HomeMy WebLinkAboutMinutes - City Council - Regular - 3/31/1983127
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CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
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MARCH 31, 1983
At 8:35 a.m. the Mayor announced that an Executive Session would be held for the
purposes of discussing land acquisition and 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, March 31,
1983, at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall.
Those present:
Mayor Bill McAlister, Mayor Pro Tem Alan Henry, Councilman E. Jack Brown,
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.
83-42-127-241 The invocation was given by Fire Chief Tom Foster.
(01)
83-42-127-242 The Pledge of Allegiance to the Flag was given In unison by those present in the
(02) Council Chambers.
83-42-127-243 Approval of Minutes --Regular Meeting, March 10, 1983
(03)
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve
the Minutes as submitted. Motion carried: 5 Yeas, 0 Nays.
83-42-127-244 Board Appointments
(04)
Ben Alley Parks and Recreation Board
William A. Johnston Parks and Recreation Board
Proclamation
83-42-127-245 "Parkinson Disease Awareness Week" - April 3-9, 1983
(05)
Receiving: Fred McGarrett, President of
West Texas Parkinsonism Society
Queenie Huff, Vice -President of
West Texas Parkinsonism Society
Frankie Favor, Secretary of
West Texas Parkinsonism Society
Elmer Tarbox
John Anderson
ai
Mr. McGarrett indicated that there are presently 144 members in the
Texas/New Mexico Chapter of the West Texas Parkinsonism Society and one of
their greatest accomplishments is establishing the Tarbox Clinic in the
Health Science Center.
83-42-127-246 "POW/MIA.Recognition Day" - April 9, 1983
(06)
Receiving: Charley Skidmore and others
83-42-127-247 Airman of the Month - January_, 1983
(07)
No presentation.
83-42-127-248 Airman of the Month - February, 1983 - Senior Airman Brian L. Denny
(08)
83-42-127-249 Jay Eagan, Chairman of the Jubilee 75 Committee, will appear to report on progress
(09), of plans for the year -long celebration in 1984 of Lubbock's 75th Anniversary as an
incorporated city.
128
83-42-128-250
(10)
C �' , The first project that has been finalized was the selection of a logo
Cn
for Jubilee 75. To select the proper logo, a contest was held and
mthere were 15 entrants. The contest closed in January of 1983 and the
m OO H• Selection Committee selected four finalists with the winner being Susan
J� G Browning associated with the Phil Price Advertising Agency.
n o a Ms. Browning was present to receive an award from Steve Beasley who
n n a coordinated the contest, and the logo was presented publicly for the
o 0 first time to the Council and those present In the Chambers.
co rt H.
H• N 0 Mr. Eagan further reported that Volume 2 of the History of Lubbock will
w 000 be prepared, the last edition having been published in 1962. it costs
0 n approximately $11,000 and funds have been approved by the BCD and the
m m N Museum Association. There is an estimated cost of $4,500 to be funded
�rt v
co from a grant from the Lubbock County Historical Society.
m o w There will be a Santa Fe Art Collection exhibit In October, 1984, at
rn which time the Santa Fe Railroad Company will celebrate its 75th year
H v in Lubbock.
Another activity throughout 1984 will be the collection and exhibition
of histories of local businesses and organizations in Lubbock displayed
at the Mahon Library.
There will be an Armed Forces Day at Reese Air Force Base in May, 1984.
There will be the reconstruction of the bandstand on the County
Courthouse lawn which is being given by a private donor and coordinated
with the Chamber of Commerce as well as the County Commissioners.
There is a History of the Automobile in Lubbock with an antique
automobile show in June, 1984, at the Civic Center.
The restoration of Broadway from the Courthouse to Texas Tech will
commemorate both Texas Tech's 60th year as well as Lubbock's 75th year.
There will be a special addition from the Avalanche Journal of his-
torical significance.
Hopefully, President Reagan will appear at the Chamber of Commerce's
Annual Banquet; Congressman Kent Hance is working with the Chamber
folks in preparing this event.
There will also be projects throughout the schools apprising the
children of the heritage and Lubbock history, and developing the
history of the Lubbock School System per se.
There will be a series of mini -musicals held at the Ranching Heritage
Center at the various special locations within the Center.
There will be an original stage production which can become an annual
event to be held at the Ranching Heritage Center; this will be a series
of 14 weekends. Ten thousand dollars are needed to retain a playwright
with a June, 1984 target date for the first production. The money
would be funded from the Special Projects Budget.
After giving the above report, Mr. Eagan did request financial
assistance from the Council regarding the $10,000 for a playwright to
present the vignettes and the mini-series. The Council responded that
Inasmuch as this particular request was not posted on the agenda, it
will be considered at a later date.
Tom Neal, representing the City Health Board, will appear to make recommendations
regarding an ordinance governing charitable bake sales.
Ordinance No. 8427
Dr. Tom Neal of the City Health Board appeared before the Council to apprise them
that for some time home -baked goods have been allowed at bake sales by various
nonprofit organizations. Technically, this is in violation of the current health
ordinance and it involves hazardous foods in pastries as well as sandwiches. The
purpose of this ordinance is to make official and legal that which has been nonlegal
for some time --that is, the sale of baked or prepared goods, some of which contain
hazardous foods (custards, fruits, meats), on a temporary basis by nonprofit
organizations. The Health Department retains the right to inspect the area where
the foods are sold and to caution all nonprofit organizations of those items which
are hazardous and nonhazardous. The Health Department unanimously approved this
recommendation.
In response to Council query, Health Administrator Doug Goodman responded that there
are listed in the health ordinance those foods that are considered hazardous and
nonhazardous. Councilwoman Baker requested that a list be prepared iitemizing the
various categories and that all nonprofit organizations be contacted by letter
Indicating the guidelines and apprising them that they will, in fact, be subject to
an on -site inspection at the time of the bake sale. In essence, this is to give
--A -4 4,_ r_.,_ 41------t__ .4-1_ ---1_ _t -
i
MAR 3 11983
83-42-129-251
(11)
�= See Reso. 1341 file
for Summary, Alternates,
Allowances
Contract not submitted
at time reso. was
approved and bid
awarded.
With that understanding, the motion was made by Councilwoman Baker, seconded by
Councilman Brown to pass Ordinance No. 8427 on first reading. Motion carried:
5 Yeas, 0 Nays.
DGV:da
ORDINANCE NO. 8427
AN ORDINANCE AMENDING SECTION 12-16 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, PERTAINING TO FOOD AND FOOD ESTABLISHMENTS, BY ADDING THERETO A DEFINITION
OF "FOOD ESTABLISHMENT"; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Bill Cox will appear to recommend authorizing the following bids and contracts:
a. Bid #7229 for the construction of new health facility.
b. Bid #7230 for the construction of health facility storage building.
Bill Cox, architect for the new health facility project, apprised the Council that
there were two bids that need to be approved as well as the contracts involved.
Resolution No. 1341 - Bid #7229
The low bidder was John R. Lavis, a general contractor from El Paso, who submitted
the base bid of $718,600 with Alternate #3 ($7,650); Alternate #4 ($1,032); and
Alternate #7 ($8,400), making a total price of $735,682.
DGV:js
RESOLUTION NO. 1341
WHEREAS, the CIty of Lubbock has solicited bids for the remodeling of the
Kuykendall Building located at 19th Street and Texas Avenue into a facility to
house the Lubbock Health Unit; and
WHEREAS, such bids have been duly opened and evaluated; 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 di-
rected to execute for and on behalf of the City of Lubbock an Agreement between
the City of Lubbock and John R. Lavis, General Contractor, Inc., of El Paso, for
the remodeling of the Kuykendall Building at 19th and Texas Avenue into a
facility to house the Lubbock Health Unit, which Agreement is attached hereto and
which shall be spread upon the minutes of the Council and as spread upon the
minutes of the Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
PASSED ON THIS 31ST DAY OF March, 1983.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ 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
130
�< Contract not submitted
at time reso. was
approved and bid
awarded.
*Contract on file with
Resolution 1342.
*Resolution 1342 (3-31-83)
ACCEPTED - 11-17-83.
Resolution No. 1342 - Bid #7230
The low bidder was Lubbock Development Company submitting the amount of $27,418 for
a storage building at the new health facilities.
DGV:js
RESOLUTION NO. 1342
WHEREAS, the City of Lubbock has solicited bids for the construction of a
storage building to be located at the new City Health Unit building at 19th and
Texas Avenue; and
WHEREAS, such bids have been duly opened and evaluated, 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 di-
rected to execute for and on behalf of the City of Lubbock an Agreement between
the City of Lubbock and Lubbock Development Co., 8212 Ithica, Suite 1, for the
construction of said storage building, which Agreement is attached hereto and
shall be spread upon the minutes of the Council and as spread upon the minutes of
the Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
PASSED THIS 31ST DAY OF March, 1983.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Bob Cass
Bob Cass, Assistant City Attorney
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
Before these contracts can be awarded, the funding for the entire project must be in
hand as follows:
Bond issue $1,000,000
Rental income from June 1, 1982, through May 31, 1983 38,900
Revenue Sharing 81,000
Operating budget* 10,000
TOTAL $1,129,900
* $10,000 from the 1982-83 Budget was set aside for this with the understanding that
the Council will designate $10,000 from the next general Revenue Sharing
allocation.
Alternate #3 is to remove the glass In the existing showrooms and to replace it with
studs, insulation and gypsum board; stucco will be placed on the outside of the
area. Alternate #4 is the completion of a copy room which will allow for the
completion of office space for the Administrative Assistant. Alternate #7 is
additional millwork base cabinets for the Laboratory. The funds have been set aside
for the installation of a new phone system and for landscaping; the landscaping Is
estimated at $2,000 and no irrigation will be required.
Expenditures
Purchase of building
$ 315,000.00
Architect fees
38,000.00
Title warranty
1,535.65
Repairs to building
1,700.00
Base bid for renovation
718,600.00
Base bid for storage building
27,418.00
Alternate #3
7,650.00
Alternate #4
1,032.00
Alternate #7
8,400.00
(Telephone Installation
6,930.15)
Landscaping
2,000.00
TOTAL
$1,128,265.80
Remaining Balance $1,634.20
The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve
MAR 31 198
131
83-42-131`-252
(20)
See Reso. 1343 file
for Consolidated
Final Estimate.
ii
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Consider a resolution accepting improvements constructed by Robbins Concrete
Construction on Lot 3, Cope Addition.
Resolution No. 1343
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Resolution No. 1343 accepting the paving improvements stated above. Motion carried:
5 Yeas, 0 Nays.
JCR/mck
RESOLUTION NO. 1343
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN ALLEY RETURN AS LISTED
BELOW:
WHEREAS, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of Cope Addition, Lot No. 3 made arrangements with
Robins Concrete Construction for the construction of paving improvements on a
certain alley return dedicated in said subdivision under the provisions of said
Ordinance prior to the recording of the subdivision plat of Cope Addition, Lot
No. 3 including the following alley return:
Alley return construction on the south side of Brownfield Highway; west of
Oxford Avenue, on the west side of said Lot 3, Cope Addition known and
designated as new subdivision sub -unit 20 of Unit No. 2029.
AND WHEREAS, the construction of the above improvements on the abovementioned
alley return was performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to have been
constructed in accordance with City specifications and in accordance with the
provisions of City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
That the improvements on said portions of the abovementioned alley return 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 31st DAY OF March , 19 83 .
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary-Treausrer
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
Consider request of Beach Oil and Gas, Inc., for a bond reduction from $25,000 to
$10,000 for Ashby #1 and Dunlop #1.
