HomeMy WebLinkAboutMinutes - City Council - Regular - 4/14/1983165
APR 14 1983
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
APRIL 14, 1983
The City Council of Lubbock, Texas, met for its regular meeting Thursday, April 14,
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.
83-42-165-303 The invocation was given by Mayor Pro Tem Alan Henry.
(01)
83-42-165-304 The Pledge of Allegiance to the Flag was given in unison b those (02) Council Chambers. Y present In the
83-42-165-305 Approval of Minutes --Regular Meeting, March 31, 1983
(03)
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to
approve the Minutes as submitted. Motion carried: 5 Yeas, 0 Nays.
Proclamation
83-42-165-306 "Private Property Week" - April 14-21, 1983
(04)
Receiving: Sid Shavor, President of Lubbock Board of Realtors
Dave Reinuear, Vice President of National Association
of Realtors, Lake Charles, Louisiana
Don Baker, Chairman of PR Committee, Lubbock Board of Realtors
Bob Dozier, President of West Texas Home Builders Association
Bob Hutson, President of H.O.W.
George Jackson, Executive Director of West Texas Home Builders
Association
83-42-165-307 "Accounting Emphasis Week" - April 19-21, 1983
(05)
Receiving: Dr. Don Finn, Faculty Co -Chairman of
Accounting Emphasis Week
Kimberly Vincent, Beta Alpha Psi President
Paige Franklin, Tech Accounting Society President
Eric Kelbler, Beta Alpha Psi Treasurer
Karen Means, Student Co -Chairman of Accounting Emphasis Week
Jodie McGoughey, Student Co -Chairman of
Accounting Emphasis Week
83-42-165-308 "March of Dimes WalkAmerica Day"" - April 24, 1983
(06)
Receiving: B. J. McCrone, Executive Director
Jeff Klotzman, WalkAmerica Chairman
Jane Prince Jones, Publicity Chairman
83-42-165-309 "Beta Sigma Phi Week" - April 24-30, 1983
(07)
Receiving: Barbara Gradel
Phyllis Jones
83-42-165-310 "Medical Laboratory Week"" - April 10-16, 1983
(08)
Receiving: Brian Bickel, President of District 14 of the
Texas Society for Medical Technology
Mary Ann Harrison, R.N., Veterans Administration
Out -Patient Nurse
83-42-166-311
(09)
Phil Hoel, Chairman of the Parks &R creation Board,
wiCenterll
appear
t Parpresent
recommendations for naminga new Se
k.
Phil Noel appeared before the Council
tIndicate
that
has beennew
comp{eted and in
building located at Amherst Street and Gary Avenue
operation. The Neighborhood Association submitted a petition to the
Parks & Recreation Board containing 114 signatures requesting that the facility be
named Arnett -Benson Senior Citizens Center. it has been a general practice of the
Council to require the submission of three suggested names for un-named parks and
other facilities. However, in light of the residents of the neighborhood feeling so
strongly about the situation as reflected Arnett-Bensontition, the Park Board
Senior Citizens Center" be
unanimously recommends that .the name
approved for this new facility.
The motion was made by Councilwoman Baker,
seconded
by Mayor
Pro
Tem Henry
Amhertoaaccept
the recommendation of the Park Board designating
Gary be "Arnett -Benson Senior Citizens Center." Motion carried: 5 Yeas, 0 Nays.
Rev. Art Preisinger, repr
83-42-166-312 esenting Concerned Citizens of Lubbock, will appe
ar to
(10) resent a statement concern
In and explainingthe Prayer Vi it to be held on
April 14, 1983.
Marvin Rogers, Attorney for the Concerned Citizens of Lubbock, and
Rev. Art Preisinger appeared before the Council to make a statement related to their
holding a procession and Prayer Vigil at the entrance of City Hall on this date from
10:00 a.m. to 12:00 noon to express them a°dcern over the Court'sede�ision'rediatedlto same.
to
appeal the Single -Member District Lawsuit
Mr. Rogers comments prefacing the official statement Indicated that this was a
no -win situation, that there was no Intimidation Intended, that this was not a
threat, and that there would bhenexistinncpr blemthe CofcfairdCitizens representat;onlonwant the to
be a part of the solution to 9
Council.
Rev. Preisinger, a Lutheran minister, read into the record the following statement:
STATEMENT OF PURPOSE FOR PRAYER VIGIL
Recently, the Mayor of Lubbock and others in our community have said
that the Lubbock City Council election process is not a racial matter,
and does not Involve race. That assertion is wrong. Race is involved
and white citizens in Lubbock need to understand that fact if they are
ever to understand anything else about their relationships with the
45,289 people who together comprise the two largest minority groups In
the city. Those 45,289 people, over a fourth of the people who live In
Lubbock, know that this Phateis whatlitsha race. always beenire aboutection
process involves race. T
Blacks and Mexican -Americans In our community have been effectively
shut out from ever serving on the Lubbock City Council. This is
because minority votes are always overwhelmed -- "diluted" Is the term
the law uses -- by the votes of the white majority. The result has
been that no Black person and no Mexican -American person has ever been
elected to our city council. These minorities are forced to live under
an all -white city government, and there Is the tragic possibility that
things will stay that way. To say that such a situation does not
involve race is to betray the most fundamental kind of ignorance about
Lubbock and Its people.
This situation is not about abstract theories of municipal government.
It is about the fact that over 26% of the population of this city is
locked Into a governmental system which deprives them of the
opportunity to serve on the governing body under which they live.
They are not deprived of that opportunity by any factor except race.
Do you, as white leaders of Lubbock, want to know what 45,289 of your
fellow citizens who are Black or Mexican -American feel about this
situation? They feel just exactly as you would feel if you were made
aware time and time again, over the years, that you could not ever
serve your city as a member of the City Council, because you are the
i
wrong race or live in the wrong place.
They feel just exactly as you would feel if you watched helplessly
while the City of Lubbock spent thousands of your tax dollars on
expensive outside legal advice to keep the system intact, so that no
ail
white person could ever be elected. You would feel alienated, hurt and
angry. So do they.
This situation involves racism. it involves insensitivity to the
aspirations of thousands of our fellow citizens both now and in the
future. It involves the unwillingness to give up the entrenched
j majority power system Inherited from the ugly days of blatant racial
segregation and discrimination in the history of Lubbock. It involves
the outworn thinking of a bygone day, and an unwillingness to set one's
face toward the future. it involves the narrow self-interest of a few
,,ii+d�tane who either cannot or will not take the larger view of
167
7�
James Russell Lowell wrote in one of his great poems, which has now
become a hymn In most Christian Churches, "New occasions teach new
duties, time makes ancient good uncouth." So It is here in Lubbock in
the 1980's. Whatever good there may once have been In our present
election system in Lubbock, that system is now uncouth. it hurts our
minority citizens. It is offensive to them, as well as to white
citizens who want to see Lubbock advance and improve. We do not want
to stagnate In a backwater of racial discrimination.
We are deprived of the talents and abilities of our minority citizens
who have wanted to serve on the City Council. Furthermore, it Is
devastating for the economy and future development of Lubbock to have
the reputation that is ours as a result of our racial intransigence.
Perhaps you, as citizens of Lubbock, feel as we do about this matter.
If you understand the Judeo-Christian duty to love and seek the good of
our fellow human beings -- then you will want to see this ugly
carryover from a past era eliminated from our modern community. If you
do feel this way, or begin to feet this way, you will join us in our
efforts to obtain justice for all of our fellow citizens. Then what
we teach our children in Government class can become a reality in our
city. Then you will reconsider your present course of action.
Concerned Citizens of Lubbock
Delivered before the City Council
April 14, 1983
83-42-167-313 Ed Stiles will appear to present Bid #7311 for repairs to K. N. Clapp Pool and
(11) buildings, and authorize same.
