HomeMy WebLinkAboutMinutes - City Council - Regular - 5/26/1983MAY 26 1983
REGULAR CITY COUNCIL MEETING
MAY 26, 1983
The City Council of Lubbock, Texas met for its regular meeting Thursday, May 26, 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,
Councilman M. J. Aderton, Councilwoman Joan Baker, City Manager Larry Cunningham, City
Attorney John C. Ross, Jr. and City Secretary -Treasurer Evelyn Gaffga.
Those absent: None
83-42-262-465 The invocation was given by Sam Wahl, Director of Water Utilities.
( I )
83-42-262-466 The pledge of allegiance to the Flag was given in unison by those present
( 2 ) in the Council Chambers.
83-42-262-467 Approval of Minutes, Regular Meeting, May 12, 1983.
( 3 ) SpeciaT Meeting, May 12, 1987
The motion was made by Councilman Aderton, seconded by Counilman Brown to
approve the Minutes of the Regular Meeting of May 12, 1983 and the Special Meet
of May 12, 1983.
83-42-262-468 BOARD APPOINTMENTS
4) Receiving: Garland A. Nystel, Plumbing and Mechanical Board
Michael Landress, Examiners and Appeals (Building)
Cathy Morton, CDAC - Sector 5
83-42-262-469 PROCLAMATION: "Thomas S. Lubbock Day" - May 29, 1983.
5 Receiving: Mardema Ogletree
Helen Scioli
83-42-262-470 PROCLAMATION: 11U. S. Olympic Academy Week" - May 30 - June 30, 1983.
Receiving: Dr. Martin McIntyre, Dept. of Health, Physical
Education and Recreation, Texas Tech
Dr. Elizabeth Hall, Dept. of Health, Physical
Education and Recreation, Texas Tec
83-42-262-471 PROCLAMATION: "Lubbock Emancipation Juneteenth Month" June, 1983.
7 Receiving: Harold Chatman
Rick Childers
82-42-262-472 PROCLAMATION: "Recreation and Parks Month" - June, 1983.
8 )
Receiving 0. V. Scott, Member, Park & Rec. Board
83-42-262-473
( 8A )
83-42-262-474
( 8B )
83-42-262-475
( 9 )
83-42-262-476
( 13 )
PROCLAMATION: "Drug Prevention Month" - June, 1983
Receiving: Gilbert Herrera, Exec. Dir., Auxilio Center
PROCLAMATION: "Military Retirees Appreciation Day" - June 4, 1983
Receiving: Col. Richard E. Hearn, Wing Commander, Reese AFB
Lt. Col. Daniel P. Gomez, Director of Personnel
(Councilman Aderton made the presentation)
AIRMAN OF THE MONTH
Receiving: AlC Joseph H. Mason, April, 1983
At 9:55 A.M., the Mayor announced that an Executive Session would be held
to consider matters of pending litigation. This announcement is in
accordance with Art. 2-f, Sec. 6252-17, V.A.T.S.
Hold a public hearin2 on the Appeal of Mike Taylor related to the
Electric Board of Examiners decision.
Appellant: Donald E. Cummings, Attorney on be half of Mike
Taylor
The Mayor prefaced Appellant's remarks by stating the procedures to be
followed, to -wit: The Appellant would present the merits of his case,
followed by response by the Appellee. Witnesses would be allowed to be
called by either party. Mr. Cummings: ' ' asked that David King, Senior
Flprtriral Tnqnprtnr- and Jarkip Hav--;- Buildina Insnpction emolovee. were
263
MAY 2G1983
The Appeal in its entirety is recorded in the Minutes Of this meeting.
ID essence, Mr. Cummings stated that Mr. Taylor had not received due
process Of law by having his `oUrDey0D0^s license revoked by the Board;
that there are discrepancies in the issuing and grading OF the
eXd0iDdtiOD /MdSt8r/S electrician) which Mr. Taylor Sat for and
subsequently failed; that the revocation is permanent and reinstatement
CdO only be attained by 0dk1Og application and examination for the
'OVrn8y0Dn/S license; that the Board is prejudiced and it is Very
unlikely that Mr. Taylor will receive this opportunity f0aS0Uch as that
decision is discretionary with the B0drd.
The facts presented reflect that Mr. Taylor OwDS d corporation and is
doing business in town, using master electricians to whom the building
permits are issued. This method has been approved by the Legal
Department and Anpel]aOt'3 position was that the City approved in essence
his right to do business, yet the Board appointed by the Council refuses
to equitably work with Mr. Taylor. EVid8MCG was also submitted regarding
the opinion Of a professor Of Electrical Engineering who questioned the
grading results of Mr. Tdy]Or"5 examination, administered by the BldCkie
U0UiltOD* now deceased, who was Senior Electrical Inspector at the time.
This opinion was not submitted in writing for fear Of reprisal, conflict
Or involvement by the professor.
Mr. CU00iDgS summed the matter up by saying that there were gXtraMeOUS
matters influencing the Board's d8C1SiOO, and the issue before the
Council was the revocation Of the ^OUrDey08M/3 license issued to Mr,
Taylor, OD the questionable Charge that he was doing bQ31n8SS as in
ViO{dtiOD of the Electrical Code.
Appellee: Susan Horton, Asst. City Attorney, OO behalf of the
Board Of Electrical Examiners
Ms. Horton apprised the Council of the sequence Of events, the charges
against Mr. Taylor in Municipal Court to which he pleaded nOlO CODtendre
and was fined $50.00; the subsequent violations; her legal opinion to Mr.
Coker regarding Mr. Taylor's corporation to do bUSiM8S3 using 0d3t8r
electricians, to whom building permits were i3SU8d and legal
interpretation related to these matters.
Following a prolonged discussion regarding policies of the staff, the
scope Of 'UriSd1CtiOM Of the Board and Mr. Taylor's business activities
the Council felt that they had been handed a "mean" problem, reflecting
blatant violations by Mr. Taylor and Some confusion in the practice Of
issuing building permits, 2tc. There being no Ch0iC2 left to the
COUMC1l considering the merits Of the case, COUDCil0aD Brown moved that
the decision Of the Board be Upheld, and encouraged Mr. Taylor to
reinstate his 'OUrDey0aD+S liC8OS2, which is the pre -requisite to the
master electrician examination; that h8,did not like to prevent a 0dO
from doing business in the trade for which he is trained, but there was
OO choice but to uphold the Board in its decision. At this point the
procedure for reapplying for 8XO01ndtioO was stated, it being at the
Board's discretion whether Or not an applicant was acceptable to sit for
the examination; the Councilinstructed the Board to allow Mr. Taylor to
this examination.
Following further discussion, the 00ti0D was seconded by COUncflwO0dD
Baker. Motion carried: 5 Yeas; 0 Nays.
an
M|CHAEL LYNN //M|KE// TAYLOR NOTICE OF APPEAL TO THE
V3. CITY COUNCIL OF THE
BOARD OF ELECTRICAL EXAMINERS
OF THE CITY OF LUBBOCK, TEXAS Y CITY OF LUBBOCK, TEXAS
TO THE HONORABLE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
sit fot
This is a Notice of Appeal filed by M|CKAEL LYNN ("MIKE") TAYLUR, a
resident of the City of Lubbock, Texas, who will be hereinafter referred to as
"Tay lorx.
This appeal is filed pursuant to Section ll A-38 of the Electrical Coda of
the City of Lubbock, which provides for an appeal for any parson whose license
has been revoked by the filing of a notice of such appeal with the City Secretar,
within ten (lU) days after written decision of the Board of Electrical Examiners
has been filed in the office of the Secretary of the Board and a copy has been
served on the licensee or applicant for an examination.
BASIS FOR APPEAL
At a hearing on March 10th, 1983, the Board of Electrical Examiners revoked
the Journeyman Electrician L|oanse of Taylor. A notice of charges was served
upon him prior to such hearing.
The charges considered by such board were that Taylor was convicted of a
violation of Section ll A_138-8 of the Electrical Code in Case No, 1520516 in
264
MAY 2 G tgR3
City." The charges alleged that a conviction was entered on April 8th, 1982.
The Municipal Court recordes will reflect a plea of nolo contendere to such
charges. A copy of the Notice of Hearing addressed to Mr. Taylor and a copy of
the charges along with the copy of the written decision of the Board are hereto
attached as exhibits to this appeal.
GROUNDS FOR APPEAL
i `Background
The action by the Board of Electrical Examiners is but the latest chapter
in a long episode of harrassment and illegal, arbitraty, and capricious action on
the part of the Board toward Taylor. A brief history is appropriate:
1. Taylor is twenty-seven years old. After graduation from Coronado High
School, he has spent most of his life working as an electrician. He worked as an
apprentice for four years, and after that time has been licensed as a Journeyman
Electrician since mid-1977.
2. Taylor was employed as a Journeyman Electrician for the next four year
period under a Master Electrician, Jimmy Burns, doing business as "Tech-Elec", in
the City of Lubbock. He worked for another company for a shor while, "Joe Fry Elect c".
3. In June 1981, Taylor had satisified the requirements of the Electrical
Code to take the Master Electricians Examination. He was fully qualified to become
a Master Electrician, and sought to take the exam. However, Mr. H. C. Hamilton, the
Electrical Inspector at such time refused to allow him to make application and to
submit the documentation to take the same. Hamilton in a series of actuations, threz
and general harrassment toward Taylor sought to keep him from taking the September,
1981, exam, and threatened to "get his license" and threatened to "disqualify" him
from taking the Master Electrican Exam. However, the Board went ahead and approved
his taking the exam which he took in September, 1981. The Board graded the test
in a few minutes after an eight hour examination and flunked him. Taylor secured a
copy of the test and submitted it to an electrical engineer on the faculty at Texas
Tech University, who indicated to him that many of the answers that he had given
on the test could have been correct, thought they were marked incorrect. A letter
to this effect was written to Dr. Russell Seacat, the Chairman of the Electrical
Engineering Department of Texas Tech University who is a member of the Board of
Electrical Examiners. At a meeting in December, 1981, wherein Taylor was seeking to
take the December examination, Dr. Seacat admitted that he had received a letter fror
the electrical engineer, but did not bring it to the meeting. Taylor has never
seen the letter. At such meeting, Mr. Hamilton claimed that Taylor was not a
Journeyman at that time because he had failed to pay a $5.00 license fee the previou!
year. This was discovered by Mr. Hamilton only a few days before, and the Board
refused to allow him to take the December examination. An appeal of the arbitrary
and capricious action of the Board on the matter of the September examination was
filed on November 198, 1981, with the City Secretary. It was later dropped when the
Board allowed Taylor to take the examination in 1982. He was also given a nonpassinc
score on the second examination he took.
4. The November — December, 1981 vendetta by the Board and by Mr. Hamilton,
resulted in the charge affording the basis for the Board's latest illegal act, that
being the revocation of his Journeyman Electricans License.
:s,
5. During the year 1982, Taylor was attempting to secure electrical subcontra s
for out-of-town jobs. He submitted a bid for a school building for the Roosevelt
Independent School District, a job to be performed outside the City of Lubbock. In
fact, he was the low bidder, and was approved to do the electrical work on the job.
However, Mr. Hamilton called the president of the school district, and attempted to
persuade the school board not to allow Taylor to do the subcontract electrical work
on the project. The general contractor on the job told Taylor that the school distr ct
did not want him doing the job, after the calls to the school board president. This
was after he had already begun work on the subcontract, and after he had signed a
subcontract with the general contractor. In any event, Taylor avoided any controver
and withdrew from the mob at the time, hoping to receive fair treatment from the
Board and Hamilton in taking the Master Electricians Examination, and hoping to be
able to join the exclusive club governed by the Board. His hopes were unfounded.
6. In May, 1982, Taylor formed a corporation under the laws of the State of
Texas, know as "Mike L. Taylor Electric, Inc.". Taylor is President of the corporat'I
and a member of the Board of Directors, along with Dominic Caranfa, and Harvey Grays(
Grayson is a licensed Master Electrician. Taylor presented documentation regarding
his corporation and his proposed method of operation to the Chief Building Inspector',
Mike Coker, and the Electrical Inspector prior to engaging in any electrical work
in the City of Lubbock through the corporation. Coker told him that the City
Attorney's Office approved the doing of Lusiness in the City of Lubbock, by and
through the corporation, in conjunction with a Master Electrician for supervision
of the work to be done. Since such time, Taylor has been employed by the corporatiol
which has been enegaged in the business of electrical contracting in the City of
Lubbock, and surrounding areas, all in accordance with the Electrical Code of the
City of Lubbock, and pursuant to the approval of the Building Inspector's Department'
and the City Attorney's Office. As a matter of fact, Taylor's corporation is now
engaged on a subcontract with Pharr and Pharr, General contractors, on the electrica'
work for the data processing expansion at City Hall.
7, it is interesting to note that the Board of Electrical Examiners is
composed of seven members, two of whom are in the electrical contracting business,
that being Gerry Averitt and Joe Tarver. Also, Mr. Jack Veazey is a member of the
Board, who is the Electricians Union Business Agent. Mr. Taylor is not a member of
the union_ though Veazey tried to qet him to join at one time. Taylor is also a
265
Tarver; and Mr. Veazey.
POINTS OF APPEAL
1. The plea of nolo contendere to the Municipal Court conviction upon
which the Board revoked Taylor's license, is not a plea of guilty, and the Boar,
must have presented evidence and proof of the violation upon which they base
their action. Article 27.02 of the Texas Code of Criminal Procedure provides
that such a plea "may not be used against the defendant as an admission in any
civil suit based upon or growing out of the act upon which the criminal
prosecution is based". The Board considered the conviction record from
Municipal Court without any other evidence of any violation of the Electrical Ca
The burden of proof was on the electrical inspector or someone representing
the Board to prove that a violation of the Electrical Code has occurred. No
evidence other than the record of the conviction and nolo contendere plea was
offered nor admitted into evidence at the Board's meeting.
2. The "conviction' is based upon an unconstitutionally vague and in-
definite ordinance, that being Section 11 A-138b, which states: "It shall be
unlawful for any person, firm, or corporation to advertise or to hold out or
to state to the public or any customer, either directly or indirectly, that any'',
electrical work or installation complies with the City Electrical Code unless
such work has in fact been inspected and approved by the City Electrical
Inspector." Such ordinance fails to adequately and specifically define the type',
of conduct that is proscribed and made unlawful. Such ordinance is similar
to the "vagrancy".statutes, which have virtually all been held by the United
States Supreme Court to be unconstitutionally vague and indefinite. For such
reason, the so-called conviction upon which the Board has based its decision
is no conviction at all, and there is no basis for the Board's action.
