enforcement of proper rules, regulations and requirements in the enforcement of all sanitary laws, quarantine regulations and vital statistics collections. 6. May perform as the Public Health Director. 83-42-13-21_ Consider accepting the work done under contract for six submersible pumps and motors, (21) Sandhills Well Field, and authorize final payment to Contractor (Bid 6803, Reso 1104, *See Reso. 1104 5/13/82). 5/13/82 This item was held by Council. 83-42-13-22, Consider accepting the work done under contract for cleaning and painting six concrete (22) water reservoirs and one building, and authorizing final payment to contractor (Reso. *See Reso. 1208 .1208, 9/9/82). 9/9/82 The original contract was in the amount of $9,754.00; the final cost was $12,179.00 due to some change orders. The final payment due Protective Coating Specialists is $724.13. 83-42-13-23 Consider request of contractor for water terminal storage reservoir to reduce retainage (23) (Reso 923, 9/24/81). *See Reso. 923 9/24/81 The reservoir itself has been completed and it is recommended by the engineers of the project (Freese & Nichols) that the retainage for items 3, 4, 6, and 8 of the original contract be reduced 5% (approx. $160,800.00) to retainage of $50,000.00 lump sum. The City will still hold 5% of all other items plus the $50,000 lump sum until completion of the project which is anticipated to be in February of this year. The motion was made by Councilwoman Baker, seconded by Councilman Brown to accept the work completed related to the six concrete water reservoirs and the building referenced above; and to reduce the retainage to the contractor (Malvon Construction Co.) regarding the water terminal storage reservoir project. Motion carried: 5 Yeas, 0 Nays. 83-42-13-24 Consider amendment to Purchase and Sale Agreement with Carbon Dioxide Technology (24) Corporation, and authorize same (Reso. 611,.9/.25/80; Reso. 744, 3/12/81). :See Resos. 611, 744 *Note: Copy of second Resolution No. 1297 amendment to Purchase and Sale Agreement Carbon Dioxide Technology desires to purchase condesate water from LP&L, be allowed between CDT and City of to use the evaporation pond, and needs to provide sufficient insurance coverage for Lubbock on file w/ the plant, people, and the revenues in the event of damage. They need the condesate original resolution in water for their boiler makeup and the revenue from the sale of this water is estimated City Secretary's office. at $1500.00 per month. State regulations require that CDT dump waste water into a See Reso. 1310, confined area, thus the request to use the evaporation pond for this purpose. In the 1/27/83, authorizing event of a disaster, the staff felt that the coverage to be purchased by CDT should amendment to Sale be increased and the certificates of insurance will be filed with the contract. Agreement Director of Electric Utilities Caroll McDonald apprised the Council of terms of the agreement at the Work Session and incorporated in this matter are manufacturer's releases on major equipment which will be addressed at a later date. At the regular meeting, the motion was made by Councilman Aderton, seconded by Councilwoman` Baker to pass Resolution No. 1297 authorizing the amendment to the original contract allowing CDT to purchase condesate water, use the evaporation pond, and provide adequate insurance coverage in the event of disaster. Motion carried: 5 Yeas, 0 Nays. KJ: da RESOLUTION NO. 1297 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 Second Amendment to Purchase and Sale Agreement between Carbon Dioxide Technology Corp. and City of Lubbock attached 14 JAN 131993 herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of January ,1983. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Carroll McDonald Carroll McDonald, Director, Electric Utilities APPROVED AS TO FORM: Isl Ken Johnson Ken Johnson, Assistant City Attorney 83-42-14-25 Consider a resolution concerning the proposed amendments to the City Charter. (25) Resolution No. 1298 *See Sample Ballot Byrnie Bass, Chairman of the Concerned Taxpayers For Lubbock, appeared before the on page 16. Council to apprise them of the Resolution for their consideration, taking the Council and City's position regarding the passage of the three Charter Amendments to be submitted to the voters on Saturday, January 15. In essence, the amendments provide the following: Amendment 1 Freeze the tax rate at $1.12 Amendment 2 Provides for an assessed valuation of 60% of fair market value (current law allows for 100% of the assessed value of the fair market value under the Peveto Bill) Amendment 3 If approved, would require that the tax rate could not be increased without first submitting it to the voters. Mr. Bass indicated that the above amendments, if approved, are no -growth propositions and make no allowance for expansion, inflation, or personnel matters. He went on to state that for the record, the committee certainly agrees with the Lubbock Property Association's right to speak to this issue about which they feel very strongly regarding the increased taxes for the community and all citizens are concerned about this. However, while this purpose is well intended, the content of the proposals are "down -right lousy" and he urged all members of the community to vote AGAINST the three stated amendments. He introduced other members of the committee that were present in the chambers: Joe Horkey, Ethel McLoud, Charlie Pope, Bill Price, and Mr. Lopez. City Attorney John Ross stated that inasmuch as these were Charter Amendments, the Council and citizens need to be aware of the fact that state law prohibits speaking to this issue again, if passed, for a minimum of two years which would actually put the Council on a bi-annual budget process. Ruth Lauer, President of the League of Women Voters, also asked to make a public statement regarding the League's position on this matter, and read her statement into the record. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 1298 stating the Council's position regarding the Charter amendments to be considered at the election to be held on Saturday, January 15, 1983. Motion carried: 5 Yeas, 0 Nays. �II I JCR/mck RESOLUTION NO. 1299 WHEREAS, an election will be held on Saturday, January 15, 1983, to consider three amendments to the Lubbock City Charter, and WHEREAS, approval of amendment number one could result in higher cost of projects financed with tax -supported bonds, and WHEREAS, approval of amendment number two would put the City in direct conflict with state law, and WHEREAS, approval of amendment number three would provide for no growth in tax revenues to support expansion of services in a growing community and would delay construction of many projects already authorized by voters, and WHEREAS, approval of any of these amendments would result in legal and financial chaos for the citizens of Lubbock, and WHEREAS, the passage of any of the three proposed amendments would not be in the best interest of the citizens of the City of Lubbock, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock opposes the passage of all three amendments to the City Charter and urges all qualified voters of Lubbock to vote against all three amendments on Saturday, January 15, 1983. Passed by the City Council this 13th day of January 1 1983. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Manager for Financial Services APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney The League of Women Voters has supported during all of our 31-year history in Lubbock city services that are both equitable and adequate. Important city services include the City -County library, public transit system, city health department, Community Relation Department and parks and recreation. Because we promote the fiscal well-being of Lubbock and the quality of urban life, the League of Women Voters opposes all three of the Proposed Charter Amendments. We believe the passage of these amendments would have a harmful impact on city services so vital to the quality of life in Lubbock. The League therefore urges every citizen to vote Saturday, Jan. 15, and to vote "no" on all three Proposed Charter Amendments. Statement 1-13-83 Ruth Lauer, President 6 �^����� �� JAI; Sample Ballot from January 15, 1983 Election. OFFIC����No�N��N U�^�N IAL w���wr�m� ��m�mm�w°ON N2 �8�u��� U���� »����yx���Ky \ �v� � u~m�x�� v="«-x�����&~J CITY OFLUBBOCK (Ciudad de Lubbock) SPECIAL ELECTION /E/ecc/un Especial) January/5' 1983/enero 75' 1983) Place on"X" inthe square beside the statement indicating the way you wish to vote. (PonQm una 'X^ en e/ cuo6ro o/ 6a6o 6e /n frose que inufico AMENDMENT NO. l £yy/N/ENDA y0U/NE0O / Amending Chapter l' Article V' ofthe Charter 6yadding thereto o new Section 5which in^oread oafollows: LIMITATION DFTAX LEVY Section 5. The annual o6valorem taxes levied 6vthe governing authority of the City government shall no/ exceed the rate of $7.12 per $100.00 valuation oftaxable property. Capitulo/'AriculoKdel [odigoporoogregorvnonuevo 8ecckon5quelee comosigue: LVN/TAOONR4&4VNPONERVNPUESTD (Secc/on5. Los /mnpoesfos onnuo/es 6e +onhmpar c/en/o de/ valor quase /mponen par /o uutor/dodgo6ernu6o de/ Qo6/erno 6e /o Ciudad no 6oro ex/g/r e/ proporc/on 6e $7./2 por $/00.00 vo/uoc/on de /o prop/e6o6 /nnpues/o.) In F—� | | FOR (A FAVOR DE) 13 � ' | I ` AGAUNST(£yJCOVNTRA DE) 14 � ��EN���NTNC�. 2 ' � EN/N/ENDA yVU/NERO 2 Amending Chapter l' Article V' ofthe Charter 6vadding thereto o new Section bwhich is to read as follows: LIMITATION ONASSESSED VALUATION / Section6. The annual o6 valorem taxes levied 6vthe governing authority � of the City government shall not exceed 60 percent of the fair market '. value ofthe property ou the assessed valuation cfproperty subject to tax. � (Enm/en6pnJo [op//o/o 7' ,4,//cu/o \( del [o6igoporo ogreQorvno nuevo � 3ecc/on6qoelee coma s/Due:) � 1/A4/TAOONP4RAAK41UARLAW4LUAC/DN (Secc/on6. Los /,npoes+os onnua/es 6* fon+opor c/entodel valor quese /nnpooen par /o pufor/do6gu6erno6o de/go6/erno 6e /o Ciudad no 6oro ex/g/r 60 por c/eo/u 6e/ valor corr/ente Voe es /os/u 6e /o prnp/e6o6 � comoe/ovo/oor/avo/uoc/on de/ 6 6 6�// oprop/ aue o oo /mpues/o,) FOR (A FAVOR DE) 31 F—1 � | | AGAINST (EN CONTRA DE) 32 ` AMENDMENT NO. 3 E&kM8EMKDA/VUME0O 3 � Amending Chapter l' Article V. nfthe Charter 6y oJ6inQ thereto new � Section 7which iutoread osfollows: APPROVAL 8YVOTERS ONTAX INCREASE The annual o6 valorem taxes levied by the governing authority of the City government shall not be increased on the basis of on increase in the rate ofevaluation of ooxm6|e property nor on the assessed valuation of property subject to ,ox' from the preceding tax year, without firs/ securing approval of said increase at on election submitting said pro' � pooe6 increase bpthe voters of the City of Lubbock. Said increase, if any, requiring majority vote for its approval. � (Enm/en6nnJo[bo/h//o /' Arf/cwlo\( de/[odignponzoQregorunonuevo � Jecc/on7quelee comus/gue:) /\PRO8AC/(}NDEPARTEDEVOTANTESRAR4AV8xENTARVNPUE3T] (Los /mpueshzs onnuo/es de tontopar cienfo de/ valor que son /mpues/os � por /o ou/or/6o6 8o6ernodo 6e/ Qo6/*rno 6e /o [/u6o6 no horo ex/D/r � en e/ propos/hz de un oumen/o en e/ proporc/on 6e ovo/uoc/on 6e /o | | prop/e6o6 /mpvesho n/ /o vo/uoc/nn 6e nvo/uor 6e prop/edo6 su6d/ho o �-- /,npoes/o 6ey6a e/ ono /nnpuesho pnecen6ente' sin pr/mero segv,ondo opro6oc/onde6/c600umenhoenunoe/ecc/onsomef/en6o6/chooumenho propuesta o /as vofonfes 6e /o Ciudad 6e Lubbock. D/c6o ov'nen/o' � s/o/guno' ex/Q/en6o un vo/nmnayor/opo,psuopoo6pc/on.) F] FOR (A FAVOR DE) 51 N 13 IS83 FJ 83-42-17-26 Consider an ordinance revising the procedure related to claims filed against the (26) City. Ordinance No. 8392 At the 8:30 a.m. Work Session