Consider the request of Garrett Oil for a bond reduction from $25,000 to $10,000
for Wheeler #1.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to reduce
the bonds to $10,000 in the above referenced well sites for Beach Oil and Gas, Inc.,
and Garrett 011, respectively. Motion carried: 5 Yeas, 0 Nays.
132
83-42-132-255
(23)
Consider an ordinance to abandon and close a portion of an alley west of Lot 8,
Block 1, Westmoreland Addition to the City of Lubbock.
Ordinance No. 8424
This request Is to abandon and close a portion of a 15-foot alley west of Lot 8,
Block 1, Westmoreland Addition, which runs north -south and fronts 42nd Street and
Dover. The proponent will dedicate the alley fronting off of Dover to meet existing
alley running east -west. The amount involved is $155.31 ($.30 per square foot).
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Ordinance No. 8424 on first reading. Motion carried: 5 Yeas, 0 Nays.
HW/mck ORDINANCE NO. 8424
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN ALLEY WEST OF LOT 8,
BLOCK 1, WESTMORELAND 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 MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT
AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
83-42-132-256 Consider an ordinance to abandon and close a portion of Paris Avenue in the
(24) G. A. Rush Addition to the City of Lubbock.
Ordinance No. 8425
This request is to abandon and close a portion of Paris Avenue north of 15th Street,
west of Lot B, G. A. Rush Addition and east of Lot 1, Block 3, G. A. Rush Addition.
This will also close east -west alley north of Lots 1, 2, and 3, Block 3,
G. A. Rush Addition as well as the 20' drainage easement east of Lot D. The amount
Involved is $18,295.20 ($1.75 per foot), and the drainage easement will be closed at
no cost to the proponent, which is American State Bank, inasmuch as It is no longer
needed.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass
Ordinance No. 8425 on first reading. Motion carried: 5 Yeas, 0 Nays.
HW:da
ORDINANCE NO. 8425
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF PARIS AVENUE WEST OF LOT
"B", G. A. RUSH ADDITION, AND AN ALLEY NORTH OF LOTS 1, 2 and 3, BLOCK 3, G. A.
RUSH ADDITION, AND A DRAINAGE EASEMENT LOCATED IN THE G. A. RUSH ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, ALL OF WHICH ARE 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.
83-42-132-257 Consider an ordinance to abandon and close a private utility easement out of
(25) Section 6, Block E-2, Lubbock County, Texas.
Ordinance No. 8426
This request is to abandon and close an easement which was granted to the City in
March, 1963, and is located In Tract 7, Lowery Subdivision of Section 6,
Block E-2, Lubbock County, Texas. The easement was never used for utility
purposes, and all utility service is now provided by other easements. There Is no
charge involved.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass
Ordinance No. 8426 on first reading. Motion carried: 5 Yeas, 0 Nays.
JWF:js ORDINANCE NO. 8426
AN ORDINANCE ABANDONING AND CLOSING A PRIVATE UTILITY EASEMENT LOCATED UPON
AND ACROSS TRACT 7, LOWERY SUBDIVISION OF SECTION 6, BLOCK E-2, LUBBOCK COUNTY,
TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING
THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING
AND CLOSING; AND PROVIDING FOR PUBLICATION.
133
MAR 3 1 1983
83-42-133-258 Consider a resolution making a formal offer for a parcel of land out of Section 4,
(26) Block S, and Section 1, Block S, Lubbock County, Texas.
Resolution No. 1344
This action Is for the Right -of -Way Department to make a formal offer to
Standifer & Gray, Inc. In the amount of $103.00 for the construction of an
underground waterline to service the Yellow House Canyon Addition, said land being
located east of Loop 289 and northeast of Southeast Drive and the Santa Fe Railroad.
The land Is vacant and Is appraised at $1,000 per acre.
HW/mck
RESOLUTION NO. 1344
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public
needs, safety and welfare demand and create a public necessity for the acqui-
sition of additional land for municipal public uses and purposes, to -wit: for an
underground utility easement, and this City Council of said City finds it in the
public interest and for public purposes and municipal purposes to proceed with
the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described tracts
of land, each of which is located in Lubbock County, Texas, be acquired for
public purposes and municipal purposes as set forth in the preamble hereof, to -
wit:
TRACT ONE
A ten foot (10') strip of land out of Section 4, Block S, Lubbock County,
Texas, containing 0.1075 acre of land, more or less, and more particularly
described as follows:
BEGINNING at a point in the North line of Section 4 and 2066.14 feet South
89'18' West of the Northeast corner of Section 4.
THENCE South 0'40' East 20.00 feet to a point;
THENCE South 89*18' West 454.40,feet to the East line of the Panhandle and
Santa Fe Railroad Right-of-way;
THENCE North 39'49' West 12.89 feet along the East line of Panhandle and
Santa Fe Railroad Right-of-way to a point;
THENCE North 89'18' East 452.30 feet to a point;
THENCE North 0040' West 10.00 feet to a point in the North line of Section
4. Said point being 2076.14 feet South 89'18' West in the Northeast corner
of Section 4.
THENCE North 89018' East 10.00 feet along the North line of Section 4 to the
POINT OF BEGINNING.
TRACT TWO
A ten foot (10') strip of land out of Section 1, Block S, Lubbock County,
Texas, containing 0.09947 acre of land, more or less, and more particularly
described as follows:
BEGINNING at a point in the South line of Section 1 and 2076.14 feet South
89'18' West of the Southeast corner of Section 1.
THENCE North 0040' West 433.33 feet to a point;
THENCE North 89'18' East 10.00 feet to a point;
THENCE 0'40' East 433.33 feet to a point in the South line of Section 1 and
2066.14 feet South 89018' West of the Southeast corner of Section 1;
THENCE South 89018' West 10.00 feet to.the POINT OF BEGINNING.
SECTION 2. THAT the owners of said tracts, including Standifer & Gray,
Inc., BE offered through the Right-of-way Department of the City of Lubbock the
amount of $103.00, which is the amount appraised as the value and total damages
for the fee simple title and acquisition of said real estate hereinabove de-
cribed, for the use and benefit of the City of Lubbock, Texas, for the purposes
herein stated, and unless accepted forthwith the City Attorney of said City of
Lubbock is hereby authorized and instructed to institute condemnation (eminent
domain) proceedings to acquire the fee simple title to said land as hereinabove
described for public purposes and municipal purposes.
134
83-42-134-259
(27)
Passed by City Council this 31st day of - March
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Thomas A. Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
ISI Harold Willard
Harold Willard, Assistant City Attorney
1983.
Consider a resolution making a formal offer for a parcel of land out of Section 1,
Block S, Lubbock County, Texas.
Resolution No. 1345
The Right -of -Way Department will be authorized to make a formal offer of $100.00 to
Annie Margaret Clark, Kent R. Clark, and Carl R. Clark for a water line easement to
service the Yellow House Canyon Addition. Said land Is located east of 65th Street
and Peach Avenue and is appraised at $2,000 per acre.
JWF/mck RESOLUTION NO. 1345
WHEREAS the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine the public needs,
and welfare demands and creates a public necessity for the operation, improvement,
expansion, extension, construction, reconstruction, repair and maintenance of a
water line and necessary apparatus and appliances in connection therewith necessary
to the proper operation of the public water system owned and operated by the City
of Lubbock, Texas, which required the acquisition of title in said City to an
easement for such public municipal purposes together with rights of ingress,
egress and regress in said City to accomplish such purposes; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT title in the City of Lubbock, Texas to an easement in,
upon, over, along, and across the hereinafter described real estate located in
the City of Lubbock, Lubbock County, Texas, be acquired for public purposes and
municipal purposes as set forth in the preamble hereof, to -wit:
BEGINNING at a point in the Southwest corner of Yellowhouse Canyon Addition
to the City of Lubbock, Lubbock County, Texas, which is on the West R.O.W.
line of Peach Avenue from where the Southeast corner of Section 1, Block S,
Lubbock County, Texas bears South 89'18' West, 841.0 feet and North 0'40'
West, 433.33 feet for the Southeast corner of this tract.
THENCE South 89'18' West, 146.6 feet to a corner point which is common with
the Southeast corner of a 30 foot wide underground utility easement recorded
in Volume 962 Page 697, Lubbock County Deed Records, Lubbock, Texas, to a
point for the Southwest corner of this tract.
THENCE North 0040' West, 10.0 feet along the East line of said easement to
a point for the Northwest corner of this tract.
THENCE North 89018' East, 146.6 feet to a point on the West R.O.W. line on
Peach Avenue for the Northeast corner of this tract.
THENCE South 0040' East, 10.0 feet along said R.O.W. line to the POINT OF
BEGINNING, containing 1,466 square feet, which is approximately 0.0337
acres.
SECTION 2. THAT the owners of said land including Annie Margaret Clark,
Kent R. Clark and Carl R. Clark, BE offered through the Right-of-way Department
of the City of Lubbock the amount of $100.00, which is the amount appraised as
the value and total damages for the acquisition of title to an easement in said
City as hereinabove described for the purposes herein stated,
1
135
F-1
for the use and benefit of the City of Lubbock, located in Lubbock County,
Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is
hereby authorized and instructed to institute condemnation (eminent domain)
proceedings to acquire the easement title to said land as hereinabove described
for public purposes and municipal purposes.
Passed by City Council this 31st day of March 1983.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Thomas A. Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
ISI J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
The motion was made by Councilman Aderton, seconded by Councilman Brown to pass
Resolution No. 1344 and Resolution No. 1345 authorizing the Right -of -Way Department
to make the appropriate offers and to authorize condemnation proceedings if neces-
sary and for the installation of water service to Yellow House Canyon Addition.
Motion carried: 5 Yeas, 0 Nays
83-42-135,-.260 Consider a resolution making a formal offer for Lot 131, Yellow House Canyon
(28) Addition to the City of Lubbock.
Resolution No. 1346
This action would authorize the Right -of -Way Department to offer $750.00 to
Annie Margaret Clark, Kent R. Clark, and Carl R. Clark for Lot 131,
Yellow House Canyon Addition for the purposes of installing a sewer lift station for
Yellow House Canyon Addition.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass
Resolution No. 1346 authorizing the Right -of -Way Department to make the formal offer
referenced above and authorizing condemnation proceedings, if necessary. Motion
carried: 5 Yeas, 0 Nays.
JWF/mck RESOLUTION NO. 1346
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine the public needs
and welfare demands and creates a public necessity for the operation improvement,
expansion, extension, construction, reconstruction, repair and maintenance of a
sewer lift station site necessary to the proper operation of the public sewer
system owned and operated by the City of Lubbock, Texas, which required the
acquisition of fee simple title to land hereinafter described in said City for
such public municipal purposes; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT fee simple title in the City of Lubbock, Texas to land
hereinafter described, located in the City of Lubbock, Lubbock County, Texas, be
acquired for public purposes and municipal purposes as set forth in the preamble
hereof, to -wit:
Lot 131, Yellowhouse Canyon Addition to the City of Lubbock, Lubbock County,
Texas.
SECTION 2. THAT the owners of said land including Annie Margaret Clark,
Kent R. Clark and Carl R. Clark, BE offered through the Right -of -Way Department
of the City of Lubbock the amount of $750.00, which is the amount appraised as
the value and total damages for the acquisition of fee simple title to land
hereinabove described in said City for the purposes herein stated, for the use
and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless
136
accepted forthwith the City Attorney of said City of Lubbock is hereby authorized
and instructed to institute condemnation (eminent domain) proceedings to acquire
the fee simple title to said land as hereioubove described for public purposes
and municipal purposes.