Resolution No. 1362
Mr. Ed Stiles appeared before the Council in regard to the above referenced matter.
One hundred and fifty thousand dollars of Revenue Sharing Funds were allocated by
the Council for repairs and renovations of Clapp Swimming Pool of which $11,000 has
been used for architect's fee and $2,000 for the printing, advertising, and mis-
cellaneous expenses related thereto.
There are two primary phases to the project --the renovation of the pool structure
which includes refilling joints and repairing cracks, repairing ladders and other
deck equipment, and repainting the pool; and secondly, the renovation of the pool
buildings, all of which badly need reroofing as well as interior and exterior
painting and repairs of electrical, plumbing and mechanical equipment. The bids
Included a base bid plus Alternates 1 through 4, the alternate bids relating to the
pool buildings only.
Alternate #1 - This alternate deletes only interior renovatioln to the concession
area.
Alternate #2 - All Interior renovation of the pool buildings is deleted.
Reroofing, fascia/soffit repairs, and exterior painting are not deleted.
Alternate #3 - This alternate deletes fascia/soffit repairs and exterior
repainting. Reroofing and all interior repairs are not deleted.
Alternate #4 - This alternate deletes those items deleted in Alternate 3 plus
reroofing. All interior repairs are not deleted.
Bidder
Base Bid
Aft #1
Alt #2
Alt #3
Alt #4
H. R. Bundock, Inc.
170,654
-9,100
-42,748
-4,900
-19,000
Knox, Galley & Meador
188,950
-5,500
-40,000
-5,500
-15,500
Lubbock Development Co., Inc.
185,027
-4,742
-25,218
-9,784
-24,063
Pharr & Pharr Enterprises
158,917
-8,331
-41,000
-5,026
-17,900
Lloyd Price Construction Co., Inc.
168,800
-5,600
-28,000
-4,500
-15,400
C.B. Thompson Construction Co., Inc.
190,495
-8,200
-60,000
-5,000
-16,960
Wardroup & Associates, Inc.
179,400
-9,000
-41,000
-6,000
-20,000
It Is the staff's recommendation that the contract for the pool renovation be
awarded to Pharr & Pharr Enterprises who submitted a base bid of $158,917 which is
within the allocated funds when deducting Alternate #2 of $41,000 providing a
contract for $117,917 which would Include all renovations and repairs to the pool
and the filtration system and would Include the reroofing and the fascia and
exterior painting of the buildings. This would make the total contract amount of
$137,000.
Additionally, the Council was apprised that attention needs to be given to the
renovation of the concession area in order to comply with current health standards
and that a change order could be placed into effect and this would not alter the
mechanical work to the pool repairs still allowing for a mid -June completion date.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to award
Bid #7311 to Pharr & Pharr Enterprises for a base bid of $158,917 less Alternate #2
of $41,000 deleting all interior renovation to pool buildings but allowing for
reroofing. fascia and exterior naintinn to the nool hi,ildinns_ anti annrnvinn
168
JMS/mck RESOLUTION NO. 1362
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 Pharr and Pharr Enterprises for labor and materials to repair K.N.
Clapp Swimming Pool and Buildings, 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 14th day of April 5 1983.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Lawrence Banks
Lawrence Banks, Administrative Assistant
for Community Facilities
APPROVED AS TO FORM:
ISI Joan M. Sherwin
Joan M. Sherwin, Assistant City Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 14th day of April
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
Pharr & Pharr Enterprises
907 N. Avenue Q Drive
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:
Provide all labor and materials for repairs to K. N. Clapp Swimming Pool and
Buildings as per City of Lubbock Bid No. 7311, Base Bid plus Alternate No. 2.
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 in the sum of
$ 117,917.00
169
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
ATTEST:
/S/ Evelyn Gaffga
City Secretary -Treasurer, Evelyn Gaffga
APPROVED AS TO CONTENT:
/S/ Bob Cass
Bob Cass, Assistant City Manager
APPROVED AS TO FORM:
/S/ Joan Sherwin
Joan Sherwin, Assistant City Attorney
/S/ Bill McAlister
Mayor Bill McAlister
CONTRACTOR
BY: /S/ John Pharr
TITLE: Partner
ATTEST:
Secretary COMPLETE ADDRESS:
83-42-169-314 Ordinance No. 8418 - Zone Case No. 1931-A
(12)
An ordinance changing Lots 17-21, Block 1, Kurthwood Addition from C-4 to
C-4 Specific Use for mini -warehouses, located at 117 North Avenue U.
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.
83-42-169-315
Ordinance No. 8419 - Zone Case No. 2397
(13) An ordinance changing East 115' of Lot 15, Block 1, Collier -Smith Resubdivislon
from R-2 to C-4, located at 4011 Avenue H.
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.
170
f
APR 14 1993
i
83-42-170-316
Ordinance No. 8420 - Zone Case No. 2398
(14)
An ordinance changing a tract of land out of Sec. 10, Block J-S, City of Lubbock
from R-1 to C-4, subject to restricting C-4 uses as stated therein, located at
19th Street and Milwaukee Avenue.
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.
83-42-170-317
Ordinance No. 8421 - Zone Case No. 2399
(15)
An ordinance changing Lot 3, Block 7, Morning View Addition from R-2 to A-2 zoning,
located at East Second Street and Loop 289.
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.
83-42-170-318
Ordinance No. 8422 - Zone Case No. 1966-D
(16)
An ordinance changing Lots D1A, D1B, D1C and Lot 2, Sentry Park Addition from C-2A
to C-2, located at 68th Street and Aberdeen Avenue.
SMH/mck ORDINANCE NO. 8422
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. 1996-D;
CHANGE LOTS D-IA, D-lB, D-lC, 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.
83-42-170-319 Ordinance No. 8423 - Zone Case No. 2212-A
(17) An ordinance changing a tract out of Sec. 5, Block E from R-1 to R-1 Specific Use
for nursery stock, subject to no retail sales.
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.
83-42-170-320 Ordinance No. 8427
(18)
An ordinance pertaining to food sales by nonprofit charitable organizations.
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.
171
APR 14 198.3
83-42-171-321 Ordinance No. 8426
(19)
An ordinance abandoning and closing private utility easement located In Tract 7,
Lowery Subdivision.
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.
83-42-171-322 Ordinance No. 8390
(20)
83-42-171-323
(25)
�e See Reso. 1363 file
for Consolidated
Final Estimate.
An ordinance abandoning and closing portions of streets and alleys In Block 14,
C. N. Hodges Addition.
.j. iiflf!_i1
ORDINANCE NO. 8390
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF TWO STREETS AND TWO ALLEYS IN
BLOCK 14, C. N. HODGES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass
Ordinance 8418, 8419, 8420, 8421, 8422, 8423, 8426, 8427, and 8390 on second and
final reading. Motion carried: 5 Yeas, 0 Nays.
Consider a resolution accepting paving improvements constructed by
Lubbock Asphalt Products, Lots B1 and C, Security Park Addition
Resolution No. 1363
These improvements were required In the platting of a new subdivision. The church
on the south side of 38th Street joined In with the construction so that a full
street width could be paved resulting in a refund to the developer In the amount of
$6,175.20 of which he had prepaid at the time of the platting.
r Is
entitled to a reimbursement of $3,018.33 which Includes $1,289.64hofcprepaid omonies
from two other subdivisions involved.
The motion was made by Councilman Brown, seconded by Councilman Aderton to pass
Resolution No. 1363 accepting the paving improvements referenced above. Motion
carried: 5 Yeas, 0 Nays.
r!