Assistant City Manager Massengale apprised the Council that in order to evaluate those claims eligible for settlement under the insurance policy, they needed to be under better control and the new procedures would allow this opportunity. The insurance agent will process all claims submitted to them by Legal following the appropriate investigation and is one of the services specified in the bid specs; the City then in turn will reimburse them for the amount paid or evaluate all claims, especially those that are under the deductible provision. Councilman Brown queried whether or not there was any coverage for those claims resulting from damage to an innocent bystander in situations primarily handled by Police and Fire Departments and questioned the governmental immunity used in most all cases. Councilman Henry indicated there was available some coverage which would not affect the liability or show negligence on the part of the City, but which would fall in this category usually resulting from small claims. However, the premium was quite high and it might not be cost-effective to secure that type of coverage, but the staff should look into it to see what type of possibilities there are. City Attorney Ross indicated that he has an ethical responsibility to present all the immunity provisions available to the Council as a governing body and the insurance company looks at these provisions very carefully. At the regular session, the motion was made by Councilman Browd, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8392 on first reading, revising the procedures for claims filed against the City. Motion carried: 5 Yeas, 0 Nays. JWF/mck ORDINANCE NO. 8392 AN ORDINANCE AMENDING SECTIONS 2-35 AND 2-37 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK SO AS TO REVISE PROCEDURE RELATED TO CLAIMS FILED AGAINST THE CITY OF LUBBOCK AS SET FORTH IN THE BODY OF THIS ORDINANCE. 83-42-17-27 Consider an ordinance amending the regulations for massage business establishments. (27) Ordinance No. 8393 *Amends Ord. 7627 (3/9/78) concerning The purpose of this ordinance is to update the current fees for the massage business renewal date. permit as well as for the masseur's permit and to make the expiration date more compatible with the expiration dates for other permits, that being December 31 of each year. This is primarily a house -keeping procedure. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance No. 8393 amending the regulations for massage business establishments. Motion carried: 5 Yeas, 0 Nays. KJ:da ORDINANCE NO. 8393 AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED LICENSES AND BUSINESS REGULATIONS, BY AMENDING SECTION 14-215, PROVIDING THAT THE PERMIT FEE FOR A MASSAGE BUSINESS SHALL BE FIVE HUNDRED FIFTY DOLLARS ($550.00) PER YEAR AND PROVIDING THAT SUCH PERMIT SHALL BE RENEWED ON OR BEFORE DECEMBER THIRTY- FIRST (31st) OF EACH YEAR SUCH MASSAGE BUSINESS IS IN OPERATION AND PROVIDING THAT ALL MASSAGE BUSINESS PERMITS SHALL EXPIRE ON DECEMBER THIRTY-FIRST (31st) OF EACH YEAR, REGARDLESS OF WHEN PREVIOUSLY ISSUED AND PROVIDING THAT PERMIT FEES FOR MASSEURS SHALL BE ONE HUNDRED TEN DOLLARS ($110.00) AND SHALL EXPIRE ON DECEMBER THIRTY-FIRST (31st) OF EACH YEAR; THE PENALTY BEING SET FORTH IN SECTION 14-192 OF THE CODE OF ORDINANCES OF THE CITY OF UUBBOCK; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 83-42-17-29 Consider Bid #7155 for miscellaneous electric items (warehouse stock). (29) Items 1, 2, 3, Westinghouse Electric Supply Co. 4, 5, 6 Lubbock, TX ($5,251.32) Item 7 Temple, Inc. Lubbock, TX ($5,085.00) Item 8 Fields & Company Lubbock, TX ($11,780.00) 83-42-17-30 Consider Bid #7153 for folding tables (Civic Center). (30) Low Bidder Hesters Office Supply Lubbock, TX ($7,285.00) 18 JAN 13­ 1983 83-42-18-31 (31) 83-42-18-32 (32) 83-42-18-33 (33) 83-42-18-34 (34) 83-42-18-35 (35) Consider Bid #7166 for stage light dimming system (Civic Center). Low Bidder Texas Scenic Company San Antonio, TX ($14,285.00) Consider Bid #7167 for miscellaneous mower parts (Parks & Rec. Dept.). Low Bidder Colonial Motors Company Dallas, TX ($12,794.88) Consider Bid #7169 for tractor and backhoe (Cemetery). (Revenue Sharing). Low Bidder Case Power & Equipment Company Lubbock, TX ($30,255.00) Consider Bid #7144 for miscellaneous parts for packer units (Garage). Low Bidder Pak-Mor Manufacturing Company San Antonio, TX ($10,979.85) Consider Bid #7170 for the renovation of the Data Processing Center, and authorize same. Resolution No. 1299 The Council was apprised that the bid of Pharr & Pharr exceeded the amount budgeted by $28,660.00 which would be funded from additional allocations from Revenue Sharing. Director of Purchasing Floyd Nesbitt appeared before the Council to indicate all referenced bids were the low bids and met specifications. The motion was made by Councilwoman Baker, seconded by Councilman Brown to award Bid #7155, 7153, 7166, 7167, 7169, 7144; to approve Bid #7170 as stated, and to pass Resolution No. 1299 authorizing the contract with Pharr & Pharr Enterprises, and to approve the additional allocation of $28,660.00 from Revenue Sharing Funds. Motion carried: 5 Yeas, 0 Nays. SMH: d a RESOLUTION NO. 1299 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock having considered the bids for the Renovation of the New Data Processing Center deems that the best bid for said project is by Pharr and Pharr Enterprises in the amount of One Hundred Seven Thousand Six Hundred and Sixty Dollars ($107,660.00). 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 Pharr and Pharr Enterprises for the Renovation of the New Data Processing Center, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of January 1983. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Bob Green Bob Green, Director of M.I.S. APPROVED AS TO FORM: Isl Susan M. Horton Susan M. Horton, Assistant City Attorney C_ JAN 13 03 I MiM I CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 13th day of January.. , 1983 A.D., by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and throug Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and of the City of LUBBOCK . County of LUBBOCK and State of TEXAS , hereinafter termed CONTRACTOR. WITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: The general construction including mechanical and electrical for the Data Processing Center for the City of Lubbock, Texas. The work included shall be that as identified as bid items 1, 2, 3; and 4 in the drawing and specifications dated Dec. 13, 1982 including addendum 1 & 2, all as prepared by B.G.R., Inc. Architects and Engineers. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the 120 consecutive calendar days. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the contract documents in the sum of $ One hundred seven thousand six hundred sixty dollars ($107,660.00). IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Texas in the year and day first above written. ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Robert Green APPROVED AS TO FORM: sl Susan M. Horton ATTEST: Secretary CITY OF LUBBOCK, TEXAS Isl Bill McAlister Mayor CONTRACTOR BY: /s/ Jimmy R. Pharr TITLE: Partner COMPLETE ADDRESS: 907 N. Ave Drive Lubbock, Texas 79403 JANA 3 1983 83-42-20-8 Hold a public hearing on the application of El Ran, Inc. for an Oil and Gas Drilling (8) Permit designated King Unit #1. *Publisher's Affidavit In accordance with notice published on December 31, 1982, in the Lubbock Avalanche - located on page 26. Journal, a public hearing was held on the above matter. Proponent: Bill Rand, on behalf of El Ran, Inc. Mr. Rand was at a loss of what exactly to apprise the Council of, other than the fact that he identified himself as Bill Rand, with El Ran, Inc. and they wanted to drill a well there (pointing to the map). ACM Jim Bertram apprised the Council that the well was designated King #1 and ' that the well and storage site was to be placed on Lot 3, Block 2 or Riverlawn subdivision; that the well site is located 150' west of north Avenue B and 600' north of Queens street; that the appropriate insurance bonds had been received prior to the public hearing and were in accordance with the requirements of the ordinance; that no landscape is proposed for the well or the well site; that the area is sparsely settled as residential with indications of light industrial development for the future; that the proponent would use steel pits for the sludge/mud materials and that disposal would be at a site approved by the Railroad Commission; ingress/egress would be off of IH 27 and Tulane or IH27 to. north Ash Avenue to Tulane; there are three lots that are residential and one is occupied by a church and the remaining area is used by Pharr Trailer Sales and the El Dorado Motel. The short-term impacts would be the usual dust, traffic and noise associated with the drilling process for the three residences in the area. The long-term impacts are minimal and the proposed site has been designated as commercial on the 1990 proposed land -use plan; other developments in the immediate area are commercial or the land is vacant. The recommended permit conditions are: The permittee shall insure that the drilling contractor does set a first series of surface casing to a depth of 240' before proceding to a greater depth. No hydrocarbon lubricant (waste oil) shall be used to free up the hole until the first series of surface casing as stated above is completed. The permittee shall meet all other conditions of Section 19A of the Code and those specifications indicated in the application of El Ran, Inc. for King #1 well site. There being no opposition and no discussion, the hearing was closed at 10:08,a.m. 83-42-20-9 Consider approval of Oil and Gas Drilling Permit to El Ran, Inc. for well site designated (9) King Unit #1. *NOTE: Oil and Gas Drilling Permit recorded on The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve P. 20a the Oil and Gas Drilling Permit to El Ran, Inc. for a well site designated King #1 subject to the condition recommended by the staff and stated above. Motion carried: 5 Yeas, 0 Nays. 83-42-20-10 Hold a public hearing on the application of Texland Petroleum Inc. for an Oil and (10) Gas Drilling Permit designated Webb #3. *Publisher's Affidavit In accordance with notice published on December 31, 1982, in the Lubbock Avalanche - located on page 25. Journal, a public hearing was held on the above matter. Proponent: Dub Bratcher, attorney on behalf of Texland Petroleum, Inc. This matter was considered at the December 16, 1982 Council Meeting at which time the permit was denied. The proposed well site is on Lot 70 of Cresthill Addition which is at the northwest corner of University Avenue and Marlboro Street. The storage site is adjacent to an existing storage of Webb #1 on a tract of land 250' north of Purdue and 700' west of University. The production unit is unitized and contains 40 acres and the proponent in its application does not propose to use steel pits or landscape the site. Access to the well on Lot 70 would be from University Avenue; m. access to to storage site is from University onto Purdue to a dedicated alley west of University. The proposed well site is approximately 200' from three residential lots to the northwest, west, and south (Lots 45, 46, 69, and 71 being vacant in that same vicinity). Cresthill Addition contains 84 lots of which 38 are currently developed. JAN 13 1081 I I I OIL AND GAS DRILLING PERMIT K I N G N 0. 