Passed by the City Council this 31st day of March , 1983. �
�
/S/ Bill McAlister
BILL McALISZBR, MAYOR �
ATTEST: � 1
Evelyn Gaffga, City Secretary -Treasurer ||
x
APPROVED AS TO CONTENT:
/S/ Thomas A. Nivens
Tom Nivens, Right -of -Way Agent
--
APPROVED AS TO FORM:/S/
J. Worth Fullingim
J. Worth Fulliogim, Assistant City Attorney |
!|
82-42-130-261
�!
Consider the ) d conditions of sale of Parcel
(29)
in the Coronado -Tex R-33 area.
82-42-136-262
Consider the 1 d conditions of sale of Parcel �
(3V)
The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve
~
the price and conditions of the sale of Parcels #41-1 and #5-13. Motion carried: |
5 Yeas, 0 Nays.
83_42_136_263
Consider n resolution authorizing addendum to non -aeronautical lease agreement with |
(31)
Ram Roo Industries, Inc.,t the Airport.
* See Reeo, 1347 file
Resolution No. 1347
for Exhibit A.
On October A, 1980, (Reso° 629) the City entered Into on agreement with
* Amends �eao. 629,
Ram Rod Industries, Inc.,for warehouse and land area In the Industrial area of the �
'
10/09/80
Lubbock Airport for the purpose of manufacturing cotton trailer modules. Ram Rod !
now wishes to assign their lease to Texas General Steel Company, Inc., who will need
the warehouse facility but not the land area. The addendum provides for a release �
of 16,008 square feet of land area In the Ram Rod lease, and the referenced document
|
assigns this release. Subsequent action will be taken relative to the assignment of '
the building leased to Texas General Steel of o later dufo~ �
The motion was mode by Councilman Brown, seconded by Mayor Pro Tem Henry to pass
Resolution No. 1347 authorizing an addendum to the original lease agreement �
(Resu° 629) releasing the 16*080 square feet of land area previously assigned to |
Rom Rod Industries, Inc. Motion carried: 5 Yeas, O Nays.
�
JMS:da RESOLUTION l �
�
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 the ADDENDUM NO. l
to NON -AERONAUTICAL LEASE AGREEMENT attached herewith which abulI be spread upon ||
the minutes of the Council and as spread upon the nuiootea 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-31of March ,1983.
/S/ Bill McAlister
BILL McALISTER, MAYORi
ATTEST: |
|
| U
Evelyn Guffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM: i�
137
i
MAR 311963
ADDENDUM NO. 1
TO NON -AERONAUTICAL LEASE AGREEMENT
WHEREAS, on October 9, 1980, the City of Lubbock and RAM ROD INDUSTRIES,
INC., a Texas corporation, entered into a Non -Aeronautical Lease Agreement; and
WHEREAS, under the terms of said NON -AERONAUTICAL LEASE AGREEMENT the City
of Lubbock granted to RAM ROD INDUSTRIES, INC., as LESSEE, certain rights,
powers, and privileges to leased premises consisting of Building #712 and certain
unimproved property located in the Industrial Section of the Lubbock International
Airport; and
WHEREAS, RAM ROD INDUSTRIES, INC., desires to amend said Non -Aeronautical
Lease Agreement by deleting from the leased premises 16,000 square feet of
unimproved property;
NOW THEREFORE, the City of Lubbock and Ram Rod Industries, Inc., both agree
that the leased premises under said Non -Aeronautical Lease Agreement is hereby
reduced by deleting therefrom the 16,000 square feet of unimproved property
located in the Industrial Section of the Lubbock International Airport as shown
on Exhibit "A" which is attached hereto and made a part hereof for all purposes;
that Building #712 shall constitute the leased premises under the aforesaid lease
agreement of October 9, 1980, and that the rental payments due under said lease
agreement shall be adjusted accordingly by deleting the rental for said unimproved
property and continuing the obligation of LESSEE to pay the rental for Building
#712 at the rates specified in said lease agreement as adjusted in direct proportion
to the fluctuation of the U.S. Department of Labor Bureau of Labor Statistics
Cost of Living Index.
Executed this 31st day of March
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
/S/ Joan Sherwin
Joan Sherwin, Assistant City Attorney
ATTEST:
/S/ Gary Harrell
Title
, 1983.
CITY OF LUBBOCK
/S/ Bill McAlister
BILL McALISTER, MAYOR
RAM ROD INDUSTRIES, INC.
/S/ Wendell A. Reeder
WENDELL A. REEDER, President
83-42-137-264 Consider approval of LPG installation at 74th and King.
(32)
Don Heinrich of Slaton Gas & Equipment has requested the installation of a
1,000-gallon liquified petroleum gas tank at 74th and King Avenue for the purposes
of providing fuel for the Frito-Lay delivery vans.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to
authorize the above referenced installation. Motion carried: 5 Yeas, 0 Nays.
83-42-137-265 Consider resolution to State Department of Highways and Public Transportation
(33) supporting DWI Step Grant. (Reso. 1141, 7/08/82)
* See Reso. 1141, Resolution No. 1348
7/08/82, for
approval of On November 15, 1982, the Police Department was awarded a DWI Enforcement Grant in
application. the amount of $58,448.10 (authorized by Reso. 1141, 7/08/82) for overtime pay for
four police officers and one intoxilyzer operator to work wrecks involving drunk
drivers. The State Highway Department has requested another resolution as assurance
that the provision of the grant would be fulfilled.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass
Resolution No. 1348 in support of the DWI Grant approved in July, 1982, (Reso. 1141)
as requested by the State Highway Department. Motion carried: 5 Yeas, 0 Nays.
138
83-42-138-266
(34)
>� See Reso. 1349 file
for Branch Library
Study.
JWF/mck RESOLUTION NO. 1348
WHEREAS, the State Department of Highways and Public Transportation of the
State of Texas issued and approved a D.W.I. Step Grant to the City of Lubbock
under the date of November 15, 1982, for stricter enforcement of the traffic laws
with respect to those driving motor vehicles while intoxicated; and
WHEREAS, said State Department has requested assurance by resolution of this
City Council as governing body of the City of Lubbock that this City fully
supports said D.W.I. Step Grant in every respect; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the D.W.I. Step Grant Program of the State Department of
Highways and Public Transportation of the State of Texas has the full support of
the City of Lubbock because it is hereby determined that a program of stricter
law enforcement of the traffic laws as regards those who drive motor ve hicles
while intoxicated inures to the benefit of the health, safety and public welfare
of the citizens of this City, and accomplishes the saving of many lives and
greatly reduces property damages, particularly to automobiles and homes which
could have been damaged by the careless driving of intoxicated drivers of motor
vehicles.
SECTION 2. THAT it is the request and desire of this City Council that
a copy of this resolution be transmitted to the appropriate officials of the
State Department of Highways and Public Transportation in deep appreciation for
and in support of the D.W.I. Step Grant Program as applied to the City of Lubbock,
Texas.
Passed by City Council this 31st day of March 1983.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Rickey Childers
Rickey Childers, Assistant to the City Manager
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
Consider a resolution endorsing Branch Library Plan.
Resolution No. 1349
At the meeting with the County Commissioners on March 10, it was requested that the
Branch Library Plan be adopted by the respective governmental entity and that the
City receive some written communication from the County Commissioners regarding
their degree of involvement. To date no communication has been received.
At the regular session, the motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Henry to adopt the Branch Library Plan as submitted at the March 10
meeting with the understanding that the location for proposed site and this action
Is for the adoption of the Branch Library Plan only. Motion carried: 5 Yeas,
0 Nays.
JMS:js RESOLUTION NO. 1349
A RESOLUTION APPROVING THE BRANCH LIBRARY STUDY PRESENTED BY THE LUBBOCK
CITY -COUNTY LIBRARIES BOARD AND ADOPTING THE RECOMMENDATIONS MADE THEREIN AS THE
OFFICIAL MASTER PLAN FOR THE FUTURE DEVELOPMENT OF BRANCH LIBRARIES WITHIN THE
CITY OF LUBBOCK.
WHEREAS, the City Council of the City of Lubbock recognizes the need for a
system of well developed branch libraries to serve the unique needs of residents
within the immediate areas of such branch libraries; and
WHEREAS, on March 10, 1983, Lubbock City -County Libraries Board presented to
the City Council and the County Commissioners Court a Branch Library Study
proposing the phased development of a system of neighborhood branch libraries; and
F-1
WHEREAS, the City Council finds that said Branch Library Study is an appro-
priate master plan for future branch library development; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council approve the Branch Library Study presented by the
Lubbock City -County Libraries Board and adopt said Study as the official master
plan to be used as a guide for the future development of a system of neighborhood
branch libraries within the City of Lubbock; such Study to be filed in the
office of the City Secretary as an official record of the City of Lubbock.
Passed by the City Council this 31st day of March
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Lawrence Banks
for Jim Weston, Director of Community Facilities
83-42-139-267
(35)
e See Reso. 1350 file
for Change Order #3.
> See Reso. 865,
7/09/81, for
original contract.
*SEE: Minuted action
82-41-1098-1727
6/10/82, for
CO #1
SEE: Reso., 1205 (9/9/82)
for,CO #2
*SEE: Reso`. 865—A (6/23/83)
for" CO #4
I-,
*SEE: Reso. 1460 (8/25/83)
for Certificate of
Completion & Final
Payment
APPROVED AS TO FORM:
/S/ Joan M. Sherwin
Joan M. Sherwin, Assistant City Attorney
, 1983.
Consider Change Order No. 3 to the contract for wastewater reclamation facilities'
Improvements (two digesters). (Reso. 865, 7/69/81)
Resolution No. 1350
The referenced Change Order is for two items: the first is for paving the entrance
road to the Water Reclamation Plant which is an extension of East 36th Street in the
amount of $24,180.25. The second item is for furnishing a marking kit for marking
the piping in the mechanical room of the digesters to identify the various pipes at
a cost of $525.00. An extension of the first item for 100 days in which to complete
the paving project which has been delayed due to inclement weather in December and
January is also included.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Resolution No. 1350 authorizing Change Order No. 3 referenced above. Motion
carried: 5 Yeas, 0 Nays.
JWF : da
RESOLUTION NO. 1350
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a Change Order No. 3 to the
construction contract entered into by and between said City (as owner) and Carrothers
Construction Co., Inc. for two 400,000 cubic feet digesters, controls, equipment,
heater building and related items at the City of Lubbock Wastewater Reclamation
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 31st day of March
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Bill McAlister
BILL McALISTER, MAYOR
1983.
/S/ Wilford D. Watson
Wilford D. Watson, Chief Engineer
FTITIJ. T"GUffill FIVIs Own
/S/ J. Worth Fullingim
140
83-42-140-268
Consider request of Bassinger-Rothwell
for
City's participation In:
(36)
a. Cost of a sanitary
sewer approach
main;
�See Minutes Action--
80-39-154-225, 2/28/80,
b. Cost of water approach
main.
for original approval
of request.
This request was approved
In 1980 (Minuted
Action 80-39-154-225, 2/28/80) following
which the developer chose
not to construct
the facilities because the lots had
decreased in demand.
The estimated cost of the 18-inch sewer approach is estimated at $56,426.13 of which
the City's share Is $28,967.89.
The estimated cost of the 16-inch water main is $60,817.50 of which the City's
participation Is $32,796.67.