JCR:da RESOLUTION NO. 1363
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS
LISTED BELOW:
WHEREAS, in conformance with the paving requirements provisions of City
Ordinance 1331, the subdivider of Security Park Development Lots "B-1" and "C" made
arrangements with Lubbock Asphalt Products Inc. for the construction of paving
improvements on certain streets dedicated in said subdivision under the provisions
of said Ordinance prior to the recording of the subdivision plat of Security Park
Development Lots "B-1" and "C" including the following streets:
South 1/2 of 38th Street from its intersection with the East lip line of
Belmont Avenue to its intersection with a line 15.00' West of the West property
line of Bangor Avenue known and designated as New Subdivision Unit Number
1689.
West 1/2 of Belmont Avenue from its intersection with the Southeast lip line
of Brownfield Highway to its intersection with the South end of radius at 38th
Street known and designated as New Subdivision Sub -Unit Number 18 of Unit
Number 2019.
North 1/2 of 38th Street from its intersection with the East lip line of
Belmont Avenue to its intersection with a line 15.00' West of the West property
line of Bangor Avenue known and designated as New Subdivision Sub -Unit Number
75 of Unit Number 2028.
East 1/2 of Belmont Avenue from its intersection with the Southeast lip line
of Brownfield Highway to its intersection with the South end of radius at 38th
Street known and designated as New Subdivision Sub -Unit Number 76 of Unit
Number 2028.
172
3�
AND WHEREAS, the construction of the above improvements on the above -mentioned
streets 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.
I.
That the improvements on said portions of the above -mentioned streets 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 in the amount of $9,193.53.
II.
This resolution shall take effect and be in force from and after its passage. j
f
PASSED AND APPROVED THIS 14TH DAY OF APRIL, 1983.
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/S/ Bill McAlister
BILL McALISTER, MAYOR
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
83-42-172-.324 Consider the request of El Ran, Inc., for bond reduction from $25,000 to $10,000
(26) for Bray #1 and Klnq #1 wells.
83-42-172-325 Consider the request of Texiand Petroleum Inc. for bond reduction from $25,000 to
(27) ' $10,000 for 0. A. Webb #1, O'Hare #1, H. A. Sessions #2, L. Edwin Smith #3,
Griffis Westinghouse #1, and Lulaln #4 wells.
The above requests are routine reductions of the performance bond pursuant to
Sec. 19A-10 of the Code. The motion was made by Councilwoman Baker, seconded by
Councilman Brown to reduce the bonds of El Ran, Inc., and Texiand Petroleum, Inc.,
for the well sites referenced above. Motion carried: 5 Yeas, 0 Nays.
83-42-172-326 Consider an ordinance to abandon and close a utility easement located In the
(28) Lutheran Addition.
Ordinance No. 8428
This ordinance will abandon and close a 50-foot utility easement located south of
50th Street between Knoxville and Joliet Avenues. The proponent is constructing a
shopping center at this location and all costs for relocating utilities will be the
responsibility of the developer, B. R. Griffin.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass
Ordinance No. 8428 on first reading. Motion carried: 5 Yeas, 0 Nays.
HW:da
ORDINANCE'NO. 8428
AN ORDINANCE ABANDONING AND CLOSING A RIGHT-OF-WAY AND PUBLIC UTILITIES EASEMENT
LOCATED IN THE LUTHERAN ADDITION TO THE CITY OF LUBBOCK, 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.
173
83-42-173-327 Consider proposal for refunding of Electric Eevenue Bonds.
(38)
At the March 31 Work Session, the Council authorized the staff to proceed with
securing the proper procedures and assistance in refunding the Electric Revenue
Bonds.
Mr. Jim Kerley of First Southwest Company of Dallas was present and apprised the
Council that only the 1981 Series will be refunded (some $10 million) and that he
was requesting authorization to appoint two underwriters to handle the application
for this issue. He also apprised them of a national lawsuit (State of Washington
vs. the IRS) regarding the regulations for refund, and the State of Washington had
won the case which was not being appealed by the IRS. He further advised them that
the recent Congressional legislation regarding Municipal Bonds takes effect July 1
and the City needs to proceed with the refund procedures post haste. With the
proper authorization, First Southwest would come back to the Council at a subsequent
date with all the necessary documents and contracts for refunding this issue; and in
the event the bond market changes abruptly, there would be no obligation to the
underwriters or to First Southwest and they would not proceed with refunding this
series.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to accept
the recommendation of First Southwest and proceed with securing two underwriters to
coordinate the refunding of Series 1981 Electric Revenue Bonds. Motion carried:
5 Yeas, 0 Nays.
83-42-173-328
Consider
an
ordinance abandoning and closing
an
underground
utility easement
(29)
located
in
Lot 26, Brentwood Plaza Addition,
City
of
Lubbock.
Ordinance No. 8429
This ordinance will abandon a five-foot underground utility easement located west of
Bangor Avenue and south of 17th Street; it will be replaced by another easement
located on the south side of Lot 26.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Ordinance No. 8429 on first reading. Motion carried: 5 Yeas, 0 Nays.
HW:da ORDINANCE NO. 8429
AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT LOCATED IN
THE BRENTWOOD PLAZA ADDITION TO THE CITY OF LUBBOCK, 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.
83-42-173-329 Consider a resolution authorizing the sale of Lots 8 and 9, Block 62, and Lot 8,
(30) Block 77, Original Town by deed in favor of Texas Department of Highways and Public
Transportation.
Resolution No. 1364
This authorizes a deed to the Highway Department for three lots in Original Town
(Lots 8 and 9, Block 62, located at 8th Street and Avenue C; and Lot 8, Block 77,
located at 9th and Avenue D). These lots are needed for the 1-27 right-of-way; the
City will realize about $1,935 for Lots 8 and 9, Block 62, and $264.54 for Lot 8,
Block 77.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Resolution No. 1364 authorizing the sale of the above referenced lots to the
Texas Highway Department. Motion carried: 5 Yeas, 0 Nays.
HW:cl
RESOLUTION NO. 1364
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 Deed conveying all of Lot 8 in
Block 77, Original Town of Lubbock, and all of Lots 8 and 9 in Block 62, Original
Town of Lubbock, Lubbock County, Texas, in favor of the Texas Department of Highways
and Public Transportation, said Deed to be in a form that shall be acceptable to the
City Attorney of said City of Lubbock.
Passed by the City Council this 14th day of April , 1983.
ATTEST:
/S/ Bill McAlister
BILL McALISTER, MAYOR
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/C/ Tnm Nivcnc
F
174
83-42-174-330
(31)
> See Minuted Action
83-42-3-13, 1/13/83,
for initial
Work Order.
83-42-174=331
(32)
83-42-174-332
(33)
83-42-174-333
(34)
83-42-174-334
(35)
>� See Reso. 1326,
2/24/83, for contract
w/Florida Traffic
Control Devices, Inc.
Consider a request by the Urban Renewal Agency for the allocation of additional
Community Development contingency funds for disposition of land in Memorial Center
Addition.
In 1978 there were seven parcels of land remaining in Memorial Center Addition, five
of which have been sold. HUD recommends that the two remaining parcels (Lot 2A,
Block 7 and 8) be sold as soon as possible, resulting in a work order being
effectuated on January 13 by the City Council. At that time, the Council approved
$2,500 to cover the costs of title policy, legal fees, and advertising ($2,527); the
broker's fees and the travel expense need to be absorbed from the proceeds of the
sale.
The Urban Renewal staff has submitted an amended work order (No. 068229) to Include
travel expenses ($433.80) to Omaha, Nebraska in February, 1980, which was
Inadvertently omitted from the previous work order; and to include estimated costs
for future travel of $500. It Is the position of the Urban Renewal staff that
available monies need to be kept on hand for momentary travel situations.
In response to Council query as to whether or not reimbursement could be made "after
the fact" regarding future travel expenses, the CD coordinator indicated that this
manner of handling reimbursements would be approved according to HUD procedures.