1 THE STATE OF TEXAS § KNOW ALL MEM BY THESE PRESENTS: COUNTY OF LUBBOCK § The City Council of the City of Lubbock, Texas, hereby approves and grants permission to El Ran, Inc for the drilling of an oil and gas well known as the King No. 1 to be located on the site and in the production unit indicated on the application attached hereto and made a part hereof by reference for all purposes. El Ran, Inc. hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this permit is issued contingent upon such compliance. Chapter 19A of the Code of Ordinances of the City of Lubbock is by reference incorporated herein for all purposes and shall have the same force and effect as if copied verbatim herein. This permit is granted for a period of one hundred and eighty(180) days from date of issuance and as long thereafter as the permittee is engaged in drilling operations with no cessations of such operatio for more than ninety (90) days, or oil or gas is produced in commercial quantities from the well drilled. If at any time after discovery of oil or gas the production thereof in commercial quantities shall cease, the permit shall not expire if the permittee commences additional reworking operations within one hundred and eighty (180) days thereafter, and if they result in the production of oil or gas, so long thereafter as oil or gas is produced in commercial quantities from such well. This permit is granted subject to the following conditions: 1. The permittee shall insure that the drilling contractor does set a first series of surface casii to a depth of 240 feet before proceeding to a greater depth. 2. No hydorcarbon lubricant (waste Oil) shall be used to free -up the hole until the first series of surface casing in Condition #1 is completed. 3. The permittee shall meet all other conditions of Section 19A of the Lubbock Code and those specifications indicated within the application of El, Ran Inc. for King NO. 1. The use of earthen slush pits as opposed to steel pits is hereby authorized as requested by El Ran, Inc., said earthen pits to be constructed in accordance with the requirements as outlined in Section 19A-13 of the Cide of Ordinances of the City of Lubbock, Texas The Well drilled pursuant to this permit shall not exceed a depth of 5,300 feet. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and well. GRANTED this 25th ATTEST: ISI Beth Arthur APPROVED AS TO CONTENT: day of January —, 1983. ISI J. B / by R. Henson Jim Bertram, Assistant City Manager /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney CITY OF LUBBOCK ISI Larry J. Cunningham Larry Cunningham, City Manager EL RAN, INC. S1 Robert R. Ranck 20b ti*Reduction of bond to $10,000 - APPROVED 1-12-84 W E B B N 0. 3 OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS KNOW ALL MEM BY THESE PRESENTS: COUNTY OF LUBBOCK The City Council of the City of Lubbock, Texas, hereby approves and grants permission to Texland Petroleum, Inc. for the drilling of an oil and gas well known as the Webb No. 3 to be located on the site and in the production unit indicated on the application attached hereto and made a part hereof by reference for all purposes. Texland Petroleum, Inc. hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this permit is issued contingent upon such compliance. Chapter 19A of the Code of Ordinances of the City of Lubbock is by reference incorporated herein for all purposes and shall have the same force and effect as if copied verbatim herein. This permit is granted for a period of one hundred and eighty (180) days from date of issuance and as long thereafter as the permittee is engaged in drilling operations with no cessations of such operations for more than ninety (90) days, or oil or gas is produced in commercial quantities from the well drilled. If at any time after discovery of oil or gas the production thereof in commercial quantities shall cease, the permit shall not expire if the permittee commences additional reworking operations within one hundred and eighty (180) days thereafter, and if they result in the production of oil or gas, so long thereafter as oil or gas is produced in commercial quantities from such well. This permit is granted subject to the following conditions: 1. No hydrocarbon lubricant (waste oil) shall be us.ed to free- up the hole during drilling until surface casing has been set to 400 feet. 2. The permittee shall require the contract driller to drill to a depth of 400 feet and set surface casing, before proceeding with the drilling operation. 3. The permittee shall require the contract driller to notify the Texas Railroad Commission (Lubbock office) of the intended dates for casing the Webb No. 3. The permittee shall provide the Oil and Gas Inspector official that all casing for the Webb No. 3 is in substantial compliance with Rule 13,of the Texas Railroad Commission. 4. The drilling operation shall utilize steel sludge/mud reserve pits. 5. Landscaping shall be required in accordance with Section 19A-6-(A) (8). The twenty foot opening for service shall be on the north side of the enclosures. 6. The permittee shall provide an exterior mercury or sodium vapor light within the fenced area at the well site. 7. The permittee shall provide for collection and storage of production from 0. A. Webb No. 3 in a separate tank battery, independent from all other producing wells. 8. The permittee shall meet all other conditions of Section 19A of the Lubbock Code and those specifications in the application of Texland Petroleum, Inc., for Webb No. 3. The Well drilled pursuant toithis permit shall not exceed a depth of 5,350 feet. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation this oil and gas well. GRANTED this 31st ATTEST: /S/ Susan Brooks Susan Brooks, Asst. Secretary APPROVED AS TO CONTENT: day of January , 1983. /S/ Jim Bertram Jim Bertram, Assistant City Manager APPROVED AS TO FORM: CITY OF LUBBOCK /S/ Larry J. Cunningham Larry Cunningham, City Manager TEXLAND PETROLEUM, INC. /S/ W. E. Rector W. E. Rector, Vice -President ISI Susan M. Horton Susan M. Horton, Assistant City Attorney CONTINUED FROM PAGE 20 4 JAN 13 1903 I I I The short-term impacts are dust, noise, and traffic generated from the drilling operations; placement of a producing well within a developed residential subdivision; and the potential exists of pollution of water in the private wells. The long-term impacts is that the well location is within a residential subdivision which is 45% developed and the negative impact would be that future residential growth within the subdivision would be nil. Appearances: J.W. Newsome, 2506 Newcomb Drive C. E. Harris Boyd Ramsey, 2503 Marlboro Drive (Lot 72) Dan Wikander (Lot 43) L. F. Brown, 2606 Marlboro Drive Ken Wilson, on behalf of the 0. A. Webb Estate Wayne Bailey The only dissident voice in the appearances above was " L. F. Brown,, who appeared on the 16th and repeated the same complaints as was expressed at the previous public hearing--i.e. prevailing gas odors detrimental to the market value of the remaining lots, the need for maintaining an electric log for all drilling operators and so forth. Mr. Ramsey expressed no objection with the exception of wanting proper landscap around the well site; Mr. Wikander again stipulated a separate storage tank for this particular well as well as a vapor light since the area was quite dark; Mr. Wilson indicated that on behalf of the estate which he represents, he did not feel that the remaining unimproved properties would be damaged by the drilling nor would it change the lifestyles of the residents now existing therein; Mr. Bailey was in favor of the permit and expressed more statements in opposition to Mr. Brown's position than anything else, which appeared to be a matter between neighbors. Following all the appearances, ACM ' Bertram apprised the Council that there was no new information from that on file and recorded in the minutes of December 16, 1982 other than the fact that they had received the communication from the Railroad Commission that there was not detrimental high chloride content in the private wells, two of which were tested and the report placed on file; the area is single-family residence and the invasion of industrial development would affect the market owner, but apparently those involved in the production unit were totally in favor of the permit, and therefore it would indicate there was no problem pending from this point of view. Mr. Bertram indicated that the following conditions were recommended for Council approval in the event they did approve the Oil and Gas Permit as requested by Texland: (1) No hydrocarbon lubricant (waste oil) shall be used to free up the hole during drilling until surface casing has been set to 400' (2) The permittee shall require the contract driller to drill to a depth of 400' and set surface casing before proceeding with the drilling operation. (3) The permittee shall require the contract driller to notify the Texas Railroad Commission (Lubbock office) of the intended dates for casing of Webb #3 and the applicant shall provide the Oil and Gas Inspector with a written statement from the responsible Railroad Commission official that all casing for Webb #3 is in substantial compliance with rule 13 of Texas Railroad Commission. (4) The drilling operation shall utilize steel sludge/mud reserve pits (5) Landscaping shall be required in accordance with Section 19A-4 utilizing plant material; the 20-foot opening for service shall be on the north side of the enclosures. (6) The permittee shall provide an exterior mercury or sodium vapor light within the fenced area at the well site. (7) The permittee shall provide for collection and storage of production from 0. A. Webb #3 in a separate tank battery independent from all other producing wells. (8) The permittee shall meet all other conditions of Section 19A of the Lubbock Code and those specifications indicated within the application of Texland Petroleum for Webb #3. There being no further discussion, the hearing was closed at 10:55 a.m. 2 q 83-42-22-11 Consider approval of Oil and Gas Drilling Permit to Texland Petroleum for well site (11) designated Webb #3.� *NOTE: Oil and Gas Drilling Permit recorded on The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve page 20b the Oil and Gas Drilling Permit requested by Texland Petroleum for Webb #3, subject to the conditions outlined above and recommended by the staff. Motion carried: 5 Yeas, 0 Nays. 83-42-22-28 Consider claim against the City. (28) #82-C-650 Glenn L. Boyd $145.00 Reimbursement for towing/storage charges The motion was made by Councilman Brown, seconded by Councilwoman Baker to DENY the above referenced claim. Motion carried: 5 Yeas, 0 Nays. 83-42-22-12 Hold the first public hearing for the 1983-84 Community Development Grant application. (12) ACM Bertram apprised the Council that under the guidelines for the CDBG application, * See page 22a for the requirements for citizen input may be expressed through neighborhood meetings, publisher's which four were held in October, 1982, and a questionnaire was distributed in September affidavit. of 1982 in water bills to all residents of the City, their response from the questionnaires indicating the top five priorities to be code enforcement, streets/ sidewalk improvement, traffic signal improvement, parks improvement, and street lighting improvement. Following the receipt and evaluation of the citizen input, then the suggestions are presented to the Community Development Advisory Committee (CDAC) for evaluation and prioritizing. Jim Douglas, Chairman of CDAC, appeared before the Council and reported time their recommendations were made, $2.9 million had been the original allocation and the recommendations are made based on that sum. However, been apprised by HUD that the total allocation will be in the amount of which will require further evaluation of the projects recommended. The are: Urban Renewal Agency $1,674,488 Paint -Up Program 25,000 Emergency Repair Program 25,000 Berry Park Improvements 17,167 Development -Overton South Park 81,000 Chatman Park -- Playground 19,000 Rogers Pool/Park Renovation 126,000 Mae Simmons Community Center Renov. 