The City's final participation will be determined when bids are received on the
project and will be funded from the Water -Sewer Pro Rata Fund. In light of the `- ✓
delay, It was felt that the Council needed to provide minuted action for
authorization. This area In question is at Spur 327 and Frankford Avenue as well as
66th and Frankford, the Stonegate Addition.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve
the City's participation in the above referenced water and sewer development, to be
funded from the Water -Sewer Pro Rata Fund. Motion carried: 5 Yeas, 0 Nays.
83-42-140-269 Zone Case No. 1931-A
(13)
Request of Charles N. Leger for a Specific Use zone change, from C-4 to C-4 Specific
Use Permit under provisions of Section 22.3-24 of the zoning ordinance, for mini -
warehouses on Lots 17 through 21, Block 1, Kurthwood Addition, located at 117 North
Avenue U.
The Planning and Zoning Commission recommends that this request be approved.
Ordinance No. 8418
In accordance with the notice published on March 16, 1983, in the
Lubbock Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Chuck Kershner, on behalf of Charles Leger
This request Is for a C-4 Specific Use to accommodate mini -warehouses and requires a
site plan. Adjacent land uses are: a doctor's clinic fronting Clovis Road on the
north; existing single-famil-y district on the south and west; and existing
commercial district on the east.
At the Planning and Zoning hearing, the site plan was acceptable, but it was felt
the plain metal panel facade painted brown that was shown on the site plan should be
upgraded Inasmuch as that side would front the residential neighborhood. It was
recommended that some type of rock or brick facade treatment be shown on the site
plan. The P&Z granted their approval subject to this change of facade on the North
Avenue U side. It was not a stated condition but it was part of the recommendation
by P&Z and the Council should take this Into consideration In their evaluation.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass
Ordinance No. 8418 on first reading, subject to the facade on the North Avenue U
side being of a rock or brick material and should be reflected In the site plan.
Motion carried: 4 Yeas, 0 Nays. Mayor Pro Tem Henry was absent from the Chambers.
SMH/mck ORDINANCE NO. 8418
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. 1931-A; A
SPECIFIC USE ZONE CHANGE FROM C-4 TO C-4 SPECIFIC USE PERMIT UNDER PROVISIONS OF
SECTION 22.3-24 OF THE ZONING ORDINANCE, FOR MINI -WAREHOUSES ON LOTS 17 THROUGH
21, BLOCK 1, KURTHWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS;
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
1
I
1 MAR 3 11983
14J
83-42-141-270
(12)
83-42-141-271
(14)
Zone Case No. 2397
Request of Sid Wheeler to change the east 115' of Lot 15, Block 1, Collier -Smith
Resubdivision, City of Lubbock, from R-2 to C-4 zoning district, located at
4011 Avenue H.
The Planning and Zoning Commission recommends that this request be approved.
Ordinance No. 8419
In accordance with the notice published on March 16, 1983, In the
Lubbock Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Sid Wheeler
The request was for C-4 zoning to accommodate a used -car lot and an automobile
repair garage. The proponent's existing location will be disrupted when the
Interstate Highway 27 is constructed and he is desiring to relocate to
4011 Avenue H.
Existing land uses are: existing C-4 commercial and retail on the north and south
with scattered single-family dwellings on the south; existing single-family district
on the east; and the IH 27 corridor on the west. The request meets the zoning
policy since the C-4 district should front a regional thoroughfare, and this request
will front the Interstate corridor. There exists a precedent in that three previous
cases involving expansion of heavy commercial -type operations were approved for C-4
zoning also.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass
Ordinance No. 8419 on first reading. Motion carried: 5 Yeas, 0 Nays.
SMH/mck
ORDINANCE NO. 8419
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. 2397; CHANGE
THE EAST 115 FEET OF LOT 15, BLOCK 1, COLLIER -SMITH RESUBDIVISION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO C-4 ZONING DISTRICT; PROVIDING FOR A
PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Zone Case No. 2398
Request of Rex McFadden Company to change a tract of land out of Section 10,
Block J-S, City of Lubbock, from R-1 to C-4 zoning district, located north of
19th Street and about 1200 feet west of Milwaukee Avenue.
The Planning and Zoning Commission recommends that this request be approved,
subject to the following conditions:
Any C-4 use except the followin
a. Automobile body shops
b. Billboards
c. Commercial private clubs and teenage clubs
d. Dance hall
e. Feed store
f. Gameroom, pool, billiard and/or domino parlor
g. Motorcycle shop
h. Nightclub, bar or lounge
1. Public kennel
j. Second-hand goods store or pawn shop
k. Used car lot
1. Used furniture store
Ordinance No. 8420
In accordance with the notice published on March 16, 1983, in the
Lubbock Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Wally Teague
This request is for open C-4 zoning on 19th Street which is located within a large
lake area, and the lot is presently under the high water mark. The property was
previously owned by the State and used as a borrow pit from which the fill material
to raise 19th Street was secured. Adjacent land uses are: existing R-1 development
on the north (outside City limits); existing C-4 commercial on the south and west;
and vacant R-1 frontage on 19th Street on the east.
It was recommended to P&Z that certain restrictive conditions be placed on the
property as has been done in previous cases; those exceptions to C-4 uses are
Itemized above. The proponent indicated that there was no developmental plans at
the present time inasmuch as the lot is under the high water mark; also, the stated
conditions for C-4 uses were agreeable.
r
- 142
MAR 3 11983
There being no opposition and no discussion, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass
-- Ordinance No. 8420 on first reading subject to the C-4 exceptions Itemized above.
Motion carried: 5 Yeas, 0 Nays.
SMH/mck ORDINANCE NO. 8420
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. 2398; CHANGE A
TRACT OF LAND OUT OF SECTION 10, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS
FROM R-1 TO C-4 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.
83-42-142-272 Zone Case No. 2399
(15)
83-42-142-273
(16)
Request of Jimmy R. Kelly to change part of Lot 3, Block 7, Morning View Addition,
City of Lubbock, from R-1 to A-2 zoning district, located at East Second Street and
Loop 289.
The Planning and Zoning Commission recommends to the City Council that this request
be approved.
Ordinance No. 8421
In accordance with the notice published on March 16, 1983, In the
Lubbock Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Jimmy R. Kelly
This request for A-2 zoning is to accommodate apartments located at East
Second Street and Loop 289. Adjacent land uses are: vacant R-1 on the north and
south; vacant A-2 zoning on the east; and Loop 289 on the west.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass
Ordinance No. 8421 on first reading. Motion carried: 5 Yeas, 0 Nays.
SMH/mck ORDINANCE NO. 8421
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. 2399; CHANGE
PART OF LOT 3, BLOCK 7, MORNING VIEW ADDITION TO THE CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS FROM R-1 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.
Zone Case No. 1996-D
Request of Sentry Savings Association (for Stanley W. Cameron, Robert E. Johnson, Jr.,
and Robert L. Brewton, Jr.) to change Lots D-lA, D-1B, D-iC and Lot 2, Sentry Park
Addition, City of Lubbock, from C-2A to C-2 zoning district, located at 68th Street
and Aberdeen Avenue.
The Planning and Zoning Commission recommends to the City Council that this request
be approved.
Ordinance No. 8422
In accordance with the notice published on March 16, 1983, in the
Lubbock Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Burl Masters, on behalf of Sentry Savings Association
This request for open C-2 Is primarily to accommodate building heights that are not
permitted under C-2A zoning. Maximum heighth for C-2 district is 75 feet whereas
maximum allowable heighth for C-2A is 24 feet. The general area is conducive to
commercial development. Adjacent land uses are: existing office building on the
north; vacant A-1 limited to townhouses on the south; grocery store on the east; and
vacant C-2A on the west.
14.3 `
83-42-1437274
(17)
R 3 11983
At the public hearing before the Planning and Zoning Commission, this scale or mass
of the building allowed In a C-2 district would be appropriate for this site, and
the proponent Is primarily interested In developing office -type building uses. C-2A
was originally designed for shallow -type lots in commercial shopping centers that
front thoroughfares and was not really appropriate for this location, but would be
allowable for C-2 zoning and would be compatible with existing development in the
area.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass
Ordinance No. 8422 on first reading. Motion carried: 5 Yeas, 0 Nays.
SMR/mck
ORDINANCE NO. 8422
AN ORDINANCE AMEN -DING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE
CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1996-D; CHANGE
LOTS D-1A, D-1B, D-1C, AND LOT 2, SENTRY PARK ADDITION TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, FROM C-2A to C-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.
Zone Case No. 2381-A
Request of Bob L. Ford (for Bill Sissons) for a Specific Use zone change from C-2
to C-3 Specific Use Permit under provisions of Section 22.3-23 of the zoning
ordinance for a skating rink on part of Lot 770, Pleasant Ridge Addition, City of
Lubbock, located at Fourth Street and Loop 289.
The Planning and Zoning Commission recommends to the City Council that this request
be approved.
In accordance with the notice published on March 16, 1983, in the
Lubbock Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Bob Ford
Bill Sissons
This request for C-3 Specific Use is to accommodate a skating rink In the area that
was zoned for C-2 just two months previously. Adjacent land uses are: a grocery
store on the north; A-1 apartments under construction on the south and west; and
existing R-1 on the east.
This request was approved by P&Z over staff's recommendation for denial for the
reason that a skating rink is an Inappropriate land use at this location because of
its close proximity to residential development. Characteristically, skating rinks
have heavy use at late evening hours and on weekends with congested parking and
heavy traffic which is difficult to control or supervise. Additionally, the
structure for a skating rink is "barn -liken' and Is not compatible to this area.
At P&Z and again before the Council, proponents Indicated that there would be very
little time for open skating at the rink, as It would primarily be used for a roller
hockey training facility, of which Mr. Sissons Is an active participant. Both
proponents gave a lengthy historical background of the number of Lubbock residents
(three teams with Olympic capabilities) who five in Lubbock and are active in roller
hockey, but must travel to Fort Worth for training purposes. They also cited their
various accomplishments In regional, state, national, and International competition,
and stated that the rink would only be open to the public on weekends.
Before P&Z, the site plan presented had a couple of areas of concern --inadequate
landscaping and the proposed placement of video game machines (C-3 zoning does not
allow for gameroom uses). The problems before the P&Z related to the activity level
of the skating rink and its compatibility to the residential area; the Insufficient
landscaping; the provision that should a skating rink operation cease to function,
the land was to revert to C-2 uses; the skating rink was to close at 12:00 p.m.; and
the median on Fourth Street would need to be removed to provide continuous two-way
lane turn for better access to the premises. The staff also commented that there
was 20 percent written opposition by the residents adjacent to the site.
The Council was greatly concerned about the use of the facility when it was not
being utilized by the roller hockey teams In training, and with persistent ques-
tioning, they finally received from the proponent a percentage indicating that the
facility would be used 90 percent of the time by the teams for training and 10
percent of the time for recreational or open skating. There would be accommodations
for chartering the facility in the evenings or on weekends. The teams, it seems,
practice or train of an evening inasmuch as all of the team members are gainfully
employed and would use the facility for training without charge.
144
In response to Council query as to the applicability of video games on the premises
when the entire time was to be used for training and practice, there was no firm
answer as to the necessity of video games on the premises at all. Lenghthy dis-
cussion further created a doubt as to how the premises could be funded If the
practice teams were to practice without a charge, and the open or recreational
skating was to be available only on weekends with a 12:00 midnight curfew. The
proponents' only response was that in the event that the facility did not succeed,
It would revert to C-2 uses.