3. The Electrical Code scheme vesting prosecutorial and judicial power
in the Board of Electrical Examiners is patently unconstitutional, as a denial
of due process of a person who is charges as Taylor has been. The ordinance
provides that the Board has the authority to -revoke and suspend licenses, deny
applicants the right to take examinations, etc. The Board is thus the judge,
jury and the prosecutor. Due process requries an impartial panel to decide
such important issues to a person as a right to take away his livelihood. The
panel in this case was biased, prejudiced, and without any sense of justice.
4. The Board of Electrical Examiners is vested with broad discretionary
authority pertaining to the revocation, suspension, and denial of license. The
discretion is rampant in this case. The Board's actjion was completely arbitra
and discriminatory against Taylor. Why is it that the Board chose to act on
a charge, the basis of which occurred some fifteen months before? Taylor
suggests the answer is that his corporation is disrupting the "good old boy"
network of Master Electricians and the Board and is competing against them for
electrical work in the City of Lubbock. The only charge against him was the
trumped-up conviction upon which the Board acted. Without any question, this
demonstrates an arbitrariness and capriciousness on the part of the Board.
5. A valid and legal quorum of the Board of Electrical Examiners was
not present at the time they acted. All of the four members present were
disqualified to act because of conflict of interest and prejudice. Mr. Burdock
the Chairman, is currently subcontracting electrical work to Taylor's company
in another city. Averitt and Tarver are competitors. Veazey represents a
union that Taylor has refused to join. Not one of the members of the Board
present at such hearing should have served or voted in this matter. Not one
disqualified himself. No validly constituted body acted on this matter.
6. The Board in no event could have revoded the license of Taylor
indefinitely. This is what they purported to do. The Electrical Code provides
that no license shall be suspended for a period exceeding six months. It also
uses the words, "suspension" and "revocation", interchangeably. The proper in-
terpretation of the Code would limit the Board's power and authority to revoke
or suspend a license for any period of time in excess of six months.
CONCLUSION
Because of the arbitrary, capricious, unlawful and vindictive action of
the Board of Electrical Examiners, the Honorable City Council of the City of
Lubbock, should, without hearing, vacate the finding of the Board of Electrical
Examiners and restore Taylor's Journeyman License to him . Alternatively, the
City Council should schedule a hearing in this regard, and then vacate such
finding of the Board. Taylor has been denied his constitutional right to equal
protection of the law and to due process under law by the actions of the Board,
which he requests the City Council to consider in this Notice of Appeal.
Respectfully submitted,
Donald E. Cummings
Post Office Box 1019
Lubbock, Texas 79408
806/765-8034
ly
ATTORNEY FOR
MICHAEL LYNN "MIKE" TAYLOR
APPELLANT
MAY
83-42-266-677 Jerry Spalding S ti Expo Shows, Inc.ill appear to request
( 10) a carnival be held on the parking lot of the Auditorium-CoTi's-eum.
^ Mr. Spalding appeared before the COUDC1l to request ppr0133i0O for his
C0DpdOy, Expo Shows, Inc. to hold O carnival on the Auditorium -Coliseum
parking lot for the period June 2 - ll, 1983, under the sponsorship Of he Lions
Clubs in Lubbock. �
83-42-266-478
( 14 )
Pub/s Affidavit
filed on p�293
Mr. SpDldiDg/S presentation indicated that he had been working with
various and sundry departments in the City since February, 1983 and had
experienced great difficulty in getting this matter finalized.
They are asking permission to hold a carnival on city -owned property and
the three interpretations from the Legal Department has not clearly
defined whether or not it is allowable; that the present 0rd1OdOC8 is
very d0bigWUU3 and according to local CoUDS8l, Mr. Bill Davis, is
unenforceable.
He stated that this is D fund raising dCtiV1tv with the Lions Clubs,
which they have done for several years with the Odessa [1OOS Clubs; that
it is family -oriented recreation; that the auditorium -coliseum will be
closed during this time for renovation and this could provide UM8XpeCt8d
revenues which is beneficial to the City; that they would provide ample
security, adequate rest room facilities, sufficient liability COV8rdg8 ($4
million) and although they had not been able to appear before the Civic
Centers Board, they would be willing to work out O compatible agreement
regarding rental, concessions, etc. Mr, Spalding indicated that the
South Plains Fair Ground Association had denied their request to hold the
carnival OO those premises --it seems that there is a contractual
arrangement between the County and the Association prohibiting any
carnival/circus/fair activity On those premises except the South Plains
Fair held each Fall.
The Mayor requested d report from the Civic Centers Executive Committee
who held a Special Session OO Tuesday, May 24, 1983 regarding this
matter. Mr. Bill Armstrong reported that the Executive Committee met and
discussed the many issues involved --use Of the parking lot the use Of
which is contractually shared with Texas Tech, and they will be in their
Summer Session; rental fees, of which the Exec. Committee did not have
information as to current rates for this type of activity; CODceSSiOn
rights and percentages which would be involved; that there were so many
questions to which the answers were not available in such a short time
and IT WAS THE RECOMMENDATION OF THE EXECUTIVE COMMITTEE THAT THIS EVENT
NOT TAKE PLACE ON THE PARKING LOT, as requested.
The Council expressed their displeasure at the short notice given then to
consider this matter, to which Mr. Spalding responded that he had been
working with various city departments since February, and this is not
considered Short notice in his business. After d long discussion OO "who
said what", the 0Dt70O was made by COWOCilwO0aD Baker that UU8 to the
shortness Of time and 0dDy UDJDSw8red questions, the Executive Committee
of the Civic Centers Board be Upheld and deny the request. Councilman
Brown said he would second if the motion was amended to state that the
City Council would reconsider the request if the Civic Centers Board
could work out a more detailed plan with Mr. Spalding regarding fees,
policies, etc..
Additional discussion 8DSU8d, following which a motion was made by
Councilwoman Baker, seconded by COUMCil0d0 Brown to deny the request.
Motion carried: 5 Yeas; 0 Nays.
Zone Case No. 2324-B - Ordinance No. 8441
Request of Roger Henson for a Specific Use zone change, from AM to AM
Specific Use Permit under provisionsOf Section 22 3 2O ] Of the Zonin
Ordinance, for professional offices on Lots 263 a_n_d__2_64_,__Gatewood
Addition, City of Lubbock, located at 2738 - 82nd St.
The Planning and Zoning Commission unanimously recommends that this
request be approved, subject to the following condition:
athat it be limited to non -medical professional offices.
In dCCOrdODCe with the Notice published in the Lubbock Avalanche
Journal on may 11, 1983, a public hearing was held On the above
Proponent: Roger Henson
This request is for a Specific Use permit to accommodate a professional
office related to PrUpOn8nt'S testing and balancing business. Adjacent
land USeS are: Vacant zoned R-1 on the north and south; partially
developed AM zoning on the east; and developed, highly restricted R-1
ZOOiOg On the west. Proponent indicated their business currently 16
located outside the City limits, and they are desiring to relocate at the
referenced address.
267
83-42-267-479
( 15 )
*Pub's. Affidavit
filed on p.293
drawn in accordance with ordinance standards. However, by agreeing to
limit his application to non -medical professional offices which require
only ten spaces, the site plan would meet the stated requirements. The
site plan also needed to show more detail for the required landscaping
and to show more provisions for maintenance. The site plan also needed
to show the required rear yard screening fence and the extension of the
east -west sidewalks to the property lines.
Proponent has corrected these matters reflected on the site plan as
presented to Council.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker
to Pass Ordinance 8441 on first reading, subject to the stated condition
and subject to the development being tied to the site plan as presented.
Motion carried: 5 Yeas; 0 Nays.
SMH/mck
ORDINANCE NO. 8441
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7o84 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2324-
B; A SPECIFIC USE ZONE CHANGE FROM AM TO AM SPECIFIC USE PERMIT UNDER PROVISION
OF SECTION 22.3-20-3 OF THE ZONING ORDINANCE, FOR PROFESSIONAL OFFICES ON LOTS
263 AND 264 IN THE GATEWOOD ADDITION 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.
Zone Case No. 2115-C - Ordinance No. 8442
Request of J. D. Badley to change Lots 29 through 35, Bent Tree Addition,
from --1`to R-2 zoning district, located at 82ndstreet and Vernon
Avenue.
The Planning and Zoning Commission unanimously recommends that this
request be approved.
In accordance with the Notice published in the Lubbock Avalanche
Journal on May 11, 1983 a public hearing was held on the above
matter.
Proponent: J. D. Badley
This request is for R-2 zoning for duplexes facing an existing church
across Vernon Avenue. Adjacent land uses are: Existing single family
development on the north and south and west;and existing church on the
east.
There being no opposition and no discussion, the hearing was closed.
Motion by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass
Ordinance No. 8442 on first reading. Motion carried: 5 Yeas; 0 Nays.
SMH/mck
ORDINANCE N0. 8442
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. 2115-
C; CHANGE LOTS 29 THROUGH 35 IN THE BENT TREE ADDITION TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS FROM R-1 TO R-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.
MAY
RM
83-42-268-480
( 16 )
*Pub's Affidavit
| filed on P. 293
83-42-268-481
( 17 )
*Pub/s Affidavit
filed on p,293
Zone Case No. 1970-A - Ordinance No. 8443
� ��
19th Street.
The Planning d Zoning Commission unani sl O0meMdS that this
TQ accordance with the Notice published in the Lubbock Avalanche
Journal On May 11, 1983 a public hearing was held On the above
Proponent: Jan Fouts, Attorney, On behalf Of Bennett -Barnes
Investment CO.
This request is for A-1 zoning to accommodate apartments adjacent to Loop
289, Adjacent land uses are: Existing apartments On the north; vacant
R-1 zoning on the south; Loop 289 On the east; existing single family
development On the west. This request is ideal for this typo of location
because it lies between a major collector street and O major expressway
where single family units are not likely to dRY8lDp.
The request is CODSiSteOt with the Comprehensive Land Use Plan as related
to high density development and this area will depend on the east -west
connecting streets between Iowa Avenue and Loop 289 for adequate traffic
flow. The site plan consists Of approximately eight acres reflecting D
total Of 208 living units, or 26 units per acre. The structures will
consist Of 60% brick and are being financed through the mortgage money
available through the Lubbock Housing Development [0rpOrDtiOD,
There being no opposition and no discussion, the hearing was closed.
The motion was made by [nUnc1lNO0aRBaker, SeC0Od8d by Councilman Brown
to uphold P&Z and pass Ordinance No. 8443On first reading. Motion
carried: 5 Yeas; 0 Nays.
SMH/mck
ORDINANCE N0. 844
-
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. 1970-
A`'CHANGE A TRACT OF LAND OUT OF SECTION 44, BLOCK A-K, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 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. 2402 - Ordinance No. 8444
Request of Bill Cox (for Craft, Elliott & Field) to change a tract of
land out of Section 26, Block E-2, from T and R-1 to R-1, R-2, A-1, AM
and C-2 zoning district, located at 82nd Street and Frankfor—d—Tv—enue.
The Planning d Zoning Commission dS that this request b
approved, subject to the following conditions:
a. that the AM tract be changed to A-1.
In accordance with the Notice published in the Lubbock PNDlODChe
Journal OO May 11, lq83 , d public hearing was held on the dbOV8
Proponent: Bill Cox
This request is for d number of different zoning districts to dCCO0mOdat8
a full range Of land uses located OO the east side Of FrankfOrd Avenue
from Spur 327 to 93rd Street, which is the western extension Of the
MeddOwS Subdivision. Adjacent land uses are: existing R-1 and vacant
C-2 at the corner On the north; existing R-1 On the South and east; and
farmland outside the City limits on the west.
Proponent outline the uses Of the requested districts reflecting
commercial at the intersection Of two major thoroughfares, buffered by
high density residential development, transcending to medium density and
then to low density. Twelve acres at the intersection Of 82Od and
FrDnkfOrd will be for C-2 development; the AM zOD|Dg is for office
development and could be considered an extension Of C~2 zoning, and
therefore P&Z recommended the AM request be granted DS A-1 to provide d
buffer the commercial zoning; the R-2 buffer would be extended to wrap
around the A-1 to complete the buffer effect. '
With respect to the R-1 residential development, the issue with the
existing neighbors related to the size VF the planned single family
structures, which was objectionable to existing R-1 residents. The
zoning ordinance does not dictate the size Of single family Units to be
269
MAY 28 1983
83-42-269-482
*Pub/s Affidavit
filed on p.293
petitions expressing their Oh^2CtfOnS, not to the proposed development as
presented, but to the size of the hOUSeS Proponent proposed to build;
that this was d lesser quality Of single family unit than presently
exists and there should be d tapering Of S1Ze to that proposed instead of
d pronounced d8Cl1O8, which in turn would affect the market value of
existing residences. This position was supported by Mr. & Mrs. [riSt
who r8C8Ot]y returned to Lubbock and whose recently pUrChasea �O08
COnSi5t3 of 2300 sq. ft.
Mr. GO0dDrt expressed objection to the apartment complex being
developed VO 74th Street, which
' is "nothing but mobile homes stacked On
top OF each other" and requested control Of this type Of deV8]Op08Dt
which is degrading to the entire subdivision.
ACM Jim Bertram directed his comments to the requirements Of lot size and
single-family units UAU8r the law, but that the required square footage
Of the structure is usually a deed restriction and these COV8DDDt8 are
enforceable only between the property owners. He also mentioned that if
the petitions filed by Mr. Campbell complied with the number required, d
four -fifths vote would be required Of the Council. (Subsequent checking
by the Zoning Dept. reflected insufficient D0Ob8r Of signatures.)
Following rebuttal by both parties and other diSCWSSiOO, the hearing was
ClO3ed.
The motion was made by COUDCil0aO Brown, SeCUOd8d by Councilwoman Baker
to uphold P&Z with the stated condition changing th9'AM requested tract
to A-1 zoning. Motion carried: 3 Yeas; 2 Nays (McAlister and Aderton).
SMH/mck
ORDINANCE NO,
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7O84 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2402
CHANGE A TRACT OF LAND OUT OF SECTION 26, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS FROM T AND R-1 TO R-1, K-2, A-1 AND C-2 ZONING DISTRICTS; PRO-
VIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROV|D|
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. |
Zone Case No. 2404 -OrdinanC8 No. 8445
Request of Marvin Mast (for Cliff Jones to change a tract of land out of
Section 36, Block A-K, from R-1 to C-4 zoning district, located at 6203
grownfield Road.