The motion was then made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to
approve the request for reimbursement of $433.80, and then they can pay for future
travel out of the administrative account, and if there are not sufficient funds,
they can come back to the Council to be reimbursed; additionally, future travel
expenses could be submitted and considered "after the fact." Motion carried: 5
Yeas, 0 Nays.
Consider the price and conditions of sale of Parcel #5-20 (north 251) and #5-11
(south 251).
Consider the price and conditions of sale of Parcel #16-14 in the Coronado -Tex.
Q-AA arcaa
Consider the price and condition of sale of Parcel #5190-18-50 in the Arnett -Benson
area.
The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to
approve the prices and conditions of the sale of Parcels #5-20, #5-11, #16-14, and
#5190-18-50. Motion carried: 5 Yeas, 0 Nays.
Consider a resolution authorizing the Mayor to execute Change Order #1 with
Florida Traffic Control Devices, Inc., for the Lubbock Signal System, Field
Equipment Installation. (See Reso. 1326, 2/24/83).
Resolution No. 1365
The Council was apprised at the 8:30 a.m. Work Session that the original bid
Included five external railroad preemptor units at $1,160 each. The
Florida Traffic Control Devices folks have apprised the City staff that there is now
available internal railroad preemptors which would replace the external preemptors
and this is not only cost effective but more functional. There would be a cost
saving of $660 per unit, and the staff recommends substituting the internal for the
external preemptor modules previously approved.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass
Resolution No. 1365 approving Change Order #1 with Florida Traffic Control Devices.
Motion carried: 5 Yeas, 0 Nays.
175
APR 41993
L
JWF/mck RESOLUTION NO. 1365
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 Change Order No. 1 to a contract between Florida Traffic Control Devices,
Incorporated and said City for certain minor changes in specifications and decrease
in contract the amount of $2,500.00 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 14th day of April , 1983.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Larry V. Hoffman
Larry V. Hoffman,
Traffic and Transportation Director
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
TO: Florida Traffic Control Devices, Inc. Change Order #1
Post Office Box 418 Work Order Number:
Altamonte Springs, Florida 32701 79-0001-40003-011668
(Field Equipment and
Installation Contract)
Gentlemen:
WHEREAS, it is desirable to make changes which you requested in the plans and
specifications for W. 0. 79-0001-40003-011668, being namely revisions to the design
of the railroad pre-emptors described more fully below.
The following changes are hereby made to the specifications:
1. Subparagraph 3.1.4.1 is hereby deleted.
2. The requirement for thumbwheel switches for setting the timing as
set forth in subparagraph 3.1.4.7 is hereby deleted.
3. The switch required by subparagraph 3.1.4.17 may be located in the
control equipment cabinet rather than on the front panel of the
pre-emptor.
4. The railroad pre-emptor may be a module of the basic intersection
controller rather than a stand-alone unit.
5. All other requirements of the plans and specifications shall be
satisfied.
6. Complete submittal data, including detailed color sequence charts,
shall be submitted for the railroad pre-emptors showing how all of the
requirements will be satisfied.
The unit prices for the railroad pre-emptors are hereby reduced to $660.00 each.
176
APR 141983
83-42-176-335
(36)
1* See Reso. 1366 file
for Contract, Financial
Reporting Requirements,
& Attachment No. 1.
Bid Item Quantity
19 2 $1,160.00 $2,320.00 $660.00 $1,320.00
20 2 $1,160.00 $2,320.00 $660.00 $1,320.00
21 1 $1,160.00 $1,160.00 $660.00 $ 660.00
Totals $5,800.00 $3,300.00
Decrease in Contract Amount
SUMMARY:
$2,500.00
Original Amount of Field Equipment
and Installation Contract for
W.O. 79-0001-40003-011668 $1,428,699.90
Decreased by Change Order #1 2,500.00
Total Amount of Contract $1,426,199.90
THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained,
the Owner and the Contractor agree to the change shown herein. The Owner agrees
to the changes in the requirements herein set forth and the Contractor agrees to
the reduced Contract Amount and agrees to proceed with construction and to adhere
to applicable specifications, under the direction of the Engineer. Furthermore,
the parties agree that the original contract between the Owner and the Contractor
shall be modified to the extent herein indicated.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their
hands this 14th day of April, 1983.
Florida Traffic Control Devices, Incorporated
(Contractor)
By /S/ Morris E. Cockman Title: President
Morris E. Cockman
Florida Traffic Control Devices, Inc.
CITY OF LUBBOCK
(Owner)
By /S/ Bill McAlister Attest: /S/ Evelyn Gaffga
Bill McAlister, Mayor Evelyn Gaffga, City Secretary
RECOMMENDED FOR APPROVAL
/S/ Larry V. Hoffman
Larry V. Hoffman, Traffic and
Transportation Director
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
/S/ Larry Cunningham
Larry Cunningham, City Manager
Consider a resolution authorizing the Mayor to sign a contract with the Texas
Department of Health for funding for additional tab personnel and supplies.
Resolution No. 1366
The State Health Department presently provides 13 employees to the Health Department
complement with an average monthly payroll of $15,844. The City has been notified
recently of availability of State funds for a medical technologist and supplies for
the laboratory. The employee would have a salary of $14,280 and the City would need
to provide the necessary fringe benefits (Social Security, retirement, workmen's
comp, and medical insurance). These fringe benefits would cost the City about
$1,914 for the remainder of this fiscal year and a total cost of $3,828 for the
ensuing fiscal year. It is clearly understood that, in the event of any cutbacks or
discontinuance of the contractual funds, the employee would not be absorbed and
retained on the City payroll. The duties for such a technician would Include
numerous laboratory tests for the various clinics that the Health Department
operates.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Resolution No. 1366 authorizing the referenced contract with the State Health
Department for lab personnel and supplies. Motion carried: 5 Yeas, 0 Nays.
177
N
DGV:js
RESOLUTION NO. 1366
WHEREAS, the Texas Department of Health has available funding for a Medical
Technologist II position with the City of Lubbock Health Department, and
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of citizens of the City of Lubbock to execute a contract with the Texas
Department of Health providing for such position; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor BE and is hereby authorized and directed to execute for and on
behalf of the City of Lubbock a contract for 1983 and contracts for any subsequent
years on the same terms and conditions with the Texas Department of Health for
funding of a position for a Medical Technologist II with the City of Lubbock
Health Department. A copy of the contract is attached herewith 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.
Passed by the City Council this 14th day of April
1983.
/S/ Bill McAlister
BILL MCALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn -Gaff
APPROVED AS TO CONTENT:
/S/ Bob Cass
Bob Cass, Assistant City Manager
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
83-42-177-336 Consider request of Jubilee 75 Committee for assistance in funding musical
(37) presentation.
t See Minuted Action On March 31, 1983, the Chairman of the Executive Committee of the Jubilee 75
83-42-127-249, Committee apprised the Council of the various events and culminated his presentation
3/31/83, for initial with a request for $10,000 to contract with a playwrite to write a dramatic/
request. musical presentation to be given in the natural setting of the
Ranching Heritage Center in the summer of 184 as a part of the Jubilee celebration.
The show would be presented on weekends during the summer of 184 and could become an
annual event. It is estimated that the total cost for the show would be $51,700 but
the need is for $10,000 Immediately to engage the services of the playwrite.
There are funds avaj,lable in the Special Projects Fund resulting from 1/10 cent of
the four -cent Hotel/Motel Tax. However, the discussion by the Council members
Indicated concern as to subsequent expenses that could be involved in the Jubilee 75
planning and whether or not it would not be feasible to consider a lump sum to be
allocated by the Executive Committee as they deem appropriate.