There was no opposition present In the Council Chambers, although 20 percent
opposition by the residents was filed before P&Z which would require 4/5's vote of
the Council. There being no further discussion, the hearing was closed.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to override
Planning and Zoning and deny the requested zone change. Motion carried: 3 Yeas,
2 Nays. Councilwoman Baker, Councilman Brown, and Mayor Pro Tem Henry voted Yea;
Mayor McAlister and Councilman Aderton voted Nay.
83-42-144-275 Zone Case No. 2212-A
(18)
Appeal of Donald Curry (for James T. Daniel) for a Specific Use zone change from
R_-1 to C-4 Specific Use Permit under provisions of Section 22.3-10 of the zoning
ordinance for a retail nursery on a tract of land out of Section 5, Block E,_City
of Lubbock, located east of Avenue P and about 700 feet south of Loop 289.
The Planning and Zoning Commission recommends that this request be denied.
Ordinance No. 8423
In accordance with the notice published on March 16, 1983, in the
Lubbock Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Donald Curry, Attorney for James T. Daniel
This request for C-4 Specific Use is to accommodate plant and landscape stock on a
site located east of Avenue P and south of Loop 289. Adjacent land uses are: vacant
A-1 and C-4 zoning on the north; vacant R-1 on the south; existing R-3 Including a
mobile home park on the east; and existing R-1 on the west. The proponent rents
this tract from the owner of the mobile home park located on the east and It is
situated within a larger area of which C-4 zoning is In front of the tract adjacent
to the Loop on the north. The P&Z denied the C-4 Specific Use Permit because of Its
proximity to existing R-1. Upon the recommendation of the staff, the proponent Is
requesting, before the Council, R-1 Specific Use to be compatible with existing R-1
and the purpose Is to be used as a holding area for landscape material.
The area has never been platted and to purchase the property and plat the tract for
R-1 Specific Use would cost the proponent $90,000, and his business and the purpose
for which he wishes to use it does not justify this expenditure. The property has
never been used for anything, and access to the tract Is from a dirt road off of an
extension of Avenue P south of the Loop, which Is officially designated a County
road.
Thorough discussion reflected there were to be no retail sales transacted on the
premises. The proponent Intended to take clients to the area to select the proper
landscaping material that they wished to purchase, but the landscaping business
Itself Is transacted from another location --this Is merely to be a holding tract for
his landscaping materials.
Following all discussion and no opposition being present In the Chambers, the
hearing was closed.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass
Ordinance No. 8423 granting the request for R-1 Specific Use with the stated
condition that there will be no retail safes. Motion carried: 5 Yeas, 0 Nays.
SMH/mck ORDINANCE NO. 8423
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. 2212-A; A
SPECIFIC USE ZONE CHANGE FROM R-1 TO R-1 SPECIFIC USE PERMIT UNDER PROVISIONS OF
SECTION 22.3-10 OF THE ZONING ORDINANCE, FOR A PLANT NURSERY ON A TRACT OF LAND
OUT OF SECTION 5, BLOCK E TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT
TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY
CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
MAR 31. 1993
145
F
83-42-145-276 Zone Case No. 1490-E
(19) Appeal of Donald L. Curry (for South Plains Chevrolet, Inc.) to change Lots 1-A and
2-A Fiesta Autoland Center Addition, City of Lubbock, to amend the site plan
located at Loop 289 and Slide Road.
The Planning and Zoning Commission recommends that this request be denied.
In accordance with the notice published on March 16, 1983, In the
Lubbock Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Donald Curry, Attorney for South Plains Chevrolet, Inc.
This case before P&Z was to amend the site plan deleting a condition originally
placed on the original zone case which required a six-foot screening fence along
Slide Road for the Fiesta Autoland plat. The proponent was requesting Instead to
Install a two -foot fence with landscaping between the fence and the property line at
Slide Road --not only aesthetically to be more acceptable but It would allow for the
placement of new vehicles on the Slide Road side for public viewing. The proponent
submitted petitions circulated through the residential area which reflected that 80
percent of those contacted were in favor of this aesthetic improvement.
Adjacent land uses are: Loop 289 on the north; existing C-4 development on the
south; vacant C-4 with scattered commercial development on the east; and existing
commercial and R-1 developments on the west.
Historically, a convenant was made between the property owners of Ranch Land Acres
at the time the tract was originally rezoned in 1967 which provided for the six-foot
screening fence, and the convenant stipulated that It would always remain. The
fence has been patched from time to time in nonmatching brick, and the maintenance
with the tumble weeds and trash that blows in on the Slide Road side has been
neglected at times. The bone of contention according to Assistant City Manager
Jim Bertram is that the covenant was made In 1967, and those property owners still
In the area feel that it should be honored even though the area has developed and
expanded and ceases to be as it once was in Its original state.
Opponent: Don Graf, Attorney for the property owners
Mr. Graf, on behalf of the property owners, indicated that this zone change amending
the site plan has been submitted from time to time since 1967, and the property
owners still feel that the convenant should be honored. In addition to the
aesthetic improvement as presented by the proponent, it is felt by the property
owners that the real reason for wanting the condition on the site plan of lowering
or removing the fence Is to allow the proponent the opportunity to display new
vehicles on Slide Road which would in turn create a traffic congestion as passers-by
would slow down to view the latest models of vehicles.
Additionally, although no definite statement has been actually made, it is felt by
the property owners that the tract facing 69th Street could be developed into better
uses by the proponent if the fence were removed and the development would face 69th
rather than Slide Road as It is now platted. He again stated that the covenant
should be honored as granted by P&Z between the property owners and the proponent In
the original zone case. There were several property owners present in the Chambers
In support of this position.
Following all discussion and staff comments, the hearing was closed.
The motion was made by Councilman Aderton that the request be granted --overriding
P&Z to allow removal of the fence and construction and Installation of not only
landscaping but a sidewalk as Indicated by the proponent. Councilman Aderton
further stated that the reason for his motion is that the wall will be a great
enticement to graffiti If allowed to remain.
Councilman Brown indicated that both sides
to him that a compromise would be possible
to so mandate, and he could not second the
The motion died for lack of a second.
have something to be gained. It seemed
but that it Is not the Council's position
motion because of the existing covenant.
The motion was then made by Councilwoman Baker that P&Z be upheld and that the
request be denied. This motion too died for lack of a second.
The motion was then made by Councilman Brown, seconded by Mayor Pro Tem Henry to
continue the public hearing on this zone case until April 28 to allow both sides
Involved In the issue to try to reach a compromise whereby the objectives of both
parties could be achieved and to come back on the April 28 with a suggested
compromise. Motion carried: 5 Yeas, 0 Nays.
146
MAR 31 1983
i
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Bonnie McKee a Notary Public in and for Lubbock day
1983, at 10:%> A,MM tm thE;GitY
personally appeared �w_ LaAufilI Account Manager of'rgPnCiIC.harnbers�onthesecopd spa_
pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, �a�°�roficonder'.t;�1e,�reirha who
tlations of tC.Plann 6,n .Snd Xanrng
being by me duly sworn did depose and say that said newspaper has been publicicahrpr ny4hetiezinini`wijetemore
than fifty-two weeks rior to the first insertion of this _Leal Notiee-��+erased,.;ana�t;wn;cr*t�mena:'aer
'A eceall'in1H,l"SYQ(1 per56nYWll1 �3
word- 213.0 No 656445 at Lubbock Countv. Teaiierp—,4nop°h rupit,+te 60,164rd print-
wh ed copy of the Notice is a true copy of the original and cit`'ttdete'c'i4, hether,:the,Zon.)bock
March r c h 16 v 19 8 3. ing ordinance -afid'.:mao. vziil �be!�
Avalanche -.Journal on the followingdates: amended in,accordance with,such;
recommendation:
L-609 1: ZONE CASE NO. 2397—Request
M: Girl Wh-1.,-fn'k.n — -.—
A . ccount Manage
LUBBOCK AVALANC'HF,JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me thisl6th day of March t9
FORM 58-10
body Shops
0 private clubs antl
>s "
PUBLISHER'S AFFIDAVIT
FOR THE FOLLOWING ZONE CASES:
Zone
Case
1931-A
83-42-140-269
(13)
Zone
Case
2397
83-42-141-270
(12)
Zone
Case
2398
83-42-141-271
(14)
Zone
Case
2399
83-42-142-272
(15)
Zone
Case
1996-D
83-42-142-273
(16)
Zone
Case
2381-A
83-42-143-274
(17)
Zone
Case
2212-A
83-42-144-275
(18)
Zone
Case
1490-E
83-42-145-276
(19)
83-42-146-277 Consider Bid #7250 for radios (Radio Shop).
(43)
Items 1-11B General Electric Company
Mobil Communications Division
Lubbock, Texas
83-42-146-278 Consider Bid #7268 for miscellaneous electric items (warehouse stock).
(44)
Items 1-2 . Westinghouse Electric Supply Company
Lubbock, Texas
Items 3-4, 9, 11, 14 . Nelson Electric Supply Company
Lubbock, Texas
Items 5, 12-13 . Temple, Inc.
Lubbock, Texas
Items 6-8, 15-17 Elgin B. Robertson, Inc.
Lubbock, Texas
83-42-146-279 Consider Bid #7272 for communication logging tapes (Police).
(45)
Item 1 Dictophone Corporation
Plano, Texas
147
MAR 31 1993
83-42-147-280
Consider Bid #7251
for various trucks (various departments).
(46)
Item 1
Pollard Friendly Ford Company
Lubbock, Texas
Items 2-4
South Plains International Truck Company
Lubbock, Texas
83-42-147-281
Consider Bid #7259
for bucket trucks (Elec. Dist.)
(47)
Items 1-2
Commercial Body Corporation
San Antonio, Texas
Item 3
U.E.C. Equipment Company
Oklahoma City, Oklahoma
83-42-147-282 Consider Bid .#7274 for emergency light bars (Radio Shop).
(48)
Item 1 Law Enforcement Equipment Company
Farmers Branch, Texas
83-42-147-283 Consider Bid #7298 for weathermatic parts (Parks & Rec.)
(49)
Item 1 D & R Sprinkler Company
Lubbock, Texas
83-42-147-284
Consider Bid
#7283 for
asphalt distributor (Aviation).
(50)
Item 1
Conley -Lott -Nichols Machinery
I
Lubbock, Texas
83-42-147-285
Consider Bid
#7265 for
self-propelled mower (Aviation).
(51)
Item 1
Colonial Motor Company
Dallas, Texas
83-42-147-286
Consider Bid
#7278 for
wallboard and Insulation material (Fire Dept.)
(52)
Item 1
Walker Lumber
Lubbock, Texas
Item 2
Duncan Wholesale Lumber
i
Lubbock, Texas
83-42-147-287
Consider Bid
#7191 for
circuit breakers, and authorize same (Elec. Dist.)
3
(53)
Item 1
A.N.D. Power Sales
�See Reso. 1358 file
Oklahoma City, Oklahoma
I for Material Purchase
Specifications.
Item 2
C. B. Anderson
Amarillo, Texas
i
$
Resolution No. 1358
148
MAR 3 11983
RESOLUTION NO. 1358
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, A.N.D. Power Sales and C.B. Anderson Electric Company, 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 31st day of March ,1983.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST: _w
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Carroll McDonald
Carroll McDonald, Director
Electric Utilities
/S/ Ken Johnson
Ken Johnson, Assistant City Attorney
CONTRACT AGREEMENT
(EQUIPMENT)
THIS AGREEMENT, made and entered into this 31st day of March ,
19 83 , by and between the City of Lubbock, Texas acting through its Mayor and
City Council thereunto duly authorized so to do, Party of the First Part, and
hereinafter called the Purchaser, and C. B. Anderson Electric Company , a
corporation of Oklahoma , Party of the Second Part, and hereinafter
called the Contractor.