The Planning and Zoning Commission recommends that this request be
approved, subject to the following condition:
athat the zoning be changed to IDP Specific U
TO accordance with the Notice published in the Lubbock AVOl0OCh8
Journal on May ll 1983 d public hearing was held on the above
Proponent: Marvin Mast
Proponent is in the recreational vehicle sales and S8rVfC8 bUSin8SS and is
needing to expand. Rather than request a DOO-COOfOr0iMg Use through the Z8A*
he filed this request for [-2 zoning. The site is located in d triangle
OD the Brownfield Highway, Spur 327 and Loop 289 and is shown as industrial
park OD the [and Use Plan. Adjacent land uses are: agricultural farm
land in all directions. C-4 zoning is the Only zoning allowing mobile
hO08 sales and services, but P&Z felt IDP Specific Use would allow for
options to insure aesthetic treatment, and the landscaping requirements
and the outside storage requirement are the same for both [-4 and IDP
SpeC, Use. An additional requirement for IDP Specific Use is the filing
Of a site plan and the IDP Specific Use was approved under these
considerations.
There being DO discussion and no opposition, the hearing was closed.
The 0OtiOD was made by Councilman Ad8rtVD, seconded by Councilwoman Baker
to uphold P&7 and pass Ordinance 8445 OO first reading, subject to the
condition Of changing the z0DjOg to IDP Specific Use. Motion carried: 5
Yeas; 0 Nays.
SMH/mck ORDINANCE NO. 8445
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7884 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK S0 AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2404:
CHANGE A TRACT OF LAND OUT OF SECTION 36, BLOCK A-K, CITY OF LUBBOCK, LU880C�
COUNTY, TEXAS, FROM R-1 TO IDP SPECIFIC USE PERMIT; PROVIDING FOR A PENALTY /
PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
270
MAY 6 1983
83-42-270-483
( lq )
*Pub/s Affidavit
filed p. 293
83-42-270-484
( 20 )
*Pub/s Affidavit
filed p.293
Zone Case No. 2104-B - Ordinance 8446
'of Sam Reyes Construction Company, Inc. to change a tract of
land out of Section 10, Block E-2, from CA and C to R-2, A-], G-2A and
C-2 zoning districts, located at 82nd Street and Slide Road.
The Pl i d Zoning Commission recommendS that this request b
approved, subject to the following co7nitions:
a. hdt the R-2 be limited to townhouse development only.
b. that the C-2A tract be limited to professional offices.
c. that there be no access from the,apartments tracts to 79th
TO accordance with the Notice published in the Lubbock Avalanche
]OUrOdl On May ll 1983 a public hearing was held On the above
matter.
Proponent: Sam Reyes
This request COVer9 several zoning districts in drCOrdaDCS with the Land
Use Plan. Adjacent land UBeS are: existing R-1 development to the
north; vacant R-1 Specific Use with C-2 Vs8S On the south; a City park VD
the east; and existing CO00erCia( development OD the wgst. The portion
requested for commercial development is blocked at one end, by residential
deYlOp0eOt and on the Other end by O City park. The commercial portion
is buffered with six acres Of A-] apartment development and a small
2.5 acre trct for R-2 townhouse d8velnpm8nt. Proponent requested that
the [-2A portion adjacent to Slide Road be limited to professional
offices, and the R-2 portion be limited to townhouses.
The only portion Of the request that is Of concern is the A-1 district
and its relationship to the R-1 district. The A-1 portion would dCCODnn0dat2
23 units per acre generating about AOO average daily trips. It was
recommended that the C-2 portion be tied to a site plan 3Ub`8Ct to review
by P&Z and the City Council before building permits Or i3sued,iD Order to
avoid the appearance Of "strip" development of unrelated buildings.
Following discussion and there being no opposition, the hearing was
clOSed.
The 0OtiOO was made by Councilwoman Baker, SeCODd8d by Mayor Pro Te0
Henry to pass Ordinance NO, 8446* GUhfeCt to the following conditions:
a. that the R-2 district be limited to townhouse d8VlQp0ent only;
b, that the C-2A tract be limited tO,prof8SSiOndl Offices:
' c. that there be no dCceS5 fr0n'the dpdrt08Vt5 tracts to 79th
Street;
. that a screen fence dd'dCeMt to the re SidentiOl area VM the
79th 3t. Side be constructed to serve OS O buffer;
H. that the site plan for the C-2 portions be reviewed by P&Z and
the City Council prior to issuance of building permits.
Motion carried: 5 Yeas; 0 Nays.
SMH/mck
ORDINANCE NO, 8446
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY
OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANCES: ZONE CASE NO. 2}O4-B; CHANGE A TRACT OF
LAND OUT OF SECTION lO, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM CA AND
C-2 TO R-2, A_l, C-2A AND C-2 ZONING DISTRICTS: SUBJECT TO CONDITIONS: PROVIDING FOR A
PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE: PROVIDING A SAVING CLAUSE AND
PROVIDING FOR PUBLICATION.
Zone Case No. 1919 B Ordinance 7699-A
Appeal of Bill Stinson to change Tract B, J. F. I. Addition, to delete
conditions of Ordinance No. 7699, located at 75th Street and nue.
The Planning and Zoning Commission hthis request be
In accordance With the Notice published in the Lubbock Avalanche
Journal On m,u 11 19g3 , a public hearing was held On the above
Proponent: Bill Stinson
271
83-42-371-485
/ 21 \
Pub/s Affidavit
filed p.293
This request is to delete conditions Of a pr2ViOUS ordinance passed in
1974 tied to a site plan for duplex development; Proponent is requesting
approval of townhouse deV8lUpment. There are eight lots iAY0lY8d.
Adjacent land Uses are: existing apartment and Vacant duplex lots on the
north; existing duplexes OM the south; existing apartments on the 8dSt
and existing single family development On the west. Proponent requests
to substitute 23 single family owner occupied units for sixteen
two-family renter occupied units, increasing the density to 44%.
Proponent offered a Slide pr288OtOti08 reflecting the area and the
suitability for the proposed substitute; that the marketing research
reflected marketability for the proposed development On 25/ width lots,
and the decision of P&Z to deny the request was based on citizen
opposition, namely a Mr. Joe BoerDer and Jeff Miller, who reside dcrOS3
the street.
Proponent apprised the Council that d compromise had been reached with
Messrs. 8O8rMer and Miller, and he has agreed to the 251 width lot, the
development being tied to d Site plan, and development restricted to
tVwnhUUS88 only. Proponent filed with the City Secretary these letters
of agreement.
Following discussion and there being DO opposition, the hearing was
C70S2d. /A four -fifths VOt8 is required due to P&Z denial.)
The 00t10n was made by Mayor Pro Te0 Henry, SeCVDd8d by [0UDc1lwO0dO Baker
to overrule P&Z granting the request, SUb'8Ct to the CODdit1ODS agreed to
by the Proponent and Opponents, to -wit:
"O, that it be tied to the cite [sic] plan attached hereto;
b. as shown OD the attached cite [sic] plan, no lot would have d
width Of less than 25+^
C. all structures constructed on the lot would be townhouses,
and the tOwOhnU8e3 constructed on the western most eight lots
would contain OO less than 1450 Sq. ft of living SpdC8, and
the townhouses to be constructed On the remaining lots would
contain DV less than 1350 sq. ft./ of living space;
d. the entire alley behind the project and the off street
parking onwest will all be paved;
e, each unit would have an attached two car garage at the rear
Of the structure;
f. all construction would be brick veneer with wood shingle
roofs;
g, the front of each unit, the aCC8SS easements and all common
areas Of the project would be appropriately landscaped."
and to pass Ordinance No. 7689A on first reading. Motion carried: 5
Yeas; 0 Nays.
SMH/mck
ORDINANCE N0
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7O84 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1919-
8; CHANGE TRACT 8 J.F.I. ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS TO DELETE CONDITIONS OF ORDINANCE NO. 7699; 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. 2216 A Ordinance No. 8447
Appeal of Ronald T. Betenbough to change a tract of land out of Section
11, Block C-2, from R-1 to C-2 zoning district, located at 8-67-7u—aT-er
The Planning and Zoning Commission recommends that this request be
TO aCC0rdODCe with the Notice published in the Lubbock Avalanche
Journal_ VD May 11, 1983 , d public hearing was held on the above
Proponent: Ronald T. Betenbough
2}2
MAY 2O/983
83-42-272-486
/ 22 \
*Pub/s Affidavit
filed p.293
This request was originally filed for open [-2, which would cause some
problems due to the shallow depth Of the lots involved, due to the
strip -type commercial development that would result contrary to the
cluster commercial development at intersections that is allowed; due to
the number of Curb Cuts resulting in open C-2 creating traffic conflict
points. Adjacent land uses are: Vacant R-1 On the north; vacant R-2 On
the south; existing radio station 00 the east; and existing single family
development OM the weSt.
The position of P&Z on a previous case adjacent to this item was that
there should not be any 8Xt8OSiOn of commercial zoning in this location
beyond the boundary line that P&Z set for C-2 district across Quaker
Avenue, and thus denied the request.
Subsequent to the hearing before P&Z, Proponent has submitted O letter
agreement to the following conditions:
a. C-2 zoning, eliminating bicycle and lawnmower sales and repair
shop, ambulance service and grocery store with over 3,000 but
under 35,000 5q. ft. Of floor area;
b. Lot 4, KFYO Addition be developed as d single lot and as J
single building Unit.
It was recommended by Staff that the site plan should be reviewed before
the issuance Of building permits.
There being no opposition, and following all discussion, the hearing was
closed.
The motion was made by [OUDCil0dO Ad8rtOn, S8COOded by Councilwoman Baker
to overrule P&Z granting the C-2 zoning request, subject to the
conditions stated above, as well as adding the condition that the site
plan was to be reviewed before building permits were issued, to which Mr,
Betenb0ughreque5ted Condition #3 be removed because of the long and
involved procedure for complying with site plan procedures. Condition #3
was removed by C0Ds8Dt Of [OUDcilmOD Ad8rtnD and [OUDCilwO03D Baker. The
R0tiOM carried passing Ordinance NO, 8447 OD first reading: 5 Yeas; 0
SMH/mck
ORDINANCE NO.844
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7O84 AND THE OFFICIAL MAP OF THE CITY OF
LUBBOCK S8 AS TO MAKE THE FOLLOWING CHANCES: ZONE CASE NO. 2216-A; CHANGE A TRACT OF LAND
OUT OF SECTION ll, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 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. 1490-E - Ordinance No. 7233-A
'In
_
OC
al of Donald Curry (for South Plains Chevrolet, Inc.) to change Lot
and 2-A, Fiesta Autoland Center Addition to amend It"Fe—site plan,
at LOVp Z69 On
In dCCOrddOCe with the Notice published in the Lubbock Avalanche
Journal on a public hearing was held On the.above
Proponent: Don Curry, Attorney on behalf of South Plains Chev.
This is a continuation of the hearing first heard 3/31/83 at which time
the Council continued the hearing to allow the Proponents and the
Opponents to compromise their difference.
Mr. Curry indicated no compromise had been reached, and U0On listening to
the tape of the hearing when C-4 zoning was grantedin 1967, there was
in fact no covenant between the residents and the then -proponent as to
the fence remaining indefinitely.
Mr, Curry UMCe again reiterated the importance Of the request in
accordance with the petitions filed at the March 31 hearing of residents
in support Of this proposal.
Opponent: Don Graf, Attorney, On behalf Of the residents
(west side)
Don MCIntUrff, Property Owner
273
mAY 2 G 1¢83
Mr. Graf stated four conditions offered as a compromise by the residents:
O. The hO08 DwO8rS will allow the fence to be taken down to 68th
Street, that area directly across from C-4 zoning;
b. Landscape the rest Of the fenced area;
C. Proponent not be allowed to r8file for d zone change for O
designated period of f1V8 to ten years;
d. That the landscape material not be lo trees on 38/ centers,
but some type Of hedge Or tall junipers on 12' centers.
RSSp0ASe by the Mayor to the provision by 0np0O8Mt not allowing the
matter to be refiled for d designated period, this provision is not
allowable under law; that if d zone request is denied, they CdDDOt r8fil2
UO the Sdm8 issue for one year; if the zone request is approved Or
modified in any form, the proponent may refile at any subsequent time.
This position was in dCc0rdaDC2 with the City Att0rD2y/S ruling, to which
Mr. Graf took exception, and left to the two attorneys to work out later
at a different time, at a different lOCatiOn.
Following all discussion, the hearing was closed at 1:25 P.M.
The NUtiOO was made by Councilman Brown to leave the fence Up except as
modified; that the fence pome dowD from Luop2O9 to 68th 5treet; that the
remaining area be landscaped with trees on 15' - 18' centers; that there
be d ground surface cover; that those portions Of the fence that are
patched be painted with earth -tones for compatibility with the remaining
brick; and that the back Of the lot be fenced for screening purposes.
City Attorney RO33 clarified that portion Of the motion relative to the
fence remaining in place otO^ 68th St. --"adjacent to" the residential
area --"the north side" Of 68th St,
[OUDCilwO0ODBaker S8CODded the motion, as clarified. Motion carried: 5
Yeas; O Nays.
SMH/mck '
ORDINANCE NU.
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7O84 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK S0 AS TO MAKE THE FOLLOWING CHANGES: A0NE CASE NO. 1490-
CH8NGE LOT l-A AND 2-A, FIESTA AUTOLAND CENTER ADDITION TO THE CITY OF LUB8UC
LUBBOCK COUNTY, TEXAS TO AMEND THE SITE PLAN; PROVIDING FOR A PENALTY AS PRO-
VIDED FOR IN SECTION l-� OF THE CITY CODE: PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
83-42-273-487 Consider On ordinance to abandon and close an alley in Whisperwood
/ 24 ) ATd71OM,
Ordinance 8449
This ordinance will close a 20/ alley between b}tS 56-A and 55-B,
Whisperw0Od Addition. The 8aSt=w85t alley will give dcC8SS to Slide Road
and ZODr AY8MU8, Proponent requested that dU0pSt8rs be placed at each
end Of the east -west alley for garbage handling, which received Staff
approval. There is DO fee involved for the closure since proponent 15
the Original dedicator.
The motion was made by COUDCi]0an Brown, seconded by Councilwoman Baker
to pass Ordinance 8449 OM first reading. Motion carried: 5 Yeas; O
H0:mck
ORDINANCE NO. 844
AN ORDINANCE ABANDONING AND CLOSING AN ALLEY IN THE WH|SPERWOOD ADD|T|0r
TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCR|8I
IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE 0FF|C
MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PK0V|D|y
A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
The Council r8C25s2d at 1:25 P.M. for lunch, rHCODY8AiDg at 2:25 P.M. for
the CODtiDUatiVO of business.