There was discussion to the effect that the Cultural Affairs Council should really
fund this enterprise Inasmuch as it is anticipated to be a continual summer
presentation. However, the City Manager indicated that when the contract was
entered into with the Cultural Affairs Council, a clause was put into the contract
preventing the City and other governmental entities from being recipients to any of
these monies and that this needs to be studied further and possibly amended before
this allocation could be approved. Also, there is a clause of the contract providing
for emergency requests and perhaps this request could be categorized as such.
Following the discussion, the motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Henry to underwrite the request of $10,000 to engage a playwrite to
write the dramatic/musical show with the condition that If approval by the
Cultural Affairs Council Is not forthcoming, that the monies in the Special Projects
Fund be utilized; and that the contract with the Cultural Affairs Council be amended
whereby the City and other governmental entities be eligible to be recipients of
these monies. Motion carried: 5 Yeas, 0 Nays.
178
APR 141983
83-42-178-337 Consider Bid #7291 for miscellaneous electric items (warehouse stock).
(39) items 1-3 Temple, Inc.
Lubbock, Texas
Item 4
General Electric Supply Company
Lubbock, Texas
83-42-178-338 Consider Bid #7301 for miscellaneous water Items (warehouse stock).
(40) Items 1, 3-4, 6, 10-18 M. B. McKee Company
Lubbock, Texas
Items 2, 5, 7-9
Trans -Tex Supply Company
Odessa, Texas
83-42-178-339 Consider Bid #7322 for room dividers (Fire Dept.)
(41) Item 1 Western Building Specialties, Inc.
Lubbock, Texas
83-42-178-340 Consider Bid #7323 for miscellaneous electric items (warehouse stock).
(42) Items 1-5 Temple, Inc.
Lubbock, Texas
83-42-178-341 Consider Bid #7321 for cast iron pipe (water utility).
(43) Item 1 C & C Municipal Supply
Lubbock, Texas
83-42-178-342 Consider Bid #7297 for vehicles (Garage
(44) Items 1-2, 5 Modern Chevrolet Company
Lubbock, Texas
Item 3
Pollard Friendly Ford Company
Lubbock, Texas
83-42-178-343 Consider Bid #7334 for fertilizer (Parks & Rec.)
(45) Items 1-2 Tex -Mate Inc.
Lubbock, Texas
83-42-1.78-344 Consider Bid #7318 for concession rights for pools (Parks & Rec.), and authorize
(46) same.
Resolution No. 1367
Low Bid Coca-Cola Bottling Company
Lubbock, Texas
JMS:js RESOLUTION NO. 1367
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 Concession Agreement for Clapp
and Maxey Swimming Pools between the City of Lubbock and Coca Cola Bottling Company
of Lubbock, Inc., which Agreement, attached herewith shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall constitute and
be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of April
/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, Directory of Community Facilities
APPROVED AS TO FORM:.
/n / T__- T? CL.-rr.'in
179
THMMMM
THE STATE OF TEXAS
COUNTY OF LUBBOCK
CONCESSION AGREEMENT FOR
CLAPP AND MAXEY SWIMMING POOLS
This Agreement made and entered into this 14th day of April, 1983,
by and between Coca Cola Bottling Company of Lubbock, Inc., hereinafter referred
to as "Concessionaire" and the City of Lubbock, Texas, a Home Rule Municipal
Corporation hereinafter referred to as "City";
WITNESSETH:
That City desires to grant its concession rights for the sale of swimming
pool accessories and refreshments at the Maxey Swimming Pool located at 30th
and Nashville and at K. N. Clapp Swimming Pool located at 46th and Avenue U,
both of said pools being situated in the City of Lubbock, Texas; and
That Concessionaire desires to be Grantee of such concession rights.
NOW THEREFORE, City and Concessionaire hereby agree that City shall grant
to Concessionaire the concession rights for the sale of swimming Pool accessories
and refreshments at the Maxey and K. N. Clapp pools, subject to the following
terms and conditions:
Im
Consideration. Concessionaire shall pay to City, as consideration, 27.2
percent of its gross sales from such concession operation for each month of
swimming pool operation during the agreement term. Payment is due and payable
to the City of Lubbock at the office of the Director of the Parks and Recreation
Department on the 10th of each month immediately following any month the swimming
pools are in operation. Such payments shall be accompanied by sales reports for
the preceding month.
Agreement Term. This Agreement shall commence April 1, 1983, and terminate
September 30, 19_87.
Conditions. This Agreement is further conditioned on the following:
I. City will furnish water & electricity in the concession stands.
2. If vending machines are used, the City reserves the right to approve
their location.
3. Concessionaire shall furnish at its own expense any extra electrical
outlets or waterlines which it needs for its operations.
4. City reserves the right to approve any improvements, additions, or
building alterations, and Concessionaire agrees to secure the prior
written approval of the Director of Parks and Recreation of the City
for all such improvements, additions, or alterations. Any such
improvements, additions or alterations so approved will be made at the
sole expense of Concessionaire and shall become the property of City
upon installation free and clear of any and all encumbrances.
5. No bottle drinks will be permitted --either from vending machines or
over-the-counter concession and all glass container items are prohibited.
6. All foods served will be either pre -packaged or prepared at the concession
site and wrapped.
7. Sale of Chewing Gum will not be permitted.
8. The Concessionaire will be responsible for monitoring the quality of
all items, removing and replacing out -dated products and stocking regularly.
9. The Concessionaire binds and obligates itself to investigate and comply
with all rules and regulations of the City of Lubbock Park and Recreation
Board, and all Ordinances of the City of Lubbock and laws of the State
of Texas, and that a violation of the rules of the Park and Recreation
Board of the City of Lubbock or any Municipal Ordinance or State law
shall be grounds for City to notify Concessionaire to remove its equipment
from building or premises, and this Concession Agreement with the City
shall terminate upon receipt of such notice.
130
10. The Concessionaire binds and obligates itself to operate its over-the-
counter concession on and according to the same schedule as the swimming
pool is operated which is at the present time 1:00 p.m. to 8:00 p.m.,
seven days per week, which are subject to change. The Concessionaire
will be given the option Of operating during after -hour private
reservations at the pool. City may close pools during adverse weather
conditions or for occasional repairs and Concessionaire will not be
expected to operate at these times, nor will the City be held responsible
for lost revenues due to pool's closing for any length of time.
11. Concessionaire binds and obligates itself to indemnify and forever
hold harmless City against each and every claim, demand or cause of
action that may be made, or come against City by any person or persons by
reason of Concessionaire's activities on the pool premises, an negligent
act on the part of Concessionaire or any of its agents, servants or
employees in or about said swimming pool premises, or any contractual
obligation of Concessionaire.
12. The Concession Agreement is not transferable.
13. The City of Lubbock reserves the right to approve the type of items for
sale.
14. The Concessionaire must at all times keep its machines or concession
well stocked and in excellent working conditions.
15. The City reserves the right to check or have checked the Concessionaire's
books and also to enter and inspect the concession stands and any
premises under the control of Concessionaire pursuant to the rights
herein granted.
16. The City reserves the right to terminate this Agreement if Concessionaire
fail$- to fulfill its obligations under any one of the conditions
herein stated.
17. Any notice to be given in regard to any term or obligation hereunder
shall be deemed to have been properly delivered if mailed by certified
mail, return receipt requested to City, Attention of Director of
Parks and Recreation, P. 0. Box 2000, Lubbock, Texas 79457; and to
Coca Cola Bottling Company, Attention of Gene.Roberts, P. 0. Box 1048,
Lubbock, Texas 79408.
Witness our signatures this 14th day of April, 1983.
CITY OF LUBBOCK COCA COLA BOTTLING COMPANY
OF LUBBOCK, INC.