98,000 Mackenzie Tree Replacement 27,000 Street Paving --Area #3 38,940 Handicapped Park 50,000 Weatherization 44,000 Code Enforcement 199,405 Intensified Code Enforcement 95,000 CD Administration 110,000 Indirect Cost 125,000 Contingency - 9th Year 150,000 TOTAL $2,905,000 that at the projected the City has $2,706.00 CDAC recommendations Under the new regulations, HUD will no longer approve the projects prior to the expended funds; they will determine the eligibility of the local project approximately one year after the project has commenced and should the project be ineligible, the City will be required to reimburse the funds expended for that said project. Appearances: Debbie Martinez Harold Harrison Alice Moreno Joe Gonzalez Jessie Rodriguez Hoytt W. Rachels, Verda Smith Eunice Stephens Janie Martinez James Enger La Verne Enger Ray Goodard Jessie S. Castro Rev. Ben Picazo Rev. Leopold Mera, Willie Stewart Bobby Jo Moreno Debbie Delehanty Sr. Jr. The only name that is not on the list is Debbie Delehanty, who is advisor to the East Side Lubbock Neighborhood Association, a coalition comprised of the Posey Lakeside 22a: JAI; M3 r� 1 W1 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a personally appeared Twi I aAuf i 1 i i Ae, pers Corporation, publishers of the Lubbock being by me duly sworn did depose and say tI than fifty-two weeks prior to the first insert No. ed copy of the Notice Avalanche -Journal on the following dates: Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 3rl a MI# MOKLEE, iNOTARV pUaM FORM 58-10 IN A"D FOR TH[ STATE OF TEXAS MY 0"MISSION EXPIRES NOV- 10, 1984 'Ch JAN 13,1983 [I I the Berry Park Neighborhood Association. Miss Debbie Martinez spoke on behalf of the Arnett Benson area requesting the repair of the existing lighting system and expansion, if possible, so that the tennis courts and volleyball courts in Rogers Park could be used at night as well as to provide light for the parking lot adjacent to the Arnett Benson Community Center; she also indicated there was need for improved housing in that area and for the repair of Rogers swimming pool to include the air filters and sump pump and concrete; that the park is not programmed to be open in 1983 because these repairs are needed and it penalizes the young people and the entire neighborhood to fail to get it in working order for the summer months; other areas in the Rogers Park vicinity is needed to enhance their quality of life for the neighborhood in the summer activities. Janie Martinez also spoke on behalf of the Arnett Benson Neighborhood Committee and emphasized the need of rehabilitation of the housing in the 2700-2800 of Baylor of which there are some forty owner -occupied housings. This particular housing development is made through the Urban Renewal request for housing rehabilitation as did Josie Castro and Reverend Ben Picazo. Those speaking on behalf of the meeting room at the Senior Citizen's Center on 19th Street were Mr. Harrison, Eunice Stephens, James Enger and Raymond Goodard. There was a large delegation on behalf of the Berry Park Neighborhood Association, the major spokesman being Alice Moreno. The park had been dedicated for many many years and there had not been one effort made to improve it, even to the point of creating baseball diamonds or playground equipment or any of the basic equipment or facilities necessary for neighborhood use. The children are forced to play in the street and the area is an open field full of stickers and therefore unusable; there are 137 residences in the area, consisting of 368 people residing therein, and the area receives lots of activity and use, all of which is either in the street or on the school playground (Chris Harwell) if access is available. Her comments were supported by Hoytt Rachels, Reverend Leo Mera, Bobby Jo Moreno, and the entire delegation in the Council Chambers enthusiastically supported these requests. Mr. Joe Gonzalez, on behalf of the Posey Lakeside East Association (PLEA) requested the additional paving for some of their streets as well as the renovation of housing and other improvements for the east Lubbock residents and he also indicated that this first public hearing for the CD application would be more advantageous to the people if held on an evening inasmuch as most of the residents are gainfully employed, but are unable to take off without being penalized to attend and speak to these matters. His comments were supported equally by Jesse Rodriguez, who appreciated the support to date, but requested funds for additional clean-up and other improvements for all of the east Lubbock area. Verda Smith, President of the Black Chapter of AARP appealed to the group for improvements for all of east Lubbock, particularly the Thunderbird Addition for which there had been very little activity in recent years. Specifically, there is need for a training center in that area for 16-20 year olds for them to prepare themselves to make a living or some vocational training; that the only facility in that area at all is the Reuel Martin School and that the oncoming generation is not being adequately prepared to care for themselves. Willie Stewart had his unique request in behalf of the Yellowhouse Canyon Association -- "when is the ball going to get rolling on the water and sewer improvements?" This inquiry was referred to Water Utilities staff members which conferred with him privately following the public hearing. Also Mr. Stewart asked about why cable television can't go any further than the entrance to the Yellowhouse Canyon and the Mayor's response to that was that was out of the jurisdiction of the Council and he needed to pursue that with the cable folks. The last individual appearing at the public hearing was Debbie