I
274
83-62-27-488 _O =� Ordinance 6276-A
AM °'di"""^` amending Ordinance 6276 regarding Human Relations Commission
*Ord' 6276-A amends
appointees
�eig�iility for reappointment.
| Ord. 6276 (3/9/72)
83-42-274-489
( 12 )
Ord, 7855-A amends
Ord. 7855 (5/10/79)
83-42-274-490
SMH:da
ORDINANCE NO. 62 6
AN ORDINANCE AMENDING ORDINANCE NO. 6276 AND THE CODE OF ORDINANCES
ARTICLE X||, CHAPTER 2, SECTION 2-309 BY DELETING REQUIREMENT THAT MEMBER OF
HUMAN RELATIONS COMMISSION MAY SERVE ONLY ONE TERM WITHOUT YEAR ABSENCE;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Ordinance No. 7855-A
An ordinance amending Ordinance 7855 changing method Of selecting members
of—Mo—mmunity services Commission.
SMH:da ORDINANCE NO. 8
AN ORDINANCE AMENDING ORDINANCE NO. 7855 AND THE CODE OF ORDINANCES
ARTICLE V, CHAPTER 2, SECTIONS 2-143 AND 2-144 BY PROVIDING THAT THE CITY
COUNCIL SHALL APPOINT REPRESENTATIVES OF THE POOR AND REPRESENTATIVES OF
�-snPR|VATE. AND -|NTERE3T��,TR SER&�rAS,MEMBEK�.OF ,THE COMMUNITY SERV|CES
' COMMISSION; TO DELETE THE NUMBER OF CONSECUTIVE yEARS`AND NUMBER OF TOTAL
YEARS THAT AN INDIVIDUAL REPRESENTATIVE FROM THESE GROUPS MAY SERVE; PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The motion was made by [OUDCfl0dD BrOWOv seconded by Councilwoman Baker
tOpasS Ordinance No. 5276-A and Ordinance NO. 7855-A on S8cO0d and final
reading. Motion carried: 5 Yeas; 0 Nays.
Consider an Ordinance to abandon an close a
Hill Addition to tFe" �ity�.
Ordinance No. 8450
� easement out o Shadow
This ordinance will close a 2' x 30/ guy easement in the southeast CnrO8r O
Tract E* Shadow Hilld Addition, located at 4th Street and FrdnkfOrd
Avenue. The easement was dedicated by plat for LP&L exclusive use, but is no
longer needed.
The motion was made by C0UnCilwO0dO Baker, seconded by COUDC1l0dn Brown to
pass Ordinance 8450 OD first reading. Motion carried: 5 Yeas 0 Nays.
JWF/mck
ORDINANCE NO. 8450
''v4N'0RD|NANC�E ABANDONING .AND 'CLQ$|NG/\ GUY -EASEMENT LOCATED IN THE SOUTH-
EAST CORNER OF TRACT E, SHADOW HILLS ADDITION TO THECITY 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.
` '
83-42-274-491 Consider rU/naDCe tO''aoanoonl ano all'ey�'Jh Block 12, Overton
Ordinance No. 8451
This 0rdiDODC8 will close the alley in Block 12, Overton Addition between
AV8DUe 3 and Avenue R and 73th Street and Broadway. The alley will be
s0l to the proponent for $1,716.00; an easement will be dedicated to
provide for utilities. Proponent: Louis MUrphe8.
The motion was made Mayor Pro Tp0 Henry, seconded by Councilwoman Baker
to pass Ordinance 8451 on first reading. Motion carried: 5 Yeas; O
HW:mck ORDINANCE NO. 8451
AN ORDINANCE ABANDONING AND CLOSING AN ALLEY LOCATED IN BLOCK 12, 0VEKTUN
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.
275
2MIEW
83-42-275-492 Consider the closing of the 1980-81 Urban Renewal Projects of he 6th
( 26 ) Year CB
Under the 6th Year CDBG, housing activities were performed in
Arett-Benson Phyllis Wheatley, Meadowbrook Villa, Elliston, Bean, Posey
and Stubbs, leaving an unused sum of $223.61 to be returned to the CD
contingency fund.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker
to accepted the completed projects as filed in the Office of the
Community Development Coordinator, and to return the unused sum of $223.61
to the CD Contingency Fund. Motion carried: 5 Yeas; 0 Nays.
83-42-275-493 Consider the allocation of Community Devlopment Contingency funds for two
27 railroad crossings.
In 1983-84, the State Highway Department plans to construct improvements
at three railroad crossings, two of which are located at intersections
that fall within CD target areas: North University Avenue and North
Indiana Avenue.
At North University the State will install gates and widen the median to
8'; the project will be financed 90% Federal funds, 10% state funds. The
City is not required to contribute since University carries th designation
of FM 1264. The City must, however, provide pre-emptor for the traffic
signals at the intersection of North University and Clovis Road, at an estimai
cost of $7,500.
At North Indiana, gates and railroad signals will be installed for a
total cost of $91,000, to be funded 90% Federal, 5% State, 5% City. This
location does not qualify for CD funds, so General Revenue Sharing will
be used.
CD contingency funds will be used to fund the pre-emptor at North
University and Clovis Road and the City's share of the North Indiana and
Clovis Road project in the amount of $12,000.
The motion was made by Councilman Brown, seconded by Councilwoman Baker
to approve the above referenced allocations as stated. Motion carried:
5 Yeas; 0 Nays.
83-42-27(5-494 Consider a time and date for the public hearing for The Jobs Bill.
28 The CDBG allocation was approved for the City of Lubbock in the sum of
$707,000 resulting from the Appropriations Act (The Job Bill) signed by
Present Reagan March 24, 1983 for the purpose of providing productive
employment for the jobless by initiating federal construction projects to
assist the indigent. The CDBG guidelines will apply to the disbursement of
these funds, which are to benefit low/moderate income persons, they are to
aid in the prevention and elimination of blighted areas, and to meet other
CD needs.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman
Baker to hold a public hearing on June 23 at 11:30 A.M. to consider
appropriate projects for the above referenced allocations. Motion
carried: 5 Yeas; 0 Nays.
83-42-27 5-495 Consider a resolution authorizing the Mayor to execute a funding
29 agreement with the Urban Re_n_e_waT"Tg`ency.
This matter was discussed extensively at the 8:30 A.M. Work Session with
John Cammack, Chairman of Urban Renewal Board being present. This
information may be found in the Minutes of the Work Session of this date.
At the regular session, the motion was made by Mayor Pro Tem Henry,
seconded by Councilwoman Baker to delay consideration of this matter
until after the Management Study conducted by Cresap, McCormick and Paget
is presented to and evaluated by the City Council. Motion carried: 5
Yeas; 0 Nays.
83-42-275-496 Consider the price and conditions of sale of Parcel #7B-6-1 in the Lubbock
30 NDP Urban Renewal Area.
Redeveloper: A. C. DeLaCerda and Wife, Jovita DeLaCerda
Price $1,200.00
Redevelopment: Landscaping and adding to adjoining property.
Im
276
83-42-276-497 Consider a resolution authorizing the Mayor to sign Certification
( 31 )Statements for two railroad crossing projects proposed by the Hig
epartment.
Resolution No. 1395
Under the 1983 Federal Railroad Signal Program, the Highway Department
plans to install railroad signals and gates at the intersection of Santa
Fe railroad and North Indiana Avenue, and at North Quaker Avenue.
See Item #27 above for greater detail. General Revenue Sharing funds
will be utilized for the North Quaker Avenue site; CD contingency funds
will be utilized for the North Indiana Avenue site.
JWF:da
RESOLUTION NO. 1395
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 two certification statements to the Texas State Department
of Highways and Public Transportation concerning the installation of railroad
signals and gates at the crossings of Indiana Avenue and Quaker Avenue, res-
pectively, by the Atchison, Topeka & Santa Fe Railway, Department of Trans-
portation Nos. 014925C (Indiana Avenue) and 014922G (Quaker Avenue), 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 Reso-
lution as if fully copied herein in detail.
Passed by the City Council this _26th_day of� MaY_^_ _ .1983.
/S/.Bill McAlister
BILL MCALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Larry Hoffman
Larry Hoffman, Director of Traffic and
Transportation
APPROVED AS TO FORM:
/S/J. Worth Fu11ingim
J. Worth Fullingim, Asst. City Attorney
Lubbock County
Quaker AVe.
ATSF Rwy. Co.
In Lubbock
DOT No. 014 922G
CERTIFICATION STATEMENT
State Department of Highways and Public Transportation
This is to certify that CITY_ OF LUBBOCK approves and accepts the project for the
protection of the described grade crossing and agrees to forward its remittance to the
Department in the approximate amount of $4_,550.00 upon request. The exact amount is
to be determined at the time of project approval. The undersigned also agrees that
advance warning signs and pavement markings will be in accordance with State and
Federal standards at the time of project completion.
Dated this 26th day of May 1983•
Authorized Public Official
BILL MCALISTER, MAYOR OF
SAID CITY OF LUBBOCK
WA
Lubbock County
Indiana Ave.
ATSF Rwy. Co.
In Lubbock
DOT No. 014 925C
CERTIFICATION STATEMENT
State Department of Highways and Public Transportation
This is to certify that CITY OF LUBBn,K Approves and accepts the
City/County
project for the protection of the described grade crossing and agrees to
forward its remittance to the Deparment in the approximate amount of
$ 4,550.00 upon request. The exact amount is to be determined at the time of
project approval. The undersigned also agrees that advance warning signs
and pavement markings will be in accordance with State and Federal standards
at the time of project completion.
Dated this 26th day of May 1983 .
Authorized Public Official
BILL MCALISTER, MAYOR OF
SAID CITY OF LUBBOCK
83-42-277-498 Consider a resolution authorizing the Mayor to sign title sheets or the
( 32 ) plans for two railroad crossing projects propose y the �ay
Department.
*Title pages were returned
to State Highway Dept
via Larry Hoffman - 6/1/83
NOTE: Letter from the State
Department of Highways
& Public Trans. is
filed w/Orig. Reso.
Resolution No. 1396
JWF:da
RESOLUTION NO. 1396
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 his approval for and on behalf of the City of
Lubbock of the.plans for railroad signals and gates for the Atchison,
Topeka and Santa Fe Railway Crossings at Indiana Avenue and Quaker Avenue
by signature of the Mayor on the title sheet thereof, copy of which is
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
26thday of May ,1983.
/S/ Bill McAlister
BILL MCALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Larry Hoffman
Larry Hoffman, Director of Traffic and
Transportation
/s/ J. Worth Fullin ig'm
J. Worth Fullingim, Assistant City Attorney
278
��
~", 28149 3
83-42-278-493
( ]] )
83-42-278-500
| ( 34 )
The motion was made by Councilwoman Baker, 38CUnd8d by COUDcllmdD Brown
to approve the price and conditions Of sale for Parcel 78-6-1 to A. C.
D8LaCerda and Wife, referenced above; to pass Resolutions #1395 and #1395
relating to the installation Of traffic signals and gates and the above
referenced locations, using General Revenue Sharing funds and [D
contingency funds, as well as the signing Of the necessary documents
related thereto. Motion carried: 5 Yeas; O Nays.
J�..,Consi,oer an ordi di Ordinance 8190 to providefor the
Street and Knoxville Avenue, 82nd Street and Quaker Avenue, and 82nd
Street and Albany Avenue.
Ordinance NO. QlqO-A
This ordinance amends Ordinance 8190 which is a CO0pr8h8Os1Y8 listing Of
all traffic signals; any additOnS and deletions should be reflected by
this amended ordinance.
The traffic signals at the intersections Of 82nd 3t. and Fremont, 82nd
St. and Knoxville AV8DUe and 82Od St. and Albany Avenue will be
installed under the school crossing warrant associated with the Opening
of three new elementary schools --Waters, Honey and Whiteside. The traffic
signal at 82nd St. and Quaker will be installed under the minimum
vehicular volume warrant.
General revenue sharing funds will be used to finance the 5Ch0Ol zone
signals and 1979 Bond Funds will be used for the 82nd St./Quaker signal.
The motion was made by COUDCil0aO AdertOO, seconded by Councilman 8pOwO to
pass Ordinance 8190-A on first reading. Motion carried: 5 Yeas; 0 Nays.
JWF/mck
ORDINANCE NO. 81
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 81gU OF THE CITY OF LUBBOCK 50 AS
TO AUTHORIZE FOUR NEWTRAFFIC SIGNALS ON 82ND STREET AT ITS INTERSECTION WITH FREM0NT
AVENUE, KNUXV|LLE AVENUE, QUAKER AVENUE AND AL8ANY AVENUE RESPECTIVELY, AND PROVIDING
FOR PUBLICATION.
Consider a resolution authorizing the Mayor to sign a contract with
Texas Tech for on -campus Transit services.
R8SOlUtiOD No, 1397
The contract period commences September l, 1983 and will terminate August
31, 1984 at a rate Of $24.50 base rate per bus hour with d fuel cost
adjustment below Or above $1.05 d gallon; the price includes operating
pxpense,city administrative costs, depreciation on buses as well as
equipment and indirect costs. The price also includes a building -use
charge and an interest expense.
The Texas Tech Administration has reviewed and approved the referenced
agreement.
The 0OtiOM was made by Councilwoman Baker, seconded by Mayor Pro T80
Henry to pdSS R85OlUtiOD 7397 authorizing the contract with Texas Tech
for 0D-c0UpU3 bus service. Motion carried: 5 Yeas; 0 Nays.
JWF:js
RESOLUTION NO.1397
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 bus service on
the campus of Texas Tech University between Texas Tech University at Lubbock, Texas
l
279
and Transit Management Company of Lubbock attached herewith which shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council sha1'
constitute and be -a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 26th day of May 1983.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaff9a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ John L. Wilson
John L. Wilson, Transit Coordinator
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City orney
AGREEMENT
The Agreement, made and entered into this 26th day of May, 1983, by and between
TRANSIT MANAGEMENT COMPANY OF LUBBOCK (hereinafter referred to as the "Company"),
TEXAS TECH UNIVERSITY at Lubbock, Texas (hereinafter referred to as the "University'
and the CITY OF LUBBICK, TEXAS, a Home Rule Municipal Corporation (hereinafter
referred to as "CITY").