6101 Avenue A
/S/ Bill McAlister Lubbock, Texas
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
APPROVED AS TO FORM:
/S/ Joan M. Sherwin
Joan M. Sherwin
Assistant City Attorney
By: /S/ Gene Roberts
GENE ROBERTS
VICE-PRESIDENT
ATTEST:
/S/ Vernell J. Nelson
Secretary of Coca Cola
Bottling Company of
Lubbock, Inc.
83-42-181-345 Consider Bid #7314 for street maintenance repair Project A (Eng.), and authorize
(47) same.
See Ord. 8363, 9/23/82, Resolution No. 1368
approving & adopting
'82-'83 Budget. Low Bid Kerr Construction Company
Lubbock, Texas
Resolution 1533 - 12-8-83
ACCEPTS
Reso. 1368 (4-14-83)
DGV:cl RESOLUTION NO. 1368
83-42-181-346
(48)
See Ord. 8363, 9/23/82,
approving & adopting
'82-'83 Budget.
WHEREAS, there have been unusual and unforseen weather conditions during the
course of this winter, including record -breaking snows and unusually long periods
of freezing weather; and
WHEREAS, such weather conditions have caused damage to the City's streets,
which damage presents a case of grave public necessity for repairs; and
WHEREAS, such weather conditions could not have been forseen by reasonable
diligent thought so that the effects of such weather conditions could have been
included in the City of Lubbock's 1982-83 Budget; and
WHEREAS, it is necessary to amend the 1982-83 Budget so as to provide funds to
make necessary emergency repairs to the City's streets; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the 1982-83 Budget of the City of Lubbock is hereby amended to provide
funds for emergency street repairs from the following sources and in the following
amounts:
SOURCE AMOUNT
Unallocated Revenue Sharing
Entitlement 14 . . . . . . . . . . . . . . $214,467.00
Fund Balance --General Fund . . . . . . . . . . . $720,776.00
Copies of this amendment to the 1982-83 budget shall be filed by the City Manager
or his representative with the City Secretary and the County Clerk of Lubbock
County following passage of this Resolution, in accordance with the provisions of
Vernon's Ann.Civ.St., art. 689a-15.
Passed this 14th day of April
L , 1983.
ISI Bill McAlister
ATTEST: BILL McALISTER, MAYOR
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Robert Masseng.ale
Robert Massengale, Asst. City Manager
APPROVED AS TO FORM:
ISI Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
Consider Bid #7315 for street maintenance repair Project B (Eng.), and authorize
same.
Resolution No. 1369
Kerr Construction Company
Lubbock, Texas
. 182
83-42-182-347
(49)
See Ord. 8363,
9/23/82, approving
& adopting
'82-'83 Budget.
DGV:cl
RESOLUTION NO. 1369
WHEREAS, there have been unusual and unforseen weather conditions during the
course of this winter, including record -breaking snows and unusually long periods
of freezing weather; and
WHEREAS, such weather conditions have caused damage to the City's streets,
which damage presents a case of grave public necessity for repairs; and
WHEREAS, such weather conditions could not have been forseen by reasonable
diligent thought so that the effects of such weather conditions could have been
included in the City of Lubbock's 1982-83 Budget; and
WHEREAS, it is necessary to amend the 1982-83 Budget so as to provide funds to
make necessary emergency repairs to the City's streets; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the 1982-83 Budget of the City of Lubbock is hereby amended to provide
funds for emergency street repairs from the following sources and in the following
amounts:
SOURCE AMOUNT
Unallocated Revenue Sharing
Entitlement 14 . . . . . . . . . . . . . . $214,467.00
Fund Balance --General Fund . . . . . . . . . . . $720,776.00
Copies of this amendment to the 1982-83 budget shall be filed by the City Manager
or his representative with the City Secretary and the County Clerk of Lubbock
County following passage of this Resolution, in accordance with the provisions of
Vernon's Ann.Civ.St., art. 689a-15.
Passed this 14thday of April 1983.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Robert Massengale ._
Robert Massengale, Asst. City Manager
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
Consider Bid #7316 for street maintenance repair Project C (Eng.), and authorize
same.
Resolution No. 1370
Low Bid Jake Diet, Dirt & Paving Contractor
Hereford, Texas
DGV:cl RESOLUTION NO. 1370
WHEREAS, there have been unusual and unforseen weather conditions during the
course of this winter, including record -breaking snows and unusually long periods of
freezing weather; and
WHEREAS, such weather conditions have caused damage to the City's streets, which
damage presents a case of grave public necessity for repairs; and
WHEREAS, such weather conditions could not have been forseen by reasonable
diligent thought so that the effects of such weather conditions could have been
included in the City of Lubbock's 1982-83 Budget; and
WHEREAS, it is necessary to amend the 1982-83 Budget so as to provide funds to
make necessary emergency repairs to the City's streets; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
183
APR 14199
F,
THAT the 1982-83 Budget of the City of Lubbock is hereby amended to provide
funds for emergency street repairs from the following sources and in the following
amounts:
Unallocated Revenue Sharing
Entitlement 14 . . . . . . . . . . . . . . $214,467.00
Fund Balance --General Fund . . . . . . . . . . . $720,776.00
Copies of this amendment to the 1982-83 budget shall be filed by the City Manager
or his representative with the City Secretary and the County Clerk of Lubbock
County following passage of this Resolution, in accordance with the provisions of
Vernon's Ann.Civ.St., art. 689a-15.
Passed this 14th day of April , 1983.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Robert Massengale
Robert Massengale, Asst. City Manager
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
At the 8:30 a.m. Work Session, Don Jennings, City Engineer, apprised the Council of
the above referenced projects, to -wit: Project A Is the seal coating of the City
streets damaged by the severe winter of 182 and situated in the east portion of the
City; Project B is the reconstruction of those streets severely damaged located in
the central and south-central part needing reconstruction; Project C is the streets
located in the south and southwest parts of the City needing both reconstruction and
seal coating.
The original allocation was for $2,666,000 and the specifications were prepared to
allow for bids to include concrete, it being the preferred material for snow and
Ice. However, Engineer Jennings indicated that the bids exceeded the allocation,
and therefore, the following adjustments had to be considered:
Bid #7314
Project A.- The low bid was by Kerr Construction Company from Lubbock
($703,450).
Deletions:
a. Bid Items 1 and 2 - Changing Quirt Avenue at the intersection from concrete
to 9" black base and 1 1/2" of hot mix ($90,000 reduction).
b. Bid Item 7 - Deleting 1,000 gallons of asphalt for contingency seal coating
material ($1,250 reduction).
c. Bid Item 8 - Deleting 50 cu yd of seal coat rock for contingency
materials ($1,250 reduction).
d. Bid Item 17 - Deleting 19,000 cu yd of caliche and reuse existing surface
and caliche crunched together ($18,050 reduction).
e. Bid Items 5 and 6 - Deleting seal coating on East Fourth Street from Quirt
to Zenith ($21,800 reduction).
f. Bid Item 15 - Deleting contractor's patchwork ($20,000--City crews can do
this).
City Engineer Jennings Indicated that the Quirt Avenue and Canyon Drive
Intersection takes a lot of heavy traffic, and the Intersection is in bad shape
and he would really feel better using the funds if available for the concrete
as bid at this intersection only.
At the regular session, in light of the situation as it exists which has been
developing for several years and to eliminate further major repair in the near
future, the following additions were recommended:
184
a. To put the concrete back into Quirt Avenue ($90,000)
b. Coronado Drive, Avenue A and Juniper a two -course seal coat ($40,717)
c. Juniper Avenue, Coronado Drive to East 34th reconstruction ($32,080)
Total contract price: $735,697
Bid #7315
Project B - The low bid was by Kerr Construction Company from Lubbock
($912,450).