TJTTNTT'i CQP.TU.
THAT WHEREAS, the Purchaser has caused to be prepared, in accordance with
law, specifications, plans, and other contract documents for the work herein
described, and has approved and adopted said documents, and has caused to be
published, in the manner and for the time required by law, an advertisement for
and in connection with acquiring Power Circuit Breakers in accordance with the
terms of this Contract; and
WHEREAS, the said Contractor, in response to such advertisement, has sub-
mitted to the Purchaser, in the manner and at the time specified, a sealed proposal
in accordance with the terms of said advertisement; and
WHEREAS, the Purchaser, in the manner prescribed by law, has publicly opened,
examined, and canvassed the proposals submitted in response to the published
invitation therefor, and as a result of such canvass has determined and declared
the aforesaid Contractor to be the best bidder for the said work and has duly
awarded to the said Contractor a contract therefor, for the sum or sums named in
the Contractor's proposal, a copy thereof being attached to and made a part of
this Contract.
NOW THEREFORE, in consideration of the compensation to be paid to the Contractor
and of the mutual agreements herein contained, the Parties to these presents have
agreed and hereby agree, the Purchaser for itself and its successors, and the
Contractor for itself, himself, or themselves, or its, his, or their successors
and assigns, or its, his, or their executors and administrators, as follows:
ARTICLE I. That the Contractor shall (a) furnish all materials, supplies
and equipment specified and required to be incorporated in and form a permanent
part of the completed work; (b) provide and perform all necessary work; and, in a
good, substantial, and workmanlike manner and in accordance with the provisions of
the General Conditions, and the Instructions to Bidders, (which are attached
hereto and made a part hereof) and in conformity with the Specifications Number
SE-0006-12-022883; (c) execute and complete all work included in and covered by
the Purchaser's official award of this contract to the said Contractor, such award
being based on the acceptance by the Purchaser of the Contractor's proposal, or
part thereof, as follows:
149
7,�
F��
ARTICLE II. That the Purchaser shall pay to the Contractor for the per-
formance of the work embraced in this Contract, and the Contractor will accept as
full compensation therefor, the sum (subject to adjustment as provided by the
Contract) of Twenty-five Thousand, Seven Hundred and Sixteen Dollars
($25,716.00 ) for all work
covered by and included in the Contract award and designated in the foregoing
Article I.
ARTICLE III. The Contractor shall proceed with the work to be performed
under the provisions of this Contract on, or within ten (10) days following, the
date of public acceptance of the Contractor's proposal by the Purchaser. Contractor
shall not delay the start of the work to be performed under the provisions of this
Contract except by written order from the Purchaser. Contractor shall complete
said work by September 1983
IN WITNESS WHEREOF, the Parties hereto have executed this Contract as of day
and year first written.
CITY OF LUBBOCK
BY:/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Carroll McDonald
APPROVED AS TO FORM:
/S/ Ken Johnson
Ken Johnson, Assistant City Attorney
PARTY OF THE SECOND PART (CONTRACTOR)
BY:
ATTEST:
Signature of Officer
Secretary Title
NOTE: This Contract must be signed by the President or Vice President of the
Contractor's firm and attested by the Secretary of the firm. If the Contract is to
be signed by any person other than the President or Vice President, then a Board
Resolution authorizing said person to sign and bind the firm must be included with
each copy of the Contract.
CONTRACT AGREEMENT
(EQUIPMENT)
THIS AGREEMENT, made and entered into this 31st day of March ,
19 83 , by and between the City of Lubbock, Texas acting through its Mayor and City
Council thereunto duly authorized so to do, Party of the First Part, and hereinafter
called the Purchaser, and A N D Power Sales , a corporation
of Oklahoma , Party of the Second Part, and hereinafter called the Contractor.
WITNESSETH:
THAT WHEREAS, the Purchaser has caused to be prepared, in accordance with law,
specifications, plans, and other contract documents for the work herein described,
and has approved and adopted said documents, and has caused to be published, in the
manner and for the time required by law, an advertisement for and in connection
with acquiring Power Circuit Breakers in accordance with the terms of this Contract;
and
WHEREAS, the said Contractor, in response to such advertisement, has submitted
to the Purchaser, in the manner and at the time specified, a sealed proposal in
accordance with the terms of said advertisement; and
WHEREAS, the Purchaser, in the manner prescribed by law, has publicly opened,
examined, and canvassed the proposals submitted in response to the published
invitation therefor, and as a result of such canvass has determined and declared
the aforesaid Contractor to be the best bidder for the said work and has duly
awarded to the said Contractor a contract therefor, for the sum or sums named in
the Contractor's proposal, a copy thereof being attached to and made a part of this
Contract.
150
NOW THEREFORg,-in consideration of the compensation to be paid to the Contractor
and of the mutual agreements herein contained, the Parties to these presents have
agreed and hereby agree, the Purchaser for itself and its successors, and the
Contractor for itself, himself, or themselves, or its, his, or their successors and
assigns, or its, his, or their executors and administrators, as follows:
ARTICLE I. That the Contractor shall (a) furnish all materials, supplies
and equipment specified and required to be incorporated in and form a permanent
part of the completed work; (b) provide and perform all necessary work; and, in a
good, substantial, and workmanlike manner and in accordance with the provisions of
the General Conditions, and the Instructions to Bidders, (which are attached hereto
and made a part hereof) and in conformity with the Specifications Number
SE-0006-12-022883; (c) execute and complete all work included in and covered by the
Purchaser's official award of this contract to the said Contractor, such award
being based on the acceptance by the Purchaser of the Contractor's proposal, or
part thereof, as follows:
Power Circuit Breakers
ARTICLE II. That the Purchaser shall pay to the Contractor for the per-
formance of the work embraced in this Contract, and the Contractor will accept as
full compensation therefor, the sum (subject to adjustment as provided by the
Contract) of Two Hundred and Nine Thousand, Six Hundred and Forty-eight Dollars
($209,648.00 ) for all work
covered by and included in the Contract award and designated in the foregoing
Article I.
ARTICLE III. The Contractor shall proceed with the work to be performed
under the provisions of this Contract on, or within ten (10) days following, the
date of public acceptance of the Contractor's proposal by the Purchaser. Contractor
shall not delay the start of the work to be performed under the provisions of this
Contract except by written order from the Purchaser. Contractor shall complete
said work by July 1983
IN WITNESS WHEREOF, the Parties hereto have executed this Contract as of day
and year first written.
CITY OF LUBBOCK
BY: /S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
S/ Carroll McDonald
ISI Ken Johnson
Ken Johnson, Assistant City Attorney
PARTY OF THE SECOND PART (CONTRACTOR)
BY:
Signature of Officer
ATTEST:
Secretary Title
NOTE: This Contract must be signed by the President or Vice President of the
Contractor's firm and attested by the Secretary of the firm. If the Contract is to
be signed by any person other than the President or Vice President, then a Board
Resolution authorizing said person to sign and bind the firm must be included with
each copy of the Contract.
151
83-42-151-288 Consider Bid #7220 for steel poles, and authorize same (Elec. Dist.)
(54)
Low Bidder C. E. American Pole Structures
* See Reso. 1357 file Houston, Texas
for Material
Purchase Resolution No. 1357
Specifications.
DGV:da
RESOLUTION NO. 1357
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 C. E.
American Pole Structures and the City of Lubbock for 115KV tapered tubular steel
transmission poles 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 31st day of March
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Carroll McDonald
Carroll McDonald, Director of Electric
Utilities
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
CONTRACT AGREEMENT
(EQUIPMENT)
THIS AGREEMENT, made and entered into this 31st day of March ,
19 83 , by and between the City of Lubbock, Texas acting through its Mayor and
City Council thereunto duly authorized so to do, Party of the First Part, and
hereinafter called the Purchaser, and C. E. American Pole Structures , a
corporation of Texas , Party of the Second Part, and hereinafter
called the Contractor.
WITNESSETH:
THAT WHEREAS, the Purchaser has caused to be prepared, in accordance with
law, specifications, plans, and other contract documents for the work herein
described, and has approved and adopted said documents, and has caused to be
published, in the manner and for the time required by law, an advertisement for
and in connection with the purchase of 115 KV Transmission Steel Poles in accordance
with the terms of this Contract; and
WHEREAS, the said Contractor, in response to such advertisement, has sub-
mitted to the Purchaser, in the manner and at the time specified, a sealed proposal
in accordance with the terms of said advertisement; and
WHEREAS, the Purchaser, in the manner prescribed by law, has publicly opened,
examined, and canvassed the proposals submitted in response to the published
invitation therefor, and as a result of such canvass has determined and declared
the aforesaid Contractor to be the best bidder for the said work and has duly
awarded to the said Contractor a contract therefor, for the sum or sums named in
the Contractor's proposal, a copy thereof being attached to and made a part of
this Contract.
NOW THEREFORE, in consideration of the compensation to be paid to the Contractor
and of the mutual agreements herein contained, the Parties to these presents have
agreed and hereby agree, the Purchaser for itself and its successors, and the
Contractor for itself, himself, or themselves, or its, his, or their successors
and assigns, or its, his, or their executors and administrators, as follows:
152
MAR 31
ARTICLE I. That the Contractor shall (a) furnish all materials, supplies
and equipment specified and required to be incorporated in and form a permanent
part of the completed work; (b) provide and perform all necessary work; and, in a
good, substantial, and workmanlike manner and in accordance with the provisions of
the General Conditions, and the Instructions to Bidders, (which are attached hereto
and made a part hereof) and in conformity with the Specifications attached hereto;
(c) execute and complete all work included in and covered by the Purchaser's
official award of this contract to the said Contractor, such award being based on
the acceptance by the Purchaser of the Contractor's proposal, or part thereof, as
follows:
115 KV Transmission Steel Poles
ARTICLE II. That the Purchaser shall pay to the Contractor for the per-
formance of the work embraced in this Contract, and the Contractor will accept as
full compensation therefor, the sum (subject to adjustment as provided by the
Contract) of Four Hundred Eighty-eight Thousand Two Hundred and Seventy-one
Dollars and no/100 ($488,271.00 ) for all work
covered by and included in the Contract award and designated in the foregoing
Article I.
ARTICLE III. The Contractor shall proceed with the work to be performed
under the provisions of this Contract on, or within ten (10) days following, the
date of public acceptance of the Contractor's proposal by the Purchaser. Contractor
shall not delay the start of the work to be performed under the provisions of this
Contract except by written order from the Purchaser. Contractor shall complete
said work by August 1983
IN WITNESS WHEREOF, the Parties hereto have executed this Contract as of day
and year first written.
CITY OF LUBBOCK
BY: /S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn. Gaff ga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Carroll McDonald
APPROVED AS TO FORM:
S/ Donald G. Vandiver
PARTY OF THE SECOND PART (CONTRACTOR)
BY:
Signature of Officer
ATTEST:
Secretary Title
NOTE: This Contract must be signed by the President or Vice President of the
Contractor's firm and attested by the Secretary of the firm. If the Contract is to
be signed by any person other than the President or Vice President, then a Board
Resolution authorizing said person to sign and bind the firm must be included with
each copy of the Contract.