W I T N E S S E T H:
WHEREAS, the parties hereto are aqare of the traffic and parking problems on
the campus of the University as it relates to the expanding campus and the
increasing number of students, staff, and faculty of the University; and
WHEREAS, the above named parties are desirous of relieving some of the traffic
congestion and expediting transit between areas in and immediately adjacent to
said University campus; and
WHEREAS, Company and City have entered into a management agreement dated
October 15, 1983, in which City is obligated to provide certain insurance
covering the operation of the public transportation services in and around the
City of Lubbock including the services provided under the Agreement; and
WHEREAS, this Agreement embodies the intention and resolution of the above named
parties;
NOW, THEREFORE WITNESSETH THIS AGREEMENT:
Te rm
It is agreed and understood by and between the parties hereto that a University
bus service utilizing approximately eight (8) buses will be provided by Company
during the period beginning with September 1, 1983, and terminating on August 31, 1!
provided, however, that either Company or University may terminate said bus
service upon thirty (30) dasy' written notice delivered.to the other by registered
mail.
BUS OPERATIONS
With respect to bus operations, Company and University agree that the following
conditions shall apply:
A. Company will furnish buses having a seating capacity (Manufacture rated)
of not less than 33 wi,th driver -operated front and side doors. It is agreed
that certain seats may be removed from said buses to facilitate the ingress an(
egress necessary to accommodate the high volume of passenger turnover; except I
that all buses will provide seats for not less than 26 passengers. The Company
will provide the necessary personnel to service the route or routes designated
by the University during the period specified in the preceding Paragraph I of
this Agreement. The number of buses and the operating periods will be subject
to continuous review, and the University will advise Company with regard to
its needs and with respect to any changes in the number of buses and/or
operating periods; subject toequipmentavailability, said changes shall be
U
rr�
MAY 2 G 1983
B. In the event that it develops during any portion of the period first specified in
Paragraph I hereinabove, that a change in or extension of a route, removal of a
route, or addition of a new route is necessary of desirable, Company shall make
such changes or extensions of a route or routes, shall remove a route, or shall add
a new route upon University's request. The charges to be made by Company, therefore,
shall be upon the basis, and shall be subject to the conditions and limitations, as
are set forth in Subparagraph E. of this Paragraph hereinbelow. Also, in the event
it develops during said period that an additional bus or buses are required in order
to meet the demand for said bus service during any operating period or periods,
Company, ifit is able to provide same, at the University's written request, shall
provide such additional bus or buses for said service during said operating period
such additional bus or buses for .said service during said operating period or periods
upon the same basis, as is set forth hereinabove. Un.iversity shall have the right
to terminate any such changes, extensions, or new routes upon five (5) days' written
notice to the Company.
C. Buses shall stop to receive or discharge the passengers entitled to use, and using,
bus service at such points as shall be agreed upon from time to time during said
period, between Company and University, and University will identify the points at
which stops will be made by said buses. Acceptable markers will be provided by the
Company.
D. Company will exercise due diligence to adhere to the time schedules hereinabove
referred to, but minor deviations therefrom due to variations in traffic, weather
or load conditions shall not be deemed to be a default hereunder.
E. Company shall not collect fares from its passengers, but shall charge University
for providing said bus service the sum of twenty-four and 50/;00 Dollars ($24.50)
per hour base rate for each bus used in said service, which charge shall be adjusted
each month to reflect any change above or below the monthly average of the actual
price paid per gallon of fuel in that month by Company and base figure of $1.05 per
gallon. The adjustments shall be based on fuel consumption of 2.5 gallons per hour of
operation per vehicle and shall be accomplished according to the following formula:
Adjusted Hourly Rate per Vehicle = BAse Rate + (2.5 X Fuel Cost
Above $1.05 per Gallon)
m
Adjusted Hourly Rate per Vehicle = Base Rate - (2.5 x Fuel Cost
Below $1.05 per Gallon)
Company shall be submit an invoice at the end of each month showing the
amount due for service provided. Contemporaneously therewith, Company
will present University with a billing at the close of operations on the
last day of each month. Such bill to be paid as promptly as possible in
usual course of University business. The Company will provide income and
expense statement at the end of contract period.
Supplement Bus Service
In addition to the scheduled bus service over specified routes as provided for in
Paragraph 11 hereinabove, Company shall furnish such other supplemental service, if
equipment is available, for the transportation of such special groups as may be
designated by University. Such supplemental service shall be furnished by Company at
any time during the hours from 7:00 a.m. to 11:30 p.m., upon receipt of three (3) days'
written notice from University. Company will charge University for providing said
supplemental service the sum specified in Subparagraph E. of Paragraph 11 hereinabove, for
each bus used in said service,. Billing periods and reports of Subparagraph E of Paragraph
II hereinabove, and subject to Paragraph 11, Subparagraphs A & B.
Em
Publicity
University will undertake and conduct a program designed to publicize the existence of
said bus service and to acquaint its staff members and students with the availability of
the same during the period in which it is provided in accordance with and under the
Agreement. The Company will provide appropriate timetables for the convenience of students.
V.
Service Provided
Company will provide and use at all times, buses that are in good and safe mechanical
condition, and are also in reasonable clean condition, and will also provide competent
and duly licensed drivers by whom said buses shall be driven, and company will assume full
and complete responsibility for the condition of said buses and the qualifications and
competence of their drivers at all times, and University assumes no obligations whatsoever
for either of the same.
VI.
Independent Contractor Relationship
281
MAY 26 1983
control or supervision whatever over the drivers of the buses used in said service .
who shall be employed by Company. Said drivers shall constitute Company's employees
only, shall not constitute agents or employees of University, and shall be subject
solely to Company's supervision and control.
Vii.
Insurance and Risk
A. It is recongnized by the parties hereto that Company and the City of Lubbock,
Texas, have entered into an agreement for the purpose of Company, providing
transportation services in and around the City of Lubbock, including to the
University. That under said Agreement, the City carries and keeps in force
an insurance policy insuring both City and Company against liability for
personal injury or property damages arising out of the operation of said bus
services and that the services provided herein are also conducted pursuant to
the Agreement between the City of Lubbock and Company. At all times during
which Company shall provide the bus services mentioned herein and upon the abo)
and foregoing terms and conditions. University shall be protected under City'!
insurance coverage against liability and personal injuries or personal damages
arising out of the operations of said bus service to the extent of at least
$100,000 for personal injury to any one person, $300,000 for each occurrence,
and $50,000 for property damages sustained in any accident or occurrence
arising out of the operation of said bus service and the University shall be
furnished a certificate of City's insurer showing coverage to be at least in tl
sums just stated. Said insurance policy shall name and include "The Board
of Regents of Texas Tech University" as names insured. Said policy or policies
shall, upon request, be subject to, -the examination and approval of University.
B. Company, as a named insured under City's insurance coverage, assumes, to the
extent of the insurance coverage maintained by the City, the risk of and
University shall not be liable for damage to any and all buses or other
Company property used in the bus service operation regardless of the cause
thereof. To the extent of the proceeds of such insurance, the University
shall be reimbursed for any damage or injury to University property arising
out of or resulting from the said bus service opeation except that no such
reimbursement shall be made for (1) damgae to pavement by normal operation of
buses, or (2) any damage or injury caused by acts or omissions over whcih
Company, its employees, or agents had no control.
VIII.
Maintenance
Company agrees to maintain and operate said bus service and the buses used in
providing the same in a safe, efficient and lawful manner and, in so doing, shall
comply with all applicable statutes, municipal ordinances, and traffic rules and
regulations.promulgated by the University.
Miscellaneous
A. It is further agreed that this Agreement is made solely for the benefit
of University and Company, that it is not made for the benefit of any
third person, whether a staff member or student of University, or
otherwise, and that no action or defense may be founded upon this Agree-
ment except by the parties signatory hereto.
B. In no event shall the Company be deemed to be in default of any provision
of this Agreement for failure to perform where such failure is due solely'
to strikes, walkouts, civil insurrections or disorders, acts of God, or
for any other cause or causes wholly beyond the control of the Company.
In such eventuality, the University shall have the right to procure
appropriate transportation service from others during the period. If, fob
any reason beyond the control of the University, including, but not limit€
to, epidemics, student strikes or disorders, or severe weather conditions!
the University may, upon twelve (12) hours' notice to the Company, requesi
the temporary suspension of bus service until the resumption of normal
class schedules, in which event the Company will not furnish buses or
be paid for services until the resumption of services. The University
shall, in such cases, notify the Company twelve (12) hours in advance of
the time service is to be resumed.
282
MAY 2 6 1983
IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed in their
respective names and behalf by their duly authorized officers and agents and their ruspecti
seals to be hereunto affixed, all as of the 26thday of May , 1983
TEXAS TECH UNIVERSITY
/ Lauro F. Cavazos
Dr. Lauro F. Cavazos, President
/Gaffga
Evelyn Gaffga,
City Secretary -Treasurer
TRANSIT MANAGEMENT COMPANY
OF LUBBOCK
Dwiqht Maddox
ACKNOWLEDGED AND AGREED TO ONLY in as
far as set out in Section V|| A and B:
CITY OF LUBBOCK
/S/ Bill McAlister
TIT -McAlister, Mayor
APPROVED AS TO CONTENT:
/
John L. Wilson, Transit
Coordinator
APPROVED AS TO FORM:
Fullingim
J. Worth Fullingim
Assistant City Attorney
Consider resolution th � i theM t execute COOtrOCt3 with the
83-42-282-501 n� �r u r�c�u u ux uu or / ./
( 35 ) Texas rornm and n//u///e Department
Resolution 1398 A - E
On February 10, 1983 /R8S0, 1316\ the Council authorized grant
applications with the Texas Parks and Wildlife Dept. for matching funds
/ for the acquisition and development Of recreational areas and facilities.
Five grant applications incorporating twelve projects for a total Of
$692,292 in local funding have been approved, all projects are for
Mackenzie State Park, Two projects for Mackenzie Park (outdoor
recreation center and O Master Plan) were not approved; the construction
of a road on the south Side of Lake #6 was not approved, although the
lighting for this same areas was approved
The five contracts are:
3-42-283-501 Resolution 1398-A
/ 35A \
3-42-285-501 Resolution 1398-8
3-42-287-501 R85OlUtiOD 1398-[
( 35C )
3-42-289-501 0eSOlUtiOO 1398-D
( 35D )
83-42-291-501 Resolution 1398-E
Project 20-00093 Paving roads in
ballfi8ld area;
improvements in rest -
rooms, lighting at
ballfiBldS, all at
Mackenzie Park
Project 20-00094 Neighborhood Park
Development (Berry,
Chdt0dD, Hollins,
Pioneer).
Project 70-00095 Land acquisition for
I-27 Park linking
Aztlan On the East to
Mackenzie On the west.
Project 20-00095 Canyon Lake #6 Park
development.
Project 20_00097 Develop Overton South
Park.
i • �
The projects will total $732,1678 of which the City will fund $366,084.
The Motion was made by Councilman Aderton, seconded by Mayor Pro Tem
Henry to pass Resolution 1398-A, 1398-B, 1398-C, 1398-D and 1398-E,
authorizing the above referenced contracts. Motion carried: 5 Yeas; 0
Nays.
JMS:js
RESOLUTION NO. 1398-A
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY
OF LUBBOCK TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK
AND THE STATE OF TEXAS PARKS AND WILDLIFE DEPARTMENT AND A CERTIFICATE
OF LAND DEDICATION FOR PARK USE.
WHEREAS, on February 10, 1983, the City Council of the City of
Lubbock passed Resolution Number 1316 authorizing the Mayor of the City
of Lubbock to execute on behalf of the City of Lubbock Applications for
Matching Grants provided by the Land and Water Conservation Fund Program
and the Texas Local Parks, Recreation and Open Space Fund Program for
acquisition and development of outdoor recreation areas and facilities,
including all understandings and assurances connected therewith; and
WHEREAS, the City of Lubbock applied for a matching grant from
the Texas Local Parks, Recreation and Open Space Fund for the further
development of the existing 542 acres of MacKenzie Park; and
WHEREAS, the Texas Parks and Wildlife Department has approved
a matching grant of $123,768 to fund the Lubbock MacKenzie Park Project
Number 20-00093; and
WHEREAS, the City Council of the City of Lubbock finds that
the citizens of the City of Lubbock will benefit from the execution of
the proposed project and desires to accept said matching grant; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. 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 Texas Local Parks, Recreation and Open Space Fund Agreement
for Project Number 20-00093 entitled Lubbock MacKenzie Park between the
City of Lubbock and the State of Texas Parks and Wildlife Department,
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.
SECTION 2. 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 Certificate of Land Dedication for Park Use for Lubbock
MacKenzie Park Project No. 20-00093, which Certificate, 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
1983.
ATTEST:
26th day of May ,
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/
Jim Weston, Director of Community Facilities
APPROVED AS TO FORM:
/S/ Joan M. Sherwin
Joan M. Sherwin, Assistant City Attorney
/S/ Bill McAlister
BILL McALISTER, MAYOR
284
MAY 2 6 I
-NOTE: General
provisions & other
related documents are
filed with Orig.
Reso. No. 1398-A
Reso. 1398-A
TEXAS PARKS AND WILDLIFE DEPARTMENT
Texas Local Parks, Recreation, and Open Space Fund Agreement
Texas Parks and Wildlife Department Number 20-00093
Project Name i,1hhock MacKenzie Park
Project Periof 5-15-83 to 5-15-86
Project Cost $9 7-1; a e un S123.768
The undersigned political subdivision agrees to furnish the Department a
comprensive report detailing the present and anticipated use of the
property, any contiguous additions to the property and any major changes
in the character of the property, including the extent of park
development which may have taken place. This report will be furnished on
the anniversary date of the grant (date the Department signed this
project agreement) for five years.
PROJECT SCOPE (Description of Project)
The City of Lubbock will further develop and redevelop existing 542 acre MacKenzie Park to
include the following; paving of roads in the ballfield area, 2 restrooms, removal of
existing overhead utility lines in the ballfield area, replace light fixtures at the
6 existing ball fields, landscaping in the west and southwest portions of the park and sign)
A PERMANENT PROJECT RECOGNITION SIGN OR PLAQUE IS REQUIRED TO BE
MAINTAINED AT EACH PROJECT SITE.
ALL UTILITY LINES WILL BE PLACED UANDERGROUND.
The following attachment is hereby incorporated into this Agreement
General Provisions dated June, 1980
STATE OF TEXAS POLITICAL SUBDIVISION
By
Charles D. Travis
Title: Exec. Dire.
APPROVED AS TO CONTENT:
/s/ Jim Weston
Jim Weston, Dir., Comm. Fac.