Delehanty, who serves as an advisor for the newly formed East Side Lubbock Neighborhood Association, a coalition comprised of PLEA, Yellowhouse Canyon, Area People United (APU), and Berry Park folks. This is a new organization for the purpose of organizing residents to take pride in their property, to appear before the City Council when appropriate, and to become interested in workings and the funding for the improvements to which they are entitled and asked the Council to consider all of the requests that had been presented at this time. There being no further appearances, the hearing was closed at 11:58 a.m. Before recessing for the noon luncheon, the Council was again apprised they were not to make any decisions at this time, a second public hearing to be held at a later date. However, Councilwoman Baker, before recessing, asked the staff to evaluate the effectiveness and costs of a rehabilitation housing program rather than a relocation program as requested by the Urban Renewal Agency inasmuch as the CDBG quota has been cut back to $2.7 million and to submit this information possibly by the next public hearing to be held at a later date. The meeting recessed at 12:00 noon for lunch, reconvening at 1:05 p.m.. 83-42-23-14 Consider setting a time and date for the second public hearing for the Community (14) Development Block Grant 9th Year application. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to hold the second public hearing on the CDBG Grant 9th Year application on February 10, 1983 at 2:00 p.m.. Motion carried: 5 Yeas, 0 Nays. 24 JAN 13-19183 Board Appointments 83-42-24-36 Consider three appointments to the BOARD OF ELECTRICAL EXAMINERS. The terms of Joe F. (36) Tarver, Jack Veasy and Troy Wray expired 12/31/82. Reappoint - Term - 1/13/83 - 12/31/85 TARVER, Joe F. 2315 - 60th (13) 799-3875 (Elec. Contractor) 1812 - 4th (01) 762-8715 VEASY, Jack 2820 - 67th (13) 792-7369 (journeyman) WRAY, Ms. Troy 1622 - 69th (12) 745-4037 (public) 83-42-24-37 Consider one appointment to the PLUMBING BOARD. The term of James E. Smith expired (37) 12/31/82. No recommendations have been made for appointment at this time. 83-42-24-38 Consider one appointment to the LUBBOCK HEALTH FACILITIES DEVELOPMENT CORPORATION to (38) fill the unexpired term of Leland Payne, who has resigned. New - fill unexpired term, ending 1/14/85 SPIKES, Sam 5502 - 65th (14) 796-0464 Security Park B-32 (08) 795-8521 83-42-24-39 Consider one appointment to the CIVIC CENTERS BOARD. Ms. Lou Conner was unable to (39) accept her appointment. New - appointment - term expiring 8/l/85 TAYLOR, Nita (Mrs. Walter J.) 4521 - 13th (16) 799-7260 83-42-24-40 Consider one appointment to the HOUSING AUTHORITY BOARD. The terms of Julian Simpson (40) and Jane W. Bacon expired 12/27/82. Reappoint - 2 years: 1/13/83 - 12/27/84 SIMPSON, Julian 2319 - 58th (12) Unlisted BACON, Jane W. (Mrs. Wm. L.) 6210 - Lynnhaven Dr. (13) 799-1243 83-42-24-41 Consider two appointments to the HOUSING STANDARDS COMMISSION. Mr. Byron Martin was (41) unable to accept his appointment. Term: 3 Years 1/13/83 12/19/85 MILLS, Tom 2506 45th (13) 799-8520 2506 48th (13) 795-9911 83-42-24-42 Consider two appointments to the CITY -COUNTY LIBRARY BOARD. The terms of Lou,Diekemper (42) and John R. Kreiger expired 12/31/82. — Reappoint: Term - 3 years 1/13/83 - 12/31/85 KREIGER, John R. 4616 - 8th (16) 797-9221 Pres, KSEL P. 0. Box 2639 (08) 747-2555 New appoint - Term 3 years 1/13/83 - 12/31/85 RATCLIFFE, Carolyn (Mrs. Ted) 18 Brentwood Cir (07) 799-4510 83-42-24-43 Consider one appointment to the CITY HEALTH BOARD to fill" the' unexpired term of Dr. (43) Ray Santos, who has resigned. New term: 1/13/83 - 2/21/86 DURAN, Dr. Armando 3502 - 63rd (13) Unlisted 810 - 13th (01) 763-0952 83-42-24-44 Consider one appointment to the JUBILEE 75 COMMITTEE (Executive Committee); Preston (44) Smith was unable to serve. New - Term - indefinite JAN 13 1983 Fj r 83-42-25-45 Consider three appointments to the SOUTH PLAINS TRAINING CONSORTIUM: two appointments 45 for Business and Industry, and one appointment for Eligible Youth. New - One year at a time Business & Industry: BROWN, Curtis 3608 - 76th (23) 793-8384 Rep - Levi Strauss PIERCE, Tim 6510 - 22nd (07) 797-4691 Lubbock Chamber of Commerce 763-4666 CETA Eligible Youth: Booker Thomas 2909 E. Bates (04) 763-1258 Estacado High School Student 83-42-25-46 Consider one appointment to the HUMAN RELATIONS COMMISSION, to fill the unexpired 46 term of James Minor, who has moved out of town; this term expires 5/25/84. New - term: 1/13/82 - 5/25/84 GIVENS, Octavia 1701 E. 26th (03) 762-2967 Realtor 820 Quirt (03) 763-8430 The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the above board appointments. Motion carried: 5 Yeas, 0 Nays. There being no further business to come before the Council, the motion was made by Councilwoman Baker, seconded by Councilman Brown to adjourn the meeting at 1:40 p.m.. Motion carried: 5 Yeas, 0 Nays. 26 ,jAN 13 W3 Publisher';s Affidavit for El Ran Inc. Oil well site King Unit #1. See page 20 for hearing. THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock C personally appeared Twi I a Aufi I I e Account Manager of tt pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, E� being by me duly sworn did depose and say that said newspaper has been publishE than fifty-two weeks prior to the first insertion of this _Lega I Notice-23� word-$69.90 No. 637001 at Lubbock County. Texa ed copy of the Notice is a true copy of the original and wa Avalanche -Journal on the following dates: December 317 1982. Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 3 rd day of January FORM 58-10 ATTEST: Evelyn Gaffga, City Secretar reasurer Read and approved this 27th day of ATTEST: Ev-elyn Gaf ga, City S6dtdt y-Treasurer 19 83 ' �i " 1`�8 �1 �'ii� ���RETARY r BILL FcALISTER, Mayor Januar 1983. r '15- ILL M�c=S­TtR, Mayor