Deletions:
a. Bid Item 1 - Deleting 6" of concrete ($204,700 reduction).
b. Bid Item 7 - Deleting 1,000 gallons of asphalt for contingency seal coating
material ($1,350 reduction).
c. Bid Item 8 - Deleting 50 cu yd of seal coat rock ($1,250 reduction).
d. Bid Item 17 - Deleting 19,000 cu yd of caliche and reuse existing surface
and caliche ($15,200 reduction).
Additions:
a. 82nd Street to Avenue U seat coating
b. Avenue U to Avenue H seal coating (reconstruction $142,000)
Total contract price: $831,950
Bid #7316
Project C - The low bid was by Jack Diel from Hereford ($883,652).
Deletions:
a. Bid Item 1 - Deleting 6" of concrete ($153,525 reduction).
b. Bid Item 7 - Deleting 1,000 gallons of asphalt for contingency seal coating
($1,900 reduction).
c. Bid Item 8 - Deleting 50 cu yd of seal coat rock for contingency material
($1,250 reduction).
d. Bid Item 17 - Deleting 1,900 cu yd of callche and reuse existing surface
and caliche ($11,400 reduction).
Additions:
a. Indiana and 58th intersection (6" concrete) ($30,600)
b. East half of Indiana, 44th to 50th (reconstruction $59,321)
C. Indiana, 50th to 64th (add one 12' lane) (reconstruction $39,931)
d. Frankford, 50th to Spur 327 ($19,800)
Total contract price: $865,229
At the 8:30 a.m. Work Session, the City Manager indicated that there were monies in
the General Fund which philosophically he did not think was wise to use for
operational purposes; but in light of the extremely hazardous conditions of the
existing streets (collector and thoroughfares only) as submitted for bid, he felt
that this would be good fiscal management to use the monies that are available in
the General Fund; these funds would be replenished from LP&L revenues that are
anticipated to increase this fiscal year.
At the regular session, Director of Purchasing Gene Eads indicated that all of the
above were low bids and met specifications and that the final contract price for
Bid #7314 was $135,697; the contract price for Bid #7315 considering the additions
and deletions would be $831,950; and the contract price for Bid #7316 considering
the additions and deletions would be $865,229; and the amount to be used from the
General Fund balance was $720,776 as stated in the accompanying resolution.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to approve
Bids #7291, #7301, #7322, #7323, #7321, #7297, and #7334; to award Bid #7318 and to
pass Resolution No. 1367 authorizing the contract therefor; to award Bid #7315 to
Kerr Construction Company subject to the referenced additions and deletions and to
pass Resolution No. 1368 for the contractual amount of $735,697; to award Bid #7315
to Kerr Construction Company subject to the additions and deletions as stated and to
pass Resolution No. 1369 with the contractual amount of $831,950; to award Bid #7316
to Jack Diel subject to the additions and deletions as stated and to pass Resolution
No. 1370 for the contractual price of $865,229; that the General Fund balance of
$720,776 be authorized. Motion carried: 5 Yeas, 0 Nays.
185
- - -- APR 141983
FA
F
Fil
83-42-185-348
Hold a public hearing to consider amending the Urban Renewal Plan for Community
(21)
Development Rehabilitation Redevelopment Area No. 16.
In accordance with the notice published on March 1, 7, and 14, 1983, in the
Lubbock Avalanche -Journal, a public hearing was held on the above matter.
Proponent: ACM Jim Bertram, on behalf of the City
State Urban Renewal law requires that any zone change consistent with the
Urban Renewal Plan must receive a public hearing to allow for citizen input.
The area involved is located in the 2700 block of Erskine Street (Zone Case 2396)
and is wanting to be rezoned to allow for the construction of a day care facility.
The zone case hearing will be considered April 28 before the City Council in the
event there is no opposition as a result of this public hearing.
There being no opposition and no discussion, the hearing was closed.
THE STATE OF TEXAS
COUNTY OF' LUBBOCK
Before me Bonnie McKee a Notary Public in and for Lubbock Co
personally appeared Twi I a Aufi I I i Account Manageof t
r r° he ��
p:r . pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, Eve
being by me duly sworn did depose and say that said newspaper has been published
than fifty-two weeks prior to the first insertion of this Legal Notice-448 �
t
wo rd-$403.20 No. 647530 at Lubbock County. Texas aft,nt-
ed copy of the Nnti eo is a true copy of the original was aG pock
Avalanche -.Journal on the following dates: March It' 79 14s 19 n
L- 332 < u
Account Manage
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me thiA4th day
FORM 58-10
83-42-185-349
(22)
* See Reso. of 10/13/77
(Min. Action
77-36-366-965)'''and
Reso. of 11/17/77
(Min. Action
77-36-423-1134) for
approving & adopting
amended Urban Renewal
Plans.`
I �tRAR 2 1983 iu
ill
Cify SECRETARY
Consider a resolution adopting the amended Urban Renewal Plan for Community
Development Rehabilitation redevelopment Area No 16
Resolution No. 1371
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass
Resolution No. 1371 amending the Urban Renewal Plan for CD Rehab. Development No. 16
for the purpose of developing a day care center. Motion carried: 5 Yeas, 0 Nays.
SMH/mck RESOLUTION NO. 1371
RESOLUTION APPROVING AND ADOPTING AN AMENDED URBAN RENEWAL PLAN FOR COMMUNITY
DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREA NUMBER 16.
WHEREAS, an Amended Urban Renewal Plan for the Community Development Rehabilitation
and Redevelopment Area Number 16, hereinafter set forth as Exhibit A, and made a
part hereof, has been reviewed by and approved by the Planning and Zoning Commission
of the City of Lubbock and by the Urban Renewal Agency of the City of Lubbock; and
WHEREAS, the proposed Amended Urban Renewal Plan conforms to the general plan
of development of the City as a whole and is compatible to the existing and proposed
land uses, the thoroughfare plan, and recreational and community facilities of the
area; and
186
WHEREAS a feasible method exists for the relocation of families or individuals
who will be displaced from the Amended Urban Renewal Area in decent, safe and
sanitary dwelling accommodations within their means and without undue hardship to
such families or individuals; and
WHEREAS, the Amended Urban Renewal Plan will afford maximum opportunity consistent
with the sound needs of the City as a whole, for the rehabilitation or redevelopment
of the Urban Renewal Area by private enterprise; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Amended Urban Renewal Plan for Community Development Rehabilitation
and Redevelopment Area Number 16, designated as Exhibit A to this Resolution, be and
is hereby approved and adopted.
Passed by the Council this 14th day of April 1983.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Jim Bertram
Jim Bertram, Assistant City Manager By HDJ
APPROVED AS TO FORM:
/S/ Susan M. Horton
Susan M. Horton, Assistant City Attorney
83-42-186-350 Hold a public hearinq on the proposed rate increase requested by South Plains
(23) Electric Co -Op.
City is a Regulatory Authority and in accordance with the notice posted on April 15,
1983, in the Lubbock Avalanche -Journal, a public hearing was held on the above
matter.
Proponents: Dale Johnson, Attorney for South Plains Electric Co -Op (SPEC)
R. D. McAlister, General Manager
Jim Roberts
Wayne Whitaker
Jack Moss, CPA
Mr. Johnson apprised the Council that the last rate filed with the City was
November 23, 1979, and was subsequently approved on April 24, 1980. He filed
Exhibits 1 and 1A (documentation filed on November 5, 1982, requesting the rate
Increase) and stated that a hearing before the PUC was held November 11, 1982, and
their findings were favorable to SPEC for the requested rate increase; he filed
Exhibits 2 and 3 (a copy of the PUC examiner's report and the Order of the PUC
dated March 14, 1983); and he filed Exhibit 4 (tariff of SPEC) with the City
Secretary.