City of Lubbock
By: /S/ Bill McAlister
APPROVED AS TO FORM:
/s/ Joan M. Sherwin
Joan M. Sherwin, Asst. City Atty
CERTIFICATE OF LAND DEDICATION FOR PARK USE
(LPF Program)
This is to certify that a permanent record shall be kept in the City of Lubbock
public property records and available for public inspection
to the effect that the property described in the scope of the project agreement for
(Project Number 20-00093), and the dated project boundary map
mad e part o teat agreement, has been acquired or developed with Texas Local Parks,
Recreation, and Open Space Fund Program assistance, and that it cannot be converted to
other than public outdoor recreation use without the written approval of the Executive
Director of the Texas Parks and Wildlife Department.
APPROVED AS TO CONTENT:
/S/ Jim Weston
Jim Weston, Director of Community
Facilities
rG\»Z1ir/: 117_V.Iar0T9[il7u'�
/S/ Joan M. Sherwin
Assistant City Attorney
/S/ Bill McAlister
Signature
Bill McAlister, Mayor
Name and Title type
May 26, 1983
Date
285
JMS:js
RESOLUTION NO. 1398-B
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF
LUBBOCK TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND
THE STATE OF TEXAS PARKS AND WILDLIFE DEPARTMENT AND A CERTIFICATE OF
LAND DEDICATION FOR PARK USE.
WHEREAS, on February 10, 1983, the City Council of the City of
Lubbock passed Resolution Number 1316 authorizing the Mayor of the City
of Lubbock to execute on behalf of the City of Lubbock Applications for
Matching Grants provided by the Land and Water Conservation Fund Program
and.the.Texas.Local.Parks, Recreation and Open Space Fund Program for
acquisition and development of outdoor recreation areas and facilities,
including all understandings and assurances connected therewith; and
WHEREAS, the City of Lubbock applied for a matching grant from the
Texas Local Parks, Recreation and Open Space Program for the development
of four neighborhood parks consisting of Berry Park, Chatman Park,
Hollins Park and Pioneer Park; and
WHEREAS, the Texas Parks and Wildlife Department has approved a
matching grant of $42,188 to fund the. Lubbock Neighborhood Parks Project
No. 2000094; and
WHEREAS, the City Council of the City of Lubbock finds that the
citizens of the City of Lubbock will benefit from the execution of the
proposed project and desires to accept said matching grant; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. 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 Texas Local Parks, Recreation and Open Space Fund Agreement
for Project Number 20-00094 entitled Lubbock Neighborhood Parks between
the City of Lubbock and the State of Texas Parks and Wildlife Department,
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 thie Resolution as if fully copied herein in detail.
SECTION 2. 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 Certificate of Land Dedication for Park Use for the property
described in the scope of the project agreement for the Lubbock Neighborhood
Parks Project No. 20-00094, which Certificate, 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 26th day of Ma
1983.
/S/ Bill McAlister
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Jim Weston
Jim Weston, Director of Community Facilities
APPROVED AS TO FORM:
/S/ Joan M. Sherwin
Joan M. Sherwin, Assistant City Attorney
R, MAYOR
MR
(*NOTE: General
Provision & other
elated documents are
riled w/Orig. Reso.
Jo, 1398-B
TEXAS PARKS AND WILDLIFE DEPARTMENT
Texas Local Parks, Recreation, and Open Space Fund Agreement
Texas Parks and Wildlife Department Number 20-00094
Project Name Lubbock Neighborhood Parks
Project Period 5-15-83 to 5-15-86
Project ,CPSV� $84.376 Approved State Funds $42,188
The undersigned political subdivision agrees to furnish the Department a
comprehensive report detailing the present and anticipated use of the
property, any contiguous additions to the property and any major changes
in the character of the property, including the extent of park
development which may have taken place. This report will be furnished on
the anniversary date of the grant (date the Department signed this
project agreement) for five years.
PROJECT SCOPE (Description of Project)
The City of Lubbock will develop four neighborhood parks as follows: The initial developme1
of 3+ acre Berry Park to include 4 picnic units with individual covers, playground, unlightE
folleyball court, benches and signs; The further development of existing 3 acrd Chatman Par
to include 6 picnic units with individual covers, playground, benches and signs; The
further development of existing 3_acre Hollins Park to include 6 picnic units with individu
covers, playground, landscaping and signs; The further development of existing 5 acre
Pioneer Park to include site preparation, 4 picnic units with individual covers, landscapinc
and signs. I
A PERMANENT PROJECT RECOGNITION SIGN OR PLAGUE IS REQUIRED TO BE MAINTAINED AT EACH PROJECT'
SITE.
A PERMANENT PROJECT RECOGNITION SIGN OR PLAQUE IS REQUIRED TO BE
MAINTAINED AT EACH PROJECT SITE.
ALL UTILITY LINES WILL BE PLACED UANDERGROUND.
The following attachment is hereby incorporated into this Agreement
General Provisions dated June, 1980
STATE OF TEXAS
unaries u, iravis
Title: Exec. Dire.
DATE:
APPROVED AS TO CONTENT:
/s/ Jim Weston
Jim Weston, Dir., Comm. Fac.
City of Lubbock
By:/S/ Bill McAlister
Bill McAlister, Mayor
DATE: May 26, 1983
/s/ Joan M. Sherwin
oan M. Sherwin, Asst. City Atty.
CERTIFICATE OF LAND DEDICATION FOR PARK USE
(LPF Program)
This is to certify that a permanent record shall be kept in the City of Lubbockpublic propel
City, County, other)
records and available for public inspection to the inspection to the effect that the
property described inthe scope of the project agreement for the Lubbock Neighborhood Parks
Name of Park
(Project Number 20-00094), and the dated project boundary map made part of that agreement,
has been acquired or developed with Texas Local Parks, Recreation, and Open Space Fund
Program assistance, and that it cannot be converted to other than public outdoor recreation
use without the written approval of the Executive Director of the Texas Parks and Wildlife
Department.
APPROVED AS TO CONTENT:
Jim Weston
Jim Weston, Director of
Community Facilities
/S/ Bill McAlister
Signature
Name and Title Type
May 26, 1983
Date
Ity
APPROVED AS TO FORM:
Innn M Charuai n
JNS:js
RESOLUTION NO. l 8
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF
LUBBOCK TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND
THE STATE OF TEXAS PARKS AND WILDLIFE DEPARTMENT AND A CERTIFICATE OF
LAND DEDICATION FOR PARK USE.
WHEREAS, on February lU, 1483, the City Council of the City of
Lubbock passed Resolution Number 1316 authorizing the Mayor of the City
of Lubbock toexecute on behalf of the City of Lubbock Applications for
Hatching Grants provided by the Land and Water Conservation Fund Program
and the Texas Local Parks, Recreation and Open Space Fund Program for
acquisition and development of outdoor recreation areas and facilities,
including all understandings and assurances connected therewith; and
WHEREAS, the City of Lubbock applied for a matching grant from the
Texas Local Parks, Recreation and Open Space Fund for the acquisition by
purchase of 3.31+ acres of land and the development of an additional 29+
acres for the Lubbock Interstate 27 Park; and
WHEREAS, the Texas Parks and Wildlife Department has approved a
matching grant of $92,780 to fund the Lubbock Interstate 27 Park Project
Number 20-00095; and
WHEREAS, the City Council of the City of Lubbock finds that the
citizens of the City of Lubbock will benefit from the execution of the
proposed project and desires to accept said matching grant; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1, 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 Texas Local Parks, Recreation and Open Space Fund Agreement
for Project Number 20-00095 entitled Lubbock Interstate 27 Park between
the City of Lubbock and the State of Texas Parks and Wildlife Department,
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.
SECTION 2. 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 Certificate of Land Dedication for Park Use for Lubbock
Interstate 27 Park Project No. 20-00095, which Certificate, 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 26th day of May 1983.
`
/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/5/ Jim Weston
Jim Weston, Director of Community Facilities
APPROVED AS TO FORM:
/S/ Joan M. Sherwin
MAY 2 6 1983
TEXAS PARKS AND WILDLIFE DEPARTMENT Reso. 1398-C
-NOTE: General
Provisions & other Texas Local Parks, Recreation, and Open Space Fund Agreement
related documents are
fled w/Orig. Reso. 1398-C
Texas Parks and Wildlife Department Number 20-00095
Project Name Lubbock Interstate 37 Park
Project Period , :.
Project Cost $18S,560 Approved State Funds $92,780
The undersigned political subdivision agrees to furnish the Department a
comprehensive report detailing the present and anticipated use of the
property, any contiguous additions to the property and any major changes
in the character of the property, including the extent of park
development which may have taken place. This report will be furnished on
the anniversary date of the grant (date the Department signed this
project agreement) for five years.
PROJECT SCOPE (Description of Project)
The City of Lubbock will acquire by purchase 3.31+ acres of land and develop as additional
29+ acres for Interstate 27 Park. The purpose of this project is to provide a link between
tow existing parks, Aztlan on the east and MacKenzie on the west. The portion of the road
and trail in the right-of-way for proposed Interstate 27 will be constructed by the Highway
Department at no cost to the project. Proposed development includes an asphalt hike/bike
trail, a paved road, playround, 10 picnic units with covers, benches, security lighting and
signs.
A PERMANENT PROJECT RECOGNITION SIGN OR PLAQUE IS REQUIRED TO BE
MAINTAINED AT EACH PROJECT SITE.
ALL UTILITY LINES WILL BE PLACED UANDERGROUND.
The following attachment is hereby incorporated into this Agreement
General Provisions dated June, 1980
STATE OF TEXAS POLITICAL SUBDIVISION
By
Charles D. Travis
Title: Exec. Dire.
DATE:
/s/ Jim Weston
Jim Weston, Dir., Comm. Fac.
City.of Lubbock
By:/S/ Bill McAlister
BILL MCALISTER, MAYOR
DATE: May 26,_1983
APPROVED AS TO FORM:
/s/ Joan M. Sherwin
Joan M. Sherwin, Asst. City Atty.
CERTIFICATE OF LAND DEDICATION FOR PARK USE
(LPF Program)
This is to certify that a permanent record shall be kept in the City of Lubbock
City, County, other
public property records and available for public inspection to the effect that the property
described in the scopr of the project agreement for Interstate 27 Park (Project
Number 20-000095) and the dated project boundary map made part of that agreement, has bee
acquired or developed with Texas Local Parks, Recreation, and Open Space Fund Program
assistance, and that it cannot be converted to other than public outdoor recreation use
without the written approval of the Executive Director of the Texas Park and Wildlife
Department.
APPROVED AS TO CONTENT:_
/S/ Jim Weston
Jim Weston, Director
Community Facilities
APPROVED AS TO FORM:
/s/ Joan M. Sherwin
Assistant City Attorney
/S/ Bill McAlister
Signature
/S/ BILL MCALISTER, MAYOR
Name and Title type
May 26, 1983
Date
JMS:js
RESOLUTION NO. 1398-D
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF
LUBBOCK TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND
THE STATE OF TEXAS PARKS AND WILDLIFE DEPARTMENT AND A CERTIFICATE OF
LAND DEDICATION FOR PARK USE.
WHEREAS, on February 10, 1983, the City Council of the City of
Lubbock passed Resolution Number 1316 authorizing the Mayor of the City
of Lubbock to execute on behalf of the City of Lubbock Applications for
Matching Grants provided by the Land and Water Conservation Fund Program
and the Texas Local Parks, Recreation and Open Space Fund Program for
acquisition and development of outdoor recreation areas .and facilities,
including all understandings and assurances connected therewith; and
WHEREAS, the City of Lubbock applied for a matching grant from the
Texas Local Parks, Recreation and Open Space Fund for the further development
of Lubbock Canyon Lake #6 Park; and
WHEREAS, the Texas Parks and Wildlife Department has approved a
matching grant of $66,848 to fund the Lubbock Canyon Lake #6 Park Project
Number 20-00096; and
WHEREAS, the City Council of the City of Lubbock finds that the
citizens of the City of Lubbock will benefit from the execution of the
proposed project and desires to accept said matching grant; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. 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 Texas Local Parks, Recreation and Open Space Fund Agreement
for Project Number 20-00096 entitled Lubbock Canyon Lake #6 Park between
the City of Lubbock and the State of Texas Parks and Wildlife Department,
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.
SECTION 2. THAT the Mayor of the City of Lubbock BE and is
here.by authorized and directed to execute for and on behalf of the City
of Lubbock a Certificate of Land Dedication for Park Use for Lubbock
Canyon Lake #6 Park Project No. 20-00096, which Certificate, 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 9hth day of
1983.
R, MAYOR
ATTEST:
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
JSJ Jim WPS trin
Jim Weston, Director of Community Facilities
APPROVED AS TO FORM:
/'/ Anan M 1;her win
Joan M. Sherwin, Assistant City Attorney
290
MAY 2 6 1983
Reso. 1398-D
TEXAS PARKS AND WILDLIFE DEPARTMENT
NOTE: General Texas Local Parks, Recreation, and Open Space Fund Agreement
rovisions & other
elated documents
re filed w/Orig. Texas Parks and Wildlife Department Number 20-00096
eso. 1398-D
Project Name Lubbock Canvon Lake #6'Park
Project Period s-iS-83 to-S11S-86
Project Cost $133,696 Approved State Funds
The undersigned political subdivision agrees to furnish the Department a
comprehensive report detailing the present and anticipated use of the
property, any contiguous additions to the property and any major changes
in the character of the property, including the extent of park
development which may have taken place. This report will be furnished on
the anniversary date of the grant (date the Department signed this
project agreement) for five years.
PROJECT SCOPE (Description of Project)
The City of Lubbock will further develop 304 acre Canyon Lake #6'Park to include site
preparation, playground, a lighted asphalt hike and bike trail, group picnic shelter,
12 picnic units with individual covers, security lighting and signs.
A PERMANENT PROJECT RECOGNITION SIGN OR PLAQUE IS REQUIRED TO BE
MAINTAINED AT EACH PROJECT SITE. -
ALL UTILITY LINES WILL BE PLACED UANDERGROUND.
The following attachment is hereby incorporated into this Agreement
General Provisions dated June, 1980
STATE OF TEXAS
By
Charles D. Travis
Title: Exec. Dire.
DATE:
APPROVED AS TO CONTENT:
/s/ Jim Weston
Jim Weston, Dir., Comm. ac.
POLITICAL SUBDIVISION
City of Lubbock
NAME OF POLITICAL SUBDIVISION
By:/S/ Bill McAlister
BILL MCALISTER, MAYOR
DATE: May 26, 1983
1 2 �' ii 1 .f0 11M
/s/ Joan M. Sherwin
Joan M. Sherwin, Assf. City Atty.