153,
83-42-153-289 Consider Bid #7254 for Irrigation system for golf course, and authorize same
(55) (Parks & Rec.)(Rev. Sharing).
Low Bidder H.L.C. Construction, Inc.
San Angelo, Texas
Resolution No. 1351
JMS:js RESOLUTION NO. 1351
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a contract for installation of
irrigation system on twenty-seven holes and renovation of four greens at Meadowbrook
Golf Course between the City of Lubbock and HLC Construction, Inc., which contract
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 31st day of March , 1983.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
IS/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Lawrence Banks
for Jim Weston, Director of Community Facilities
APPROVED AS TO FORM:
ISI Joan M. Sherwin
Joan M. Sherwin, Asst. City Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 31 day of March
A.D. 1983, by and betwen the City of Lubbock, County of Lubbock, State of Texas,
acting by and through Bill McAlister _ , Mayor, thereunto authorized to
do so, hereinafter referred to as OWNER, and
HLC Construction Inc., P. 0. Box 48, San Angelo, Texas 76902
of the City of Lubbock —, County of Lubbo
and State of Texas _1 hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the conditions
expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
27 holes of irrigation and greens renovation for Meadowbrook Golf Course,
Lubbock, Texas, as per City of Lubbock Bid No. 7254.
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.
154
WAR 3 11983
The CONTRACTOR hereby agrees to commence work within ten days after the date
written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance
of the contract in accordance with the proposal submitted therefor, subject to
additions and deductions, as provided in the contract documents in the sum of
$ 326,979.65
IN WITNESS WHEREOF, the parties to these presents have executed this agreement
in Lubbock, Texas in the year and day first above written.
CITY OF LUBBOCK, TEXAS
/S/ Bill McAlister
Mayor
ATTEST:
ISI Evelyn Gaffga
City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Lawrence Banks
F.-V0,0011 W1WVy*W1] 11111101 J4 9
S/ Joan M. Sherwin
ATTEST:
Secretary
CONTRACTOR
BY:
TITLE:
COMPLETE ADDRESS:
83-42-154-290 Consider Bid #7280 for electrical wiring, and authorize same (Fire Dept.)
(56)
Low Bidder A-1 Service Electric
See Reso. 1352 file Lubbock, Texas
for attachments.
Resolution No. 1352
KJ/mck RESOLUTION NO. 1352
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 A-1 Service Electric for electrical wiring for training building 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 31st day of March 1983.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Tom Foster
1,55
F
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 31st day of - March
A.D. 1983, by and betwen the City of Lubbock, County of Lubbock, State of Texas,
acting by and through Bill McAlister Mayor, thereunto authorized to do
so, hereinafter referred to as OWNER, and
A-1 Service Electric
of the City of Lubbock County of Lubbock
and State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the conditions
expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
Specifications and conditions are described and outlined in attachment "A"
as is incorporated herein by reference.
and all extra work in connection therewith, under the terms as stated in the
contract documents and at his (or their) own proper cost and expense to furnish
all materials, supplies, machinery, equipment, tools, superintendence, labor,
insurance and other accessories and services necessary to complete the said
construction in accordance with the contract documents as defined in the General
Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date
written notice to do so shall have been given.to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance
of the contract in accordance with the proposal submitted therefor, subject to
additions and deductions, as provided in the contract documents and.to, make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement
in Lubbock, Texas in the year and day first above written.
CITY OF LUBBOCK, TEXAS (OWNER)
BY: /S/ Bill McAlister
MAYOR - Bill McAlister
ATTEST:
ISI Evelyn Gaffga
City Secretary -Treasurer
A-1 Service Electric
CONTRACTOR
BY: ISI J. C. (Jake) Myres
J. C. Jake Myres
TITLE: Partner & Owner
ATTEST:
Secretary
COMPLETE ADDRESS:
A-1 Service Electric
5116 Santa Fe Drive
Lubbock, Texas 79407
Phone: 806-795-7929
156
BAR 3 1.1993
k
F
83-42-156-291 Consider Bid #7288 for pipeline, and authorize same (Engineering).
(57)
Low Bidder Panhandle Construction Company
* See Reso. 1353 file
for contract. Lubbock, Texas
Resolution No. 1353
JWF/mck RESOLUTION NO. 1353
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 Panhandle
Construction Company and said City for Northwest Supply Line, Phase No. 1, Bailey
County, Texas in the amount of $936,300.00, 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 31st day of _ March , 1983.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Guy Wilson
Guy Wilson, Water Utilities Engineer
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
83-42-156-292
Consider Bid .#7289 for tunnels, and authorize same (Engineering).
(58)
Low Bidder Holloway Brothers Construction Company
s� See Reso. 1354 file
Lubbock, Texas
for Specifications
and Contract
Resolution No. 1354
Documents.
JWF/mck RESOLUTION NO. 1354
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 Holloway
Brothers Construction Company, Inc. and said City for two bored tunnels across the
Idalou Highway for water lines in the amount of $18,308.40, 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.
1
Passed by the City Council this 31st day of March , 1983.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT: w
/S/ Guy Wilson
Guy Wilson, Water Utilities Engineer
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
157
k ,
71
F�l
83-42-157-293
(59)
See Reso. 1355 file
for contract. a I
83-42-157-294
(60)
See Reso. 1356 file
for Attachment A.
Consider Bid #7267 for road construction, and authorize same (Engineering).
Low Bidder
Ellison Dozier Company
Aspermont, Texas
Resolution No. 1355
M
00
JWF/mck RESOLUTION NO. 1355
%D
C14
1_.
Ln BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
I
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
P to execute for and on behalf of the City of Lubbock a contract between Ellison
P4
04 Dozer Company, Inc. and said City for primary and secondary roads and well stands
U
U and related construction in the amount of $60,210.00, attached herewith which
4 shall be spread upon the minutes of the Council and as spread upon the minutes of
ca
4j this Council shall constitute and be a part of this Resolution as if fully copied
0
W herein in detail.
0 Passed by the City Council this 31st day of March 1983.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Guy Wilson
Guy Wilson, Water Utilities Engineer
APPROVED AS TO FORM:
ISI J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
Consider Bid #7302 for heating and air conditioning, and authorize same
(Fire Dept.)
Low Bidder
Resolution No. 1356
KJ/mck
Bruce Thornton Air Conditioning, Inc.
Lubbock, Texas
RESOLUTION NO. 1356
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 Bruce Thornton Air Conditioning, Inc. for heating and air conditioning
for training building 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 31st day of March 1983.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Tom Foster
Tom Foster, Fire Chief
APPROVED AS TO FORM:
ISI Ken Johnson
MAR 3 1 1983
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 31st day of March
A.D. 1983, by and betwen the City of Lubbock, County of Lubbock, State of Texas,
acting by and through Bill McAlister Mayor, thereunto authorized to do
so, hereinafter referred to as OWNER, and
Bruce Thornton Air Conditioning, Incorporated
of the City of Lubbock County of Lubbock
and State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the conditions
expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
Specifications and conditions are described and outlined in attachment "A"
as is incorporated therein by reference.
and all extra work in connection therewith, under the terms as stated in the
contract documents and at his (or their) own proper cost and expense to furnish all
materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in
accordance with the contract documents as defined in the General Condition of
Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date
written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of
the contract in accordance with the proposal submitted therefor, subject to additions
and deductions, as provided in the contract documents and to make payment on account
thereof as provided therein.
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
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
BY:/S/ Bill McAlister
MAYOR - Bill McAlister
Bruce Thornton Air Conditioning, Inc.
CONTRACTOR
BY: /S/ Bruce Thornton
Bruce Thornton
TITLE: President
ATTEST:
Secretary COMPLETE ADDRESS:
Bruce Thornton Air Conditioning, Inc.
6716 Cedar Avenue
Lubbock, Texas 79404
Phone: 806-745-7944
159
83-42-159-295
(37)
83-42-159-296
(38)
*SEE: Reso. 1359-A
(8/11/83) for Dedication
Deed.
Gene Eads, Purchasing Agent, indicated that all of the above referenced bids met
specifications and were the low bidders.
The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to award
Bids #7250, #7268, #7272, #7251, #7259, #7274, #7298, #7283, #7265, and #7278; to
approve Bid #7191 and to pass Resolution No. 1357 authorizing the contract
associated thereto; to award Bid #7220 and to pass Resolution No. 1358 authorizing
the contract associated thereto; to award Bid #7254 and to pass Resolution No. 1351
authorizing the contract associated thereto; to award Bid #7280 and to pass
Resolution No. 1352 authorizing the contract associated thereto; to award Bid #7288
and to pass Resolution No. 1353 authorizing the contract associated thereto; to
award Bid #7289 and to pass Resolution No. 1354 authorizing the contract associated
thereto; to award Bid #7267 and to pass Resolution No. 1355 authorizing the contract
associated thereto; and to award Bid #7302 and to pass Resolution No. 1356
authorizing the contract associated thereto. Motion carried: 5 Yeas, 0 Nays.
The Council recessed for lunch at 12:00 noon at which time they would meet with the
Human Relations Commission (see Work Session Minutes, 3/31/83) and hold the
Executive Session.
The Council reconvened at 3:15 p.m. to consider the remaining items on the Agenda.
Consider setting time and date for a public hearing for deposit -and -late charge to
amend order and Resolution No. 1290, and notify affected utilities.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to hold this
Item until a later date. Motion carried: 5 Yeas, 0 Nays.
Consider a resolution authorizing the purchase of land for the development of a
South Service Center for municipal operations.
Resolution No. 1359
Development of a South Fuel)-ng and Service Center for Municipal operations was
approved as a Capital Projects Item for 1982-83 at an estimated cost of $300,000
for the purchase of land, site development, and the installation of the fuel system.
The City has negotiated for the purchase of 10.28 acres --to be purchased from
Minnie Helen Jackson of Amarillo, Texas, for $3,000 per acre --located on the
northeast quarter of Section 9, Block E, for developing such a fuel site and service
center for Municipal vehicles. The roads in the area have been dedicated, and the
project should be completed August 15, 1983.
The motion was made by Councilman Brown, seconded by Councilman Aderton to pass
Resolution No. 1359 authorizing the purchase of the above referenced tract for the
purpose of developing the South Fuel and Service Center for Municipal operations.
Motion carried: 5 Yeas, 0 Nays.
JWF:da RESOLUTION NO. 1359
WHEREAS, the City Council of the City of Lubbock finds that land hereinafter
described is needed for public purposes, to -wit: a service point for City vehicles,
and that the owner has expressed a willingness to convey said land to the City of
Lubbock for such purposes; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Right -of -Way Department of the City of Lubbock is
hereby authorized and directed to make an offer on behalf of the City of Lubbock in
the amount of $30,840.00 to Minnie Helen Jackson (as owner) for the purchase by the
City of two tracts of land to be used as set forth in the preamble hereof described
as Tracts One and Two, described by metes and bounds as follows:
TRACT ONE
Field notes on a 5.14 acre tract of land in the Northeast 1/4 of Section 9,
Block E, Lubbock County, Texas;
BEGINNING at a 5/8" iron rod with cap set in the South line of a 60.0 foot
street (Volume 1761, Page 129) for the Northeast corner of this tract, from
whence a railroad spike found at the Northeast corner of Section 9, Block E,
bears North 750.0 feet and North 89°57'00" East, 340.0 feet;
THENCE South, a distance of 497.58 feet to a 5/8" iron rod with cap set for
the Southeast corner of this tract;
THENCE South 89057'00" West, a distance of 450.0 feet to a 5/8" iron rod with
cap set for the Southwest corner of this tract;
166
MAR 3 11983
THENCE North, a distance of 497.58 feet to a 5/8" iron rod with cap set for
the Northwest corner of this tract;
THENCE North 89°57'00" East along the South line of said street, a distance of
450.0 feet to the POINT OF BEGINNING.