Mr. Johnson indicated that the reason for the requested rate increase is that there
Is presently discrimination among the SPEC customers between those residents outside
of the City limits and those residential customers within the City limits, of which
some 400 are in Commander's Palace (mobile home park). They would like to charge
the same rate within the City which would provide for a 4.5 decrease for the
customers when the entire rate structure is considered.
The predicament they are in resulted from an increase in the wholesale power rate
charged to SPEC by SPS in October of 1982, and the requested rate would be reflected
In the May 30 billing. He finalized his comments by stating that the SPEC
Board of Directors, plus the staff, and plus the PUC have found the requested rate
to be reasonable and just and that the rate would generate revenues which would meet
their operating expenses.
Director of Finance J. Robert Massengale indicated they had reviewed the information
submitted by SPEC and would be very interested to see their break out expenses for
those customers within the City that are on their system, and additionally, they
would like to recommend that a rate consultant be hired to analyze the requested
data.
U
83-42-187-351
(24)
Mr. Johnson asked for time for rebuttal; his primary statement was he was unaware of
the Cityts request for break out information until he arrived for the public
hearing; the records of the SPEC system do not reflect separate data per customer
category, and the cost for computing this is astronomical; their cash flow is
primarily July or August which had declined last year due to the rains and there was
less power used for irrigation. As a compromise, he asked whether or not a tem-
porary order could be approved effectuatinng the requested rate increase and,
following the ananlysis of the consultant requested by the City, that a final
determination could be made at that time. The Council was apprised that May 30 is
the final date for implementing the rate increase.
Following all discussion, the motion was made by Councilman Aderton, seconded by
Councilwoman Baker to continue the public hearing until May 12 at which time the
hired consultants, as requested by the City, would make their report regarding the
proposed rate increase; that a temporary order be prepared and entered into
Implementing the requested rate increase until the public hearing is finalized and
the decision of the Council as the Regulatory Authority Is determined; additionally,
the hiring of the consultants requested by the City Is also authorized. Motion
carried: 5 Yeas, 0 Nays.
�e This notice was posted, not published, so there is
no publisher's affidavit.
Consider Order regarding proposed rate increase by SPEC
Resolution No. 1372
JCR:da
RESOLUTION NO. 1372
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 Temporary Order entered by the
Council at a public hearing held on April 14, 1983 which Order continued a rate
hearing in progress, authorized city staff to retain experts and granted a temporary
rate increase to South Plains Electric Cooperative, Inc. which Order is attached
mm
P� is
herewith and shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 14th day of April 1983.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Robert Massengale
Robert Massengale, Assistant City Manager
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
JCR: cl
AN ORDER OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, SITTING AS A REGULATORY
AUTHORITY UNDER VERNON'S ANN.CIV.STAT., ART. 1446c, CONTINUING A RATE HEARING AND
GRANTING A TEMPORARY RATE INCREASE TO SOUTH PLAINS ELECTRIC COOPERATIVE, INC., IN
ACCORDANCE WITH SECTION 43d OF THE AFOREMENTIONED STATUTE AND REQUIRING REVISED
TEMPORARY TARIFFS TO BE FILED WITH THE CITY SECRETARY.
WHEREAS, South Plains Electric Cooperative, Inc. did file with the City of
Lubbock a statement of intent and application for a rate increase on November 11,
1982, and
WHEREAS, the City has received no complaint from any customer or other affected
person within forty-five (45) days after the notice of intent to increase rates by
South Plains Electric Cooperative, Inc., and
WHEREAS, the City staff has examined the statement of intent and application
filed by South Plains Electric Cooperative, Inc. and have recommended that the City
staff be authorized to engage expert assistance in reviewing this rate request by
South Plains Electric Cooperative, Inc., and
WHEREAS, the Regulatory Authority is authorized under Sections 23 and 24 of
Art. 1446c, V.A.C.S. to retain and engage any and all personnel necessary to assist
in making a determination of reasonable rates, and
WHEREAS, the City Council sitting as a Regulatory Authority entered upon a
hearing of South Plains Electric Cooperative, Inc. application for rate increase on
April 14, 1983 at which hearing the Cooperative through its officers and attorney
did present evidence in support of their request and the City staff made its recommendation
as aforementioned, and
WHEREAS, the City Council, sitting as a Regulatory Authority, makes the following
findings:
A. That there is a need to engage the services of expert personnel to assist
it in arriving at a reasonable rate of return on applicants request.
B. That the rate hearing commenced on April 14, 1983, should be continued in
order for the staff to engage expert help and allow such experts sufficient
time to report their findings to the Regulatory Authority.
C. That the staff of the Regulatory Authority should be authorized to engage
necessary expert help in this matter.
D. That a temporary rate should be fixed at this time for applicant which
rate is to be effective, as hereinafter ordered, until such time as a
Final Order is entered in this matter, NOW THEREFORE:
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
1. THAT the City staff is hereby authorized to engage any and all personnel
necessary to assist the Regulatory Authority in arriving at a determination of
reasonable rates in this matter.
83-42-189-352
(50)
2. THAT South Plains Electric Cooperative, Inc. shall furnish to City staff
and experts employed, any and all data requested necessary to make a reasonable
determination of the rate base, expenses, investments and rate of return within the
municipal boundaries of the City of Lubbock.
3. THAT South Plains Electric Cooperative, Inc. shall reimburse the City of
Lubbock for the reasonable cost of the services of all experts engaged by the City
pursuant to Sections 23 and 24 of Art. 1446c, V.A.C.S. and the laws of the State of
Texas.
4. THAT the hearing on this application to increase the rates of South
Plains Electric Cooperative, Inc. commenced on April 14, 1983, be and is hereby
continued until May 12, 1983.
5. THAT the rate consultants and other experts engaged by the City report
their findings and recommendations to the City Council on May 12, 1983.
6. THAT South Plains Electric Cooperative, Inc. be and is hereby authorized
to place into effect temporary rates for service within the City of Lubbock, Texas.
7. THAT the temporary rates hereby authorized shall be identical to those
rates authorized by the Public Utility Commission of Texas in its Order in Docket
No. 4822.
8. THAT South Plains Electric Cooperative, Inc. shall file a revised tariff
with the City Secretary setting forth the temporary rates herein authorized and
said tariff shall be designated temporary on its face.
9. THAT the revised temporary tariffs hereby authorized shall be applied to
consumption of electricity registered on customer meters as of April 20, 1983.
10. THAT the City Secretary mail a copy of this Temporary Order to South
Plains Electric Cooperative, Inc., at their P.O. Drawer 1830, Lubbock, Texas
79408.
ORDERED BY THE CITY COUNCIL on this 14th day of April 1983.
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
/S/ Bill McAlister
BILL McALISTER, MAYOR
/S/ Robert Massengale
Robert Massengale, Assistant City Manager
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
Consider two a
comas Garza and
intments to the PERMIT AND LICENSE APPEAL BOARD.
om C. Ingram expire 4/27/83.
The terms of
83-42-189-353 Consider one appointment of the URBAN RENEWAL BOARD to fill the unexpired term of
(51) Keith McKeever who has moved out of town.
The Council recessed to allow the Mayor to respond to the Concerned Citizens of
Lubbock who had gathered for the Prayer Vigil outside the entrance to the City Hall.
The Council was to have lunch and tour the George Woods Community Center facility.
�Q
14 \�p�
Upon return to the City Ho||^ the Board Appointments were tabled until the City |
Council Meeting of April 28. The motion to adjourn was made by Councilwoman Baker,
seconded by Councilman Brown at 1:40 p.m.
ATTEST;
Evelyn Gaff�ga, City
Read and approved this __281h, day of
4E ely�nGftfa�,C ty Se' ar��-Trea�surer