CERTIFICATE OF LAND DEDICATION FOR PARK USE
OF Program)
This is to certify that a permanent record shall be kept in the City of Lubbock
city, county, other
public property records and available for public inspection to the evvect that the
property described in the scope of the project agreement for Canyon Lake #6 Park
name of park
(Project Number 20-00096), and the dated project boundary map made part of that agreement,
has been acquired or developed with Texas Local Parks, Recreation, and Open Space Fund
Program assistance, and that it cannot be converted to other than public outdoor recreation''
use without the written approval of the executive Director of the Texas Parks and Wildlife
Department.
/S/ Bill McAlister
Signature
BILL MCALISTER, MAYOR
Name and Title type
APPROVED AS TO CONTENT:
/S/ Jim.Weston May 26, 1983
Jim Weston, Director of Date
Community Facilities
APPROVED AS TO FORM:
/S/ Joan M. Sherwin
Assistant City Attorney
W
JMS: js
RESOLUTION NO. 1398-E
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF
LUBBOCK TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND
THE STATE OF TEXAS PARKS AND WILDLIFE DEPARTMENT AND A CERTIFICATE OF
LAND DEDICATION FOR PARK USE.
WHEREAS, on February 10, 1983, the City Council of the City of
Lubbock passed Resolution Number 1316 authorizing the Mayor of the City
of Lubbock to execute on behalf of the City of Lubbock Applications for
Matching Grants provided by the Land and Water Conservation Fund Program
and,,the Texas;Local Parks, Recreation and Open Space Fund Program for
acquisition and development of outdoor recreation areas and facilities,
including all understandings and assurances connected therewith; and
WHEREAS, the City of Lubbock applied for a matching grant from the
Texas Local Parks, Recreation and Open Space Fund for the development of
Lubbock Overton South Park; and
WHEREAS, the Texas Parks and Wildlife Department has approved a
matching grant of $40,500 to fund the Lubbock Overton South Park Project
Number 20-00097; and
WHEREAS, the City Council of the City of Lubbock finds that the
citizens of the City of Lubbock will benefit from the execution of the
proposed project and desires to accept said matching grant; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. 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 Texas Local Parks, Recreation and Open Space Fund Agreement
for Project Number 20-00097 entitled Lubbock Overton South Park between
the City of Lubbock and the State of Texas Parks and Wildlife Department,
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.
SECTION 2. 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 Certificate of Land Dedication for Park Use for Lubbock
Overton South Park Project No. 20-00097, which Certificate, 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 26th day of May , 1983.
/S/ Bill McAlister
BILL McALISTER, MA
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/Jim Weston
Jim Weston, Director of Community Facilities
APPROVED AS TO FORM:
/S/ Joan M. Sherwin
Joan M. Sherwin, Assistant City Attorney
'j
MAY 2 6 1983
-NOTE: General
Provisions & other
related documents are
filed w/Orig. Reso.
No. 1398-E
Reso. 1396-E
TEXAS PARKS AND WILDLIFE DEPARTMENT
Texas Local Parks, Recreation, and Open Space Fund Agreement
Texas Parks and Wildlife Department Number
Project Name
Lubbock Overton South Park
Project Period 5-15-83 to 5-15-86
9929EKOVA
Project Cost $81,000 Approved State Funds $40,500
The undersigned political subdivision agrees to furnish the Department a
comprehensive report detailing the present and anticipated use of the
property, any contiguous additions to the property and any major changes
in the character of the property, including the extent of park
development which may have taken place. This report will be furnished on
the anniversary date of the grant (date the Department signed this
project agreement) for five years.
PROJECT SCOPE (Description of Project)
The City of Lubbock.wil develop 1.7+acre Overton South Park to include a group picnic shelt€
7 picnic units with indivicual covers, a playground, landscaping, tan irrigation system,
security lights and signs.
Preagreement costs incurred from 11-1-82 to date of project approval in the amount not to
exceed $1,625 shall be allowable under this agreement.
A PERMANENT PROJECT RECOGNITION SIGN OR PLAQUE IS REQUIRED TO BE
MAINTAINED AT EACH PROJECT SITE.
ALL UTILITY LINES WILL BE PLACED UANDERGROUND.
The following attachment is hereby incorporated into this Agreement
General Provisions dated June, 1980
STATE OF TEXAS
By
Charles D. Travis
Title: Exec. Dire.
APPROVED AS TO CONTENT:
/s/ Jim Weston
Jim Weston, Dir., Comm. Fac.
POLITICAL SUBDIVISION
City of Lubbock
By:/S/ Bill McAlister
BILL MCALISTER, MAYOR
DATE: May 26, 1983
/s/ Joan M. Sherwin
Joan M. Sherwin, Asst. City Atty.
CERTIFICATE OF LAND DEDICATION FOR PARK USE
(LPF Program)
This is to certify that a permanent record shall be kept in the City of Lubbock
city, county, other
public property records and available for public inspection to the effect that the
property described in the scope of the project agreement for Overton South Park
Name of park
(Project Number 20-00097), and the dated project boundary map made part of that agreement,
has been acquired or developed with Texas Local Parks, Recreation, and Open Space Fund
Program assistance, and that it cannot be coverted to other than public outdoor recreation
use without the written approval of the Executive Director of the Texas Parks and Wild-
life Department.
APPROVED AS TO CONTENT:
/S/ Jim Weston
Jim Weston, Director of
Community Facilities
APPROVED AS TO FORM:
/S/ Bill McAlister
Signature
/S/ BILL McALISTER, MAYOR
Name and Title type
/S/May 26, 1983
Date
yr,
/S/Joan M. Sherwin
Assistant City Attorney
293
mAY 26 1983
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Bonmie McKee a Notary Public in and for
personally appeared Twi I a Aufi 1 I i Account Manager
pers Corporation, publishers of the Lubbock Avalanche -Journal — M
being by me duly sworn did depose and say that said newspaper has be
than fift tw weeks prior to the first insertion of this � Q¢a I No
wo _3- 10.00 No 677946 at Lubbock C
ed copy of the Notice is a true copy of the
Avalanch -,Journal on the following dates: May 119 198?,;;��
L- 20
Account ManageW
LUBBOCK AVALANCHE-JOURN
Southwestern Newspapers Cor,,�
Subscribed and s
FORM 58-10
19-8 3
TAft PUKX
STATE OF TEXAS
,fA= 0M CORES 14OV.10.1964
I on this day
tern Newspa-
Sunday, who
sly for more
the attached print-
°%Vo nted in the Lubbock
PUBLISHER'S AFFI-DAVIT FOR THE FOLLOWING ZONE CASES:
Zone Case No. 2324-B 83-42-266-478
( 14 )
Zone
Case
No.
2115-C
83-42-267-479
( 15 )
Zone
Case
No.
1970-A
83-42-268-480
( 16 )
Zone
Case
No.
2402
83-42-268-481
( 17 )
Zone
Case
No.
2404
83-42-269-482
( 18 )
Zone
Case
No.
2104-B
83-42-270-483
( 19 )
Zone
Case
No.
1919-B
83-42-270-484
( 20 )
Zone
Case
No.
2216-A
83-42-271-485
( 21 )
Zone
Case
No.
1490-E
83-42-272-486
( 22 )
'�Ify
29.+
MAY 2 6 1983
83-42-294-502
( 36 )
NOTE: Exhibit A
filed w/0`rig. Reso.
Consider a resolution authorizing the M
Resolution 1292-A
an amendment to the
On January 13, 1983, the Council authorized an agreement with the Lubbock
Cultural Affairs Council (Reso. 1292), involving a portion of the
revenues collected from the Hotel -Motel Occupancy Tax for the purpose of
encouraging all forms of art in the community.
One of the provisions in this agreement as in previous agreements related
to the City nor the Cultural Affairs Council itself being eligible for
funding from this program. It is now proposed to delete this
restriction.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker
to pass Resolution 1292-A, amending Resoluton 1292. Motion carried: 5
Yeas; 0 Nays.
JMS:js
RESOLUTION NO. 1292-A
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
Amendment to the Agreement of January 3, 1983, between the City of
Lubbock, Texas and the Lubbock Cultural Affairs Council, this Amendment,
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
1983.
26th day of May ,
/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/ Joan M. Sherwin
Joan M. Sherwin, Assistant City Attorney
THE STATE OF TEXAS X
COUNTY OF LUBBOCK X
AMENDMENT TO AGREEMENT OF
JANUARY 3, 1983, BETWEEN THE
CITY OF LUBBOCK, TEXAS, AND THE
LUBBOCK CULTURAL AFFAIRS COUNCIL
WHEREAS, the City of Lubbock, Texas, and the Lubbock Cultural Affairs Council entered
into an Agreement on January 3, 1983, whereby the City agreed to pay the Council a
portion of the hotel occupancy tax levied pursuant to Article 1269J-4.1 of
Vernon's Annotated Civil Statutes for the purpose of funding a grants-in-aid for the
advancement of the arts and humanities in the Lubbock Community; and
WHEREAS, the City did adopt, ratify and affirm certain Guidelines and the
procedures set forth therein governing the dispersal of said grant funds to eligible
applicants; which Guidelines were incorporated into said Agreement as Exhibit A thereto;
and
WHEREAS, the City Council of the City of Lubbock now finds that the public
interest will be served by amending said Guidelines in order not to exclude any worthwhile
project;
NOW THEREFORE, the City of Lubbock and the Lubbock Cultural Affairs Council do
L... .-.. 4... -... --- t1,-4- t-k- C.,:A.-I:--- -tt-..-k-A +-- +he k. — rloc`-ri F.o fl A-ro o mont of 2 1QR�
am
nl. The City of Lubbock and the Lubbock Cultural Affairs Council
are not eligible for funding in this program.''
It is the intention of the parties to this Amendment to the Agreement of
January 3, 1983, between the City of Lubbock and the Lubbock Cultural Affairs
Council that the City of Lubbock shall be eligible to apply for grants under the
program created by said Agreement.
EXECUTED This 26th day of M , 1983.
THE CITY OF LUBBOCK
BY: /S/ Bill McAlsiter
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:
LUBBOCK
CULTURAL AFFAIRS
COUNCIL
BY:
/S/ Joan M. Sherwin
Joan M. Sherwin
Assistant City Attorney
83-42-295-503 Consider l tion accepting water and sewer improvements
( 37 \ Block / FUrr-Wolf Addition.
R830lUtiOM 1349 ,
RESOLUTION NO. 1399
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR
LOT l BLOCK 7, FUAR WOLF ADDITION.
WHEREAS, the developer of lot l Block 7, Furr Wolf Addition
have complied with the provision of the City of Lubbock Coda, Chapter
34, Article 2, by providing the water and sewer improvements for said
addition in accordance with paragraph 61 of said Chapter 34, and
WHEREAS, the total utility cost to the developer is $21,370.21
with the improvements constructed by Panhandle Construction Company
having a value of $18,854.75 as determined by the unit prices established
by said Chapter 34, and $2,515,46 cash paid to the City with Sandlewood
Development Company, the developer, to receive a refund of deposit in
the amount of $3,538.36, and,
WHEREAS, the construction of the said water and sower improvements
was performed under the supervision of the Water Utilities Engineer and
completed in accordance with the City of Lubbock's plans and specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
l. That the improvements be and the same are hereby accepted
as an lntergral part of the water and sewer system of the City
of Lubbock.
2. That a refund of deposit be made in the amout of $3,538.36.
296
MAY Q 6 1983
3. This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 26th DAY OF May 1983.
/S/ Bill McAlister
BILL MCALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
/S/ Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
/S/ J. Worth Fullingim for
John C. Ross, Jr., City Attorney
83-42-296-504 Consider accepting improvements constructed under contract for Primary
( 38 ) and econdary roads and well stands and related construction, and
authorize final payment to contractor eso. 1355).
The original contract was for $60,210; the final contract is f
$56,807.73; the contractor, Ellison Dozer Co. Inc. is due $3,7610.60 as
final payment.
83-42-296-505 Consider a resolution authorizing the Mayor to sign a water service
( 39 ) contract with Texas Tech.
Resolution 1400
This agreement is for the purchase of water from Texas Tech; it is a ten
year contract and the price is the same as the bid submitted to Texas
Tech. This contract is subject to the approval of the Health Department.
*NOTE: Exhibit "A", DGV:da
"B", and Letter
from Mr. Jerry House RESOLUTION NO. 1400
is filed w/Reso.
WHEREAS, Texas Tech University has available a source of potable
underground water upon its property within the City of Lubbock, which water
should be pumped from the ground .in order to eliminate danger to buildings and
facilities caused by a rising water table; and
WHEREAS, the City of Lubbock desires to obtain such potable water
for its municipal water supply; and
WHEREAS, the City Council of the City of Lubbock deems it to be in
the best interests of the citizens of the City of Lubbock to execute a contract
with Texas Tech University pertaining to such potable water; 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 the purchase of potable
water from Texas Tech University, a copy of which contract is attached hereto
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 26th day of May , 1983•
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
oppRrn1rn AC Tn FnRM-
297
THE STATE OF TEXAS X
X KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK X
THIS AGREEMENT Entered into by and between the City of Lubbock
(hereinafter called "City"), a home rule municipal corporation of Lubbock
County, Texas, and Texas Tech University (hereinafter called "University"),
an institution of higher education of the State of Texas.
W1TKIG4Z1ZFT41
WHEREAS, the University has available a source of potable water upon its
property within the City of Lubbock, which water should be pumped from
the ground in order to eliminate the danger to buildings upon such property
caused by a rising water table; and
WHEREAS, the City desires to obtain such potable water for its
municipal water supply; and
WHEREAS, the Board of Regents of the University find it to be in
the best interest of the University to make such potable water available
to the City; and
WHEREAS, the City Council deems it to be in the best interest of
the citizens of the City of Lubbcok to acquire such water fo the municipal
water supply;
NOW THEREFORE, for and in consideration of the mutual covenants
expressed herein and for other good and valuable consdieration, the parties
hereto agree as follows:
1. P;; 1 — The purpose of this Agreement is to provide the
City with a source of potable underground water during the to
of this Agreement and to remove a hazard to the buildings on
campus while providing a market for such potable water at the
same time.
2. TERM. The term of this Agreement shall be for ten (10) years
from the date of its execution. Upon the termination of this
Agreement, the University shall not sell such potable water
to others without first offering said potable water to the Cit)
3. DESCRIPTION. The University hereby agrees to sell to the City
all the potable underground water produced by the "Sixth Street
Well", which well is shown upon the map attached hereto as
Exhibit A, during the term of this Agreement. The City's right
to such potable underground water shall be exclusive during
such time.