Containing 5.14 acres.
TRACT TWO
Field notes on a 5.14 acre tract in the Northeast 1/4 of Section 9, Block E,
Lubbock County, Texas;
BEGINNING at a 5/8" iron rod with cap set for the Northeast corner of this
tract, from whence a railroad spike found at the Northeast corner of Section
9, bears North, 1247.58 feet and North 89057'00" East, 340.00 feet;
THENCE South, a distance of 497.58 feet to a 5/8" iron rod with cap set for
the Southeast corner of this tract;
THENCE South 89°57'00" West, a distance of 450.0 feet to a 5/8" iron rod set
for the Southwest corner of this tract;
THENCE North, a distance of 497.58 feet to a 5/8" iron rod with cap for the
Northwest corner of this tract;
THENCE North 89°57'00" East, a distance of 450.0 feet to the POINT OF BEGINNING.
Containing 5.14 acres.
SECTION 2. Said purchase is to be accomplished by the Right -of Way Department.
Passed by the City Council this 31st day of March 1983.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Thomas A. Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
83-42-160-297 Consider a resolution supporting SB568 (the TML Task Force proposed amendments to
(39) 1269m), relating to fire and police civil service.
Resolution No. 1360
The TML Task Force was appointed to examine 1269m V.A.C.S. (Police and Fire
Civil Service) and to develop beneficial amendments, primarily to allow both the
Police and Fire Chiefs to appoint qualified officers as their flop two ranking
officials below the Chiefs and to allow the City Council to voluntarily establish
assignment pay. The amendments would also allow the Civil Service Commission to, on
a local option basis, establish alternate testing procedures.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass
Resolution No. 1360 supporting Senate Bill 568 and the proposed amendments to 1269m.
Motion carried: 5 Yeas, 0 Nays.
i
161
KJ:da RESOLUTION NO. 1360
WHEREAS, the City Council of the City of Lubbock desires to promote professional
police and fire departments; and
WHEREAS, the City Council of the City of Lubbock believes it to be in the best
interest of the citizens to secure efficient fire and police departments and to
clarify the definitions of "firemen" to insure that civilian employees who perform
non -firefighting duties within the department shall continue to remain outside of
the provisions of article 1269m; and
WHEREAS, to eliminate the three year residency requirement for appointment of
civil service director; and
WHEREAS, if authorized by the City Council or legislative body, to allow the
police and fire chief to appoint qualified officers to the top two positions
immediately below the chief; and
WHEREAS, to allow the City Council to voluntarily establish assignment pay for
employees who are required to perform highly specialized fire and police functions;
and
WHEREAS, to more clearly define the conditions under which a firefighter or
police officer may be considered to be either temporarily or permanently disabled;
and
WHEREAS, to remove the Texas residency requirement for fire chief candidates
and to require that any appointee to that position be eligible to obtain intermediate
certification within two years from the date of appointment; and
WHEREAS, to allow the Civil Service Commission, on a local option basis, to
establish an alternate promotional testing procedure; and
WHEREAS, to allow the fire and police chiefs to take disciplinary action
against an officer who is charged with a criminal offense even though the alleged
act was not discovered for more than six months from the date of occurrence; and
WHEREAS, to allow the chiefs of police departments the authority to assign
"uncompensated duty" in lieu of suspension time; and
WHEREAS, to provide repeal of the provisions of article 1269m in a city by the
same method which allows enactment; NOW THEREFORE:
17,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby authorized and
directed to submit this Resolution relating to firemen's and policemen's civil
service, and such other comments as he may deem appropriate to State Senators
John T. Montford and John Traeger, and State Representatives Froy Salinas and Nolan
"Buzz" Robnett, supporting Senate Bill No. 568, of the Legislature of the State of
Texas in the pertinent parts as outlined above; and
THAT this bill would amend V.A.C.S., article 1269m, Firemen's and Police-
men's Civil Service, according to the aforementioned premises; and
THAT a copy of this Resolution be forwarded to State Senators John T. Montford
and John Traeger, and State Representatives Froy Salinas and Nolan "Buzz" Robnett.
Resolved by the City Council this 31st day of March 1983.
ISI Bill McA1j,-,t-,-_r
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Rita Harmon
Rita Harmon, Asst. City Manager for
Management Services
APPROVED AS TO FORM:
ISI Ken Johnson
Ken Johnson, Asst. City Attorney
162
83-42-162-298 Consider a resolution authorizing the Mayor to execute an assignment of claim to
(40) Commonwealth Lloyds insurance Company.
Resolution No. 1361
The Airport suffered a foss due to glass breakage in March of 1981 resulting from a
severe wind storm, and the insurance company has settled the claim with the City.
Subsequently, the insurance company has decided that there was defective materials
or construction involved and wishes to attempt a recovery from the appropriate
vendor. This action assigns the claim over to the insurance company.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass
Resolution No. 1361 authorizing the above referenced assignment. Motion carried:
5 Yeas, 0 Nays.
JMS:js RESOLUTION NO. 1361
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN ASSIGNMENT OF CLAIM TO
COMMONWEALTH LLOYDS INSURANCE COMPANY WHICH ASSIGNMENT IS MADE PURSUANT TO TERMS OF
A CONTRACT OF INSURANCE BETWEEN THE CITY OF LUBBOCK AND COMMONWEALTH LLOYDS INSURANCE
COMPANY DESIGNATED AS POLICY NUMBER C 56 43 09.
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 Assignment of Claim to
Commonwealth Lloyds Insurance Company, which Assignment is made pursuant to terms
of contract of insurance between the City of Lubbock and Commonwealth Lloyds
Insurance Company designated as Policy Number C 56 43 09; which Assignment of
Claim, 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 _ 31st
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Rod Bouffard
day of March , 1983.
/S/ Bill McAlister
BILL McALISTER, MAYOR
Rod Bouffard, Assistant Director of Finance
/S/ Joan M. Sherwin
Joan M. Sherwin, Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
ASSIGNMENT OF CLAIM
The CITY OF LUBBOCK, TEXAS, hereinafter called "CITY", hereby acknowledges
receipt of the sum of FORTY-EIGHT THOUSAND NINE HUNDRED SEVENTY-TWO AND 93/100
DOLLARS ($48,972.93) from COMMONWEALTH LLOYDS INSURANCE COMPANY, hereinafter called
"COMPANY", which sum was paid to CITY pursuant to the terms of a contract of
insurance, designated as Policy Number C 56 43 09, between CITY and COMPANY and as
a consequence of a loss suffered by CITY, which loss resulted from damage to the
terminal building of the Lubbock International Airport, formerly known as the
Lubbock Regional Airport, located at North Quirt Avenue and Farm Road 2641 in
Lubbock County, Texas.
As consideration for the payment of said sum, CITY hereby assigns to COMPANY
all of its claim or claims against any person, persons, corporation, or corporations,
or other parties, causing or liable for the loss or the damage to said terminal
building or from any insurance effected on such terminal building and any recovery
thereon, provided however, that CITY shall be entitled to receive one -tenth of any
sum so recovered.
163
The CITY covenants that no settlement will be made by the CITY with any
person, persons, corporation or corporations, or other parties against whom a
claim may lie, and no release will be given to anyone responsible for such loss
without the written consent of the said COMPANY; and the undersigned covenants
and agrees to cooperate fully with the said COMPANY, to promptly present claim
and, if necessary, to commence, enter into and prosecute suit against such person
or persons, corporation or corporations, or other parties, through whose negligence
or other fault the aforesaid loss was caused, or who may otherwise be responsible
therefor, with all due diligence, in its own name.
In further consideration of said payment the CITY hereby states that it is
the owner of said property and believes itself entitled to recover upon said
claim for loss or damage thereto, CITY hereby appoint(s) the managers and/or
agents of the said "COMPANY" and their successors severally, its agent(s) and at-
torney(s)-in-fact, with irrevocable power, to collect any such claim or claims,
and to begin, prosecute, compromise or withdraw in its name, but at the expense
of the said "COMPANY", any and all legal proceedings that the said "COMPANY" may
deem necessary to enforce such claim or claims, and to execute any documents that
may be necessary to carry the same into effect for the purposes of this Agreement.
Any legal proceedings are to be under the exclusive direction and control of
said "COMPANY".
EXECUTED this 31st day of March , 1983.
THE CITY OF LUBBOCK, TEXAS
BY: /S/ Bill McAlister.
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Rod Bouffard
Rod Bouffard, Asst. Director of Finance
APPROVED AS TO FORM:
/S/ Joan M. Sherwin
Joan M. Sherwin, Asst. City Attorney
83-42-163-299 Consider Claim No. 82-C-649 for automobile damage. (Mike R. Davis, $1,450.00)
(41)
The motion was made by Councilman Brown, seconded by Councilwoman Baker to deny
Claim No. 82-C-649. Motion carried: 5 Yeas, 0 Nays.
83-42-163-300 Consider Claim No. 82-C-643 for damage to restaurant due to sewage backup and
(42) overflow. (Thomas R. Bragg --Der Wienerschnitzel, $1,000.00)
The motion was made by Councilwoman Baker, seconded by Councilman Brown to deny
Claim No. 82-C-643. Motion carried: 5 Yeas, 0 Nays.
83-42-163-301 Consider resolution authorizing the City Manager to sign a grant application for
(42A) Criminal Justice funds on behalf of Big Brothers and Big Sisters.
Representative of Big Brothers/Big Sisters, Stan Williams, appeared before the
Council to thank them for their support before SPAG for funds referenced above; and
although denied this year, It possibly will pave the way for requests of subsequent
years.
83-42-163-302 Consider four appointments to the COMMUNITY SERVICES COMMISSION. Categories:
(61) Representative of City Health Board, Representative of Lubbock Christian College,
Representative of LULAC, and Representative of East Lubbock Ministerial Alliance.
NOTE: Elections for the Target Area representatives are handled separately.
This item was deleted from the Agenda.
164
MAR 3 11983
At 3:20 p.m., with all matters of business completed, the Mayor read a statement to
the news media and others present In the Council Chambers regarding decisions made
In Executive Session
It is the consensus of the City Council's Legal staff to appeal the decision
regulating the at -large election for the following reasons:
(1) The amendment to the Voting Rights Act on which the Court's decision
regarding single -member districts was based has never been completely
Interpreted at the appellate level, and the Council felt that this
Interpretation should be sought.
(2) It is in the interest of the citizens of Lubbock under the Charter
provisions as stated that the Council protect these rights of the citizens
to hold an election of their choice as stated in the Charter, and It is
their duty to appeal the Court's decision In the best interests of the
citizens.
(3) It is the Council's intent to protect the citizens from paying substantial
costs in accordance with the claims filed by the plaintiffs in the recent
litigation affecting elections at large, and these proposed costs should be
subject to appellate review.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to adjourn
at 3:47 p.m. Motion carried: 4 Yeas, 0 Nays. Mayor Pro Tem Henry was absent from
the Chambers.
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L IS R, YO
ATTEST:
velyn Ga ga, ity S r -Treasurer
Read and approved this 14th day of April 198
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BI McALISTER, MAYOR
ATTEST:
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Evelyn G 'fga, City S c t -Treasurer