4. MINIMUM AMOUNT. The City hereby agrees to pump said Sisth
Street Well not less than 4,320 hours per year during the term
of this Agreement.
5. HEALTH DEPARTMENT APPROVAL. This AGreement shall not be
effective without Texas Department of Health approval of the
use of such well as a source of potable water. The City shall
obtain such approval prior to any obligation of the City to
expend funds upon such well or associated facilities or equip-
ment. The City agrees to amintain the well and associated
facilities and equipment in accordance with all present and
future requirements of the Texas Department of Health.
6. COMPENSATION. Compensation for such potable water shall be
made by the City to the University in accordance with the
provisions of Exhibit B attached hereto. The City shall pay
all costs of pumping.
rM
CONTROL AND JURISDICTION. The University, under authority of
Sec. 109.48 of the Texas Education Code, hereby agrees to alloy
the City access to the Sixth Street Well for purposes of main-
taining said well in operating condition, such access shall be
by the route designated on the map attached hereto as Exhibit
A. The University further agrees to grant the City any requirE
easement to construct and maintain pipelines to connect such
water supply to the municipal water system. The City hereby
agrees to submit any required housing to the University for
approval as to the materials and design. The University will
place a gate in the cyclone fence on the South side of Sixth
Street at the well site. I
8. HOLD HARMLESS. The City hereby agrees to hold the University
harmless from any liability arising from the City's exercise
of the rights granted herein upon the University's property.
9. OPERATIONS TO BEGIN. The City hereby agrees to begin pumping
operations during the 1983 calendar year.
��
'`A' 2 6 Y9A,3
EXECUTED this 26thday of 1983.
TEXAS TECH UNIVERSITY
/S/ Lauro F. Cavazos
Dr. Lauro F. Cavazos, President
CITY OF LUBBOCK:
/S/ Bill McAlister
MAYOR
ATTEST:
/S/ City Secretary
City Secretary -Treasurer
/S/ Samuel Wahl
Director of Water Utilities
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Assistant City Attorney
The motion was 0Od8 by Mayor Pro T80 Henry, seconded by COUMcil08D Brown
t pass Resolution 7394 accepting water -sewer improvements in Fur -Wolf
Addition; to accept the i0prnVB08Dts in the SdDdhills Well Field; to pass
Resolution 1400 authorizing the contract with Texas Tech to purchase water
from them, Motion carried: 5 Yeas; 0 Nays.
83-42-298-506 Consider Bid #7397 for sewer pipe (Water Utilities).
/ 40 )
Low bidder: C&C Municipal Supply, Lubbock
Item l - $4,186.56
Item 2 - 4,762.80
83-42-298-507 Consider Bid 7398 for cast iron water pipe (Water Utilities).
/ 4( )
Low bidder: C&[ Municipal Supply, Lubbock
Item l - $17,389.52
Item 2 - 8,266,30
83-42-298-508 Consider Bid 7390 for ferric & aluminum sulfate (water treatment plant).
( 42 \
Item l Russ Chemical Co., Odessa
/$150/tOn; $30,000--taDk trUCh\
Item 2 Thompson -Hayward Chemical Co., Dallas
/$153/tnM; $30,680-_rail car)
83-42-238-509 Consider
/ 43 )
*NOTE: Resolution 1401
Specifications /
are filed w/Orig. Low bidder C. B. Anderson CO.* Amarillo
DCV:cl
RESOLUTION NO. 1401
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock DE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Contract for miscellaneous steel and substation equipment between the
City of Lubbock and C.B. Anderson Electric Company, attached herewith
whichshal7 be spread upon the minutes of the Council and as spread upon
299
MAY 2 6 1983
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 26th day of May ,
1983.
/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/ Don Vandiver
Don Vandiver, Assistant City Attorney
CONTRACT AGREEMENT
EQUIPMENT
THIS AGREEMENT, made and entered into this day of
1983, 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.
WITNESSETH:
THAT WHEREAS, the Purchaser has couase 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 advertise,
ment for and in connection with acquiring Steel and Miscellaneous EQuipment
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 duly awarded to the said Contractor a contract therefor, for the sum or
sums named inthe 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 itsj
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, suppli
and equipment specified and required to be incorporated in and from 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 Bidde
which are attached hereto and made a part hereof) and in conformity with the
Specifications Number SE-0006-15-040183; (c) execute and complete all work
included in and covered by the Purchaser's official award of this Contract t
the said Contractor, such award being based on the acceptance by the Purchas
of the Contractor's proposal, or part thereof, as follows:
Steel and Miscellaneous Equipment
For the Northeast Substation
ARTICLE II. That the Purchaser shall pay to the Contractor for the
performance, of the work embraced in this Contract, and the Contractor will
accept as full compensation therefor, the sum (subject to adjustment as pro-
vided by the Contract) of One Hundered Fifty-one Thousand and NO/100 dollars
$ 151,000.00
for all work covered by and included inthe Contract award and designated in
300
MAY 2 6 1993
83-42-300-510
( 44 )
NOTE: Contract not
submitted w/Reso at
the time of record-
ing the minutes
ARTICLE 111. 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 form the Purchaser. Contractor shall complete said work by October 31, 1.83.
IN WITNESS WHEREOF, the Parties hereto have executed this Contract as of day and
year first witten.
CITY OF LUBBOCK
BY: /S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Carroll McDonald
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
ATTEST:
Secretary
PARTY OF THE SECOND PART (CONTRACTOR)
BY:
Signature of Officer
Title
NOTE: This Cottract 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.
Consider Bid 7362 for airport Passenger Bridge (Airport), and authorize
same.
Resolution 1402
At the 8:30 Work Session, the Council was apprised that bids were
received by Jetway Division, Abex Corporation ($236,529) and Airline
Maintenance & Consultation Corporation, Fort Worth, a/k/a Sunitomo
Corporation ($233,400).
The Sunitomo firm has never installed bridges in the United States and
therefore does not have a track record in this country; additionally, the
could not deliver less than 229 days. On the other hand, Jetway's has
installed the existing bridges at the Lubbock Airport and could deliver
in 90 days.
The Airport Board recommends the Jetway be approved although not the
lowest bid because of the prompt delivery date and because of their track
record in Lubbock and elsewhere.
JMS/mck
RESOLUTION NO. 1402
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 Jetway Division, ABEX CORPORATION,
for the manufacture, delivery and installation of an Aircraft Passenger
301
Boarding Bridge for Gate Position No. 5 at the Lubbock International
Airport Terminal Building, pursuant to Bid Number 7362, which contract,
attached herewith shall be spread upon the minutes of the Council and as
spread upon the minutes of this CcmnoJ| shall constitute and be a part
of this Resolution as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
26th day of May 1983.
/S/ Bill McAlister
BILL McALISTER, MAYOR
/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/ JoanM, Sherwin
Joan M. Sherwin, Assistant City Attorney
8]-42-301-5(1 Consider Bid 7382 for waterd sewer h mains for St at
( 45 \Tddition (Water Utilities), and authorize same.
Resolution 1403
*NOTE: Accept Low bidder Panhandle COOst. Co., Lubbock (�84,44�\
Improvements in
' '
Stone Addition
' by CO 8'11/83 JWF']s
83-42A-46l-729 `
RESOLUTION NO. 1403
*Contract filed
WHEREAS the City Council determines that it will be to the public
w/Reso. `
interest to enter into a contract as hereinafter set forth; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of said City a contract by and
between said City of Lubbock and Panhandle Construction Co. for water
and sewer approach mains in Stonegata Addition area attached herewith
which shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
26th day of May 1989-
/S/ Bill McAlister
BILL McALISTER, MAYOR
/S/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Guy Wilson, Water Utilities Engineer
/S/ J. Worth Fullin \
302
AfAy 2 6 1993
3-42-302-512
( 46 )
*Contract filed
w/Reso.
il5 �1 k .r
83-42-302-513
( 47 )
-NOTE: BID BOND,
Notice to Bidders &
General Conditions
of the Agreement
are filed w/Orig.
Reso.
Consider Bid 7398 for nine submersible pumps (Water Utilities),and
authorize same(Rev. Sharing).
Resolution 1404
JWF : j s
Low bidder: Irrigation Pumps & Power, Inc., Muleshoe, Tx
($32,962)
RESOLUTION NO. 1404
WHEREAS, the City Council determines that it will be to the public
interest to enter into a contract as hereinafter set forth; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of said City a contract by and
between said City of Lubbock and Irrigation Pump & Power, Inc. for
furnishing and installing nine submersible pumps and starters at Meadowbrook
Golf Course attached herewith which shall., be spread .upon the minutes of
the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
26th day of I
/S/ Bill McAlsiter
BILL McALISTER, MAYOR
/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
Consider Bid 7348 for 20-ton air conditioner (Elec. Prod.), an authorize
same.
Resolution 1405
Low bidder Lubbock Mechanical, Lubbock ($9,638)
Purchasing Agent Gene Eads apprised the Council that all bids were low
bids as reflected, with the exception of Bid #7362, as explained above,
and meet specifications.
DGV:da
RESOLUTION NO. 1405
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 Lubbock Mechanical and the City of Lubbock for a twenty -
ton air conditioner and installation of said air conditioner upon a
Lubbock Power & Light facility in the amount of $9,638.00. Said contract
no
is attached 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 26th day of May 1983.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/
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
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 26th day of May
A.D. 1983, by and between the City of Lubbock, County------- Lubbock, of
Texas, acting by and through Bill McAlister , Mayor thereunto authorized
to do so, hereinafter referred to as OWNER, and Lubbock Mechanical
Box 64464
of the City of Lubbock County of Lubbock
and State of Texas , hereinafter termed CONTRACTOR.
W|TNESSETH; That for and in consideration of the payments and agree-
ments hereinafter mentioned, to be made and performed by the OWNER and under
the conditions expressed in the bond bearing owan date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction
of certain improvements described as follows: Twenty -Ton Refrigerant type
Air Conditioner, Installed, as per attached specifications. �
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, construction in accordance with the contract documents as defined in t
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 substantialli
�
complete same within the time specified intho contract documents. �
The OWNER agrees to pay the CONTRACTOR in current funds for the perfor-
mance of tu contract in accordance with the proposal submitted therefor,
subject to additions and deductions, as provided in the contract documents in
the sum of9,638-00
`e
304
MAY 2 6 1983
83-42-304-514
( 48 )
83-42-304-515
( 49 )
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in
in the year and day first above written.
CITY OF LUBBOCK, TEXAS
ATTEST:
/S/ Evelyn Gaffga
City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Carroll McDonald
APPROVES AS TO FROM:
/S/ Donald G. Vandiver
ATTEST:
Secretary
/S/ Bill McALister
Mayor
CONTRACTOR
BY:
TITLE:
COMPLETE ADDRESS:
The motion was made by Councilman Brown, seconded by Councilwoman Baker
to approve Bid 7397, #7398, #7390, #7350; to pass Resolution 1401
authorizing the contract related thee to; to award Bid #7362 to Jetway
Division, Abex Corp. and to pass Resolution 1402 authorizing the contract
related thereto; to approve Bid 7382 and pass Resolution 1403 authorizing
the contract related thereto; to approve Bid 7389 and to pass Resolution
44 authorizing the contract related thereto; and to approve Bi 7348 and
to pass Resolution 1405 authorizing the contract related thereto. Motion
carried: 5 Yeas; 0 Nays.
Consider one appointment to the BOARD OF ELECTRICAL EXAMINERS to fill the
unexpired term of r. Russell Seacat, said term expiring 12/31/83.
H. S. "Buster" Hicks, 3216 - 53rd (13) (phone unlisted)
Hicks & Ragland, P. 0. Box 3008 (52) - 747-4611
Consider one appointment to the LUBBOCK HEALTH FACILITIES DEVELOPMENT
CORPORATION to fill the unexpired term of Sam SDikes. said term exgirin
David Collier, 36712 - 63rd Dr (13) - 799-7892
RepublicBank, P. 0. Box 421 (08) - 762-8800
305
83-42-305-516 Consider five appointments to the HUMAN RELATIONS COMMISSION. The terms
50 ) of Ida Alfaro, Theron Cole, Tavita Darrow, Frank Gonzales and Joy Lambert
expire
Joy Lambert, 3414 - 69th Dr. (13) - 799-2100
RepublicBank, P. 0. Box 421 (08) - 762-8800
Ida Alfaro, 8214 Kenosha (23) (phone unlisted)
Markham Hair Design, 2110 Broadway (01) - 765-9249
Theron Cole, 4523 - 40th (14) - 763-4213
MHMR, 1210 - Texas (01) - 763-4213
Tavita Darrow, 3309 - 37th (13) - 797-3916
Frank C. Gonzales, 8601 Memphis Dr. (13) -
P. 0. Box 64122 (64) - 792-9046
1
83-42-305-517 Consider fifteen appointments to the COMMUNITY SERVICES COMMISSION
( 51 ) pursuant to Amended rdinance',
i
Public Sector $
fib Weaver, 3105 - 59th (13) - 795-5412
Admin. Office, 1602 - 19th (10) - 747-2641
South Plains College
Mary Rooker, 401 - 44th (13) - 793-6075
1302 Main (01) - 747-0576
Federal Probation and Parole
Jim Kersey, 2803 - 20th (TO) - (phone unlisted)
Federal Building - 762-7011
Texas Tech University
r. Evans urrie, 155 - 55th (12) - 763-9292
Dept. of Sociology - 742-2400
City Council
— Alan �F�enry, 3302 - 43rd (13) - 799-2042
3407 - 19th (10) - 793-3771
Private Sector
NAACP
---R-e—v. Steven Pierson, Exec. Dir., 2404 - E. 28th (04) - 765-9046
United Way Planning Council
Kathy Powell, 5521 - Ist (16) - 797-2945
2001 - 19th (01) - 747-2711
League of Women Voters
Lynn Elms, 4605 - TTth (07) - 792-9093
AARP
Eunice Stevens, 3006 - 55th (13) - 797-2517
LULAC
Aparicio, 3414 - 68th Dr. (13) - 795-8735
(The appointments representing the Neighborhood Associations will be made
at a later date.)
The motion was made by Councilman Brown, seconded by Councilwoman Baker
to approve the above referenced appointments. Motion carried: 5 Yeas; 0
Nays.
306
MAY 26 1983
There being no further business, the motion was made by Counciman Brown,
sconded by Councilwoman Baker to adjourn at 3:37 p.m. Motion carried.
ATTEST
EVELYN GAFF .
City Secretary -Treasurer
READ AND APPROVED THIS 9th DAY OF JUNE,
:-bILL M ZALISTER, ayor
ATTEST:
EVELYN bid I
City Secretary -Treasurer