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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/12/1978OCT I `) 1978 ..333 78-37-333-928 (1) 78-37-333-929 (2) 78-37-333-930 (3) 78-37-333-931 (5) 78-37-333-932 (6) 78-37-333-933 (7) REGULAR CITY COUNCIL MEETING OCTOBER 12, 1978 The City Council of the City of Lubbock, Texas, met at 9:30 a.m. in the regular meeting place at City Hall, the following members being present, to -wit: Mayor Dirk West, Mayor Pro Tem Alan Henry, Councilwoman Carolyn Jordan, Councilman M. J. Aderton, Councilman Bill McAlister, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None The invocation was given by Councilman Bill McAlister. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. Approval of City Council Minutes - Regular Meeting, September 28, 1978. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve said minutes. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Proclamations: "Chrysanthemum Colorama Meek" - October 15-21, 1978 Mr. Tim Hatch, President of the Lubbock Chamber of Commerce, and Mr. Bob Covington, Chairman of the Chrysanthemum Committee, received the proclamation. "National Business Women's Week" - October 15-21, 1978 Charline Jones and Linda Beadle accepted the proclamation. "Texas Nurse Week" - October 15-21, 1978 Mrs. Ella Herriage, Staff Development Coordinator and member of Texas Nurses Association, and Lt. Roger Emnick, Reese Air Force Base, member of the Air Force Nurse Corp and member of Texas Nurses Association, accepted the proclamation. "Khiva Shriners Charity Football Week" - October 22-28, 1978 Messrs. Ralph Krebbs, Mel Lisman, and Bob Murders accepted the proclamation. Ordinance No 7728 AN ORDINANCE CORRECTING ORDINANCE NO. 7697 WHICH WAS PUBLISHED IN A FORM WHICH DID NOT CORRECTLY REFLECT THE INTENT OF THE CITY COUNCIL AND WHICH SHOULD HAVE BEEN CAPTIONED AS FOLLOWS: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2195; CHANGE LOTS 26 AND 27, LESS THE EAST 2 FEET OF LOT 27, BLOCK 3, RICELAND ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO C-4 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; AND PROVIDING FOR PUBLICATION. Request of Nelson D. Hall (for Mesquite -Rind, Inc.) to change Lots 26 andless the East 22 feet of Lot 27, Block 3 Riceland Addition, City of Lubbock, Lubbock County, Texas, from 'C-3" to "C-4" Zoning District located South of Clovis Road a about 133.6 feet West of Flint Avenue). Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7736 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. 2196: CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK%COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DIS- TRICT; SUBJECT TO A CONDITION; CHANGE A TRACT OF LNND OUT OF SECTION 22, BLOCK A, 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. 334 OCT 12 1878 78-37-334-934 (8) 78-37-334-935 (9) 78-37-334-936 (10) 78-37-334-937 (11) Request of Billy Meeks (for Tara Land Company) to change a tract of land out of Section 22, Block A, City of Lubbock, Lubbock Coun Texas, from "R-1" to "R-211 and A-1" Zoning District located South of Loop 289 and about 145 feet East of North Utica Avenue). Mayor Pro Tem Henry presiding. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. Ordinance No. 7737 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2196-A; CHANGE LOTS I THROUGH 11, WHISPERWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DIS- TRICT; SUBJECT TO A CONDITION; PROVIDING A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Request of Billy Meeks (for Tara Land Company) to change Lots 1 through 11, Whisperwood Addition,Cit of Lubbock, Lubbock Count , Texas, from "R-1" to "A-1" Zoning District located North of 4th Street and West of Utica Avenue subject to the following condition: that it be restricted to townhouses. Mayor Pro Tem Henry presiding. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. Ordinance No. 7738 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT TO WIT: ZONE CASE NO. 1124-C; CHANGE LOTS 11, 12 AND THE WEST 6 FEET OF LOT 13, BLOCK 1, R.C. WILLIAMS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 TO AM SPECIFIC USE PERMIT; PROVIDING FOR A CONDITION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Request of James Gerdeman Lots 11, 12 and the west I1ams Addition, C 3" to "AM" Specif versity Avenue ar owinq condition: for 3M&SEn feet of Lot 13 Lubbock, Lubbo c use Loninq u1stric non -me prises) to change lock 1, R. C. County, Texas, from located East of subject to the ical offices onlv. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; Councilwoman Jordan voting Nay. Ordinance No. 7739 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS i0 MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2201; CHANGE LOTS 5 THROUGH 15, BLOCK 9; LOTS i THROUGH 8, BLOCK 5, LOTS 1 AND 40, BLOCK 8; LOTS 1 AND 30, BLOCK 7, AND LOTS 1 AND 20, BLOCK 6, ALL IN AVALON ADDITION, 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. Request of Buddy Barron to change Lots 5 thru 15, Block 9; Lots 1 thru 8, Block 5; Lo-t-s-T-5-d 40, Block 8; and 1 and 30, B ock 7 and Lot 1 and 20, Block 6, Avalon Addition, City of Lubbock, Lubbock County, Texas, from R-1 to R- Zoning District located South of 62nd Street and East an West of York Drive. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7740 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1823-A; CHANGE LOT 16, BLOCK 5, RHYNE SIMPSON QUIRT AVENUE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-2 SPECIFIC USE PERMIT TO C-2A 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. e uest of R. J. Givens, Jr. to change Lot 16, Block 5, Rhyne im son Quirt Avenue Addition, City of Lubbock, Lubbock Count exas, from "A-2" Specific Use to "C-2A" Zoning District loca orth of East 9th Street and West of Quirt Avenue). _- CT I ` i 78 11 1.3-35 Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-335-938 Ordinance No. 7741 (12) AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1743-A; CHANGE A TRACT OF LAND OUT OF SECTION 15, BLOCK B, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AM TO C-2 ZONING DISTRICT SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Request of E. Reuel Nash to chan 15, Block B, City of Lubbock, Lu to "C-2' Zoning District locate of Quaker Avenue subject to the tied to a site plan. a tract of land out of Section ck County. Texas. from "AM" of 23rd Street an vinq condition: th Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-335-939 Ordinance No. 7742 (13) AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2203; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DISTRIC SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Request of John E. Orr (for Communities Development Corporation to change a tract of land out of Section 22, Block A, City of Lubbock, Lubbock County, Texas, from "R-1" to "A-1" Zoning District located South of Loop 289 and West of Topeka Avenue subject to the following condition: that it be restricted to duplexes and quadraplexes. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-335-940 Ordinance No. 7743 (14) ~` AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1223-B; CHANGE A TRACT OF LAND OUT OF SECTION 12, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2 TO C-3 ZONING DIS- TRICT; 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. Request of W. D. "Dub" Robers, Jr. to change a tract of land out of Section 12, Block E-2, City of Lubbock, Lubbock Count , Texas, from "C-2" to "C-3" Zoning District located South of Loop 289 and West of University Avenue subject to the following conditions: that it be tied to a siteplan; that the south side of the buildin be of compatible material, preferably rock or brick; that a screenin fence be erected on the west properly line; that the 10 foot strip of land on the south be landscaped with trees or other plant material which will visibly interrupt the solidarity of the south wall of the building. Proponent: W. D. "Dub" Rogers appeared at the request of the Council at the September 28, 1978, regular meeting and indicated that the proponents, officials of Target Division of Dayton -Hudson Corporation, had met with the opponents and presented to the Council the configuration reflecting the screening and landscaping of the west side of the service area, mutually agreed upon by the proponents and opponents �- in this matter; again presented the configuration of the landscaping for the south property line with respect to the landscaping to be used; and a third presentation, that of an architect's blue line configuration showing these matters in greater detail. The major concern of the Council was with respect to landscaping whereby they wanted assurance and reassurance that the proposed landscaping would in fact be the size and configuration as presented at both hearings. Mr. Raymond Poache, Regional Manager for Target Division, indicated that the size and type of landscaping as presented on the elevations would be used; that they had met with the opponents and all parties were mutually agreed; that Dayton -Hudson had exceeded their landscaping cost in this matter due to its sensitivity; but did call the Council's attention to the fact that the west screening was concentrated in the area of the rear service area and would not be screened clear across the tract as originally proposed, and this seemed to meet with the opponents' approval. Upon query from the Council, City Attorney John Ross indicated that a means of enforcing the agreed landscaping could be by a covenant running with the land, said instrument being filed with the County Clerk's Office and would remain in effect should the property be disposec of by Dayton -Hudson at a later time. Additional discussion ensued, during which Councilman McAlister expressed displeasure at the use of a covenant, that the corporation should be taken at their word in fulfilling these aqreements. .h.336 OCT 12 J919 78-37-336-941 (15) 78-37-336-942 (16) 78-37-336-943 (17) 78-37-336-944 (18) .otion was made by Councilman Aderton, seconded by Councilman McAlister to pass said ance on second and final reading with the provision that the proposed elevation as nted at this meeting with respect to the west side landscaping be incorporated into rdinance, and that the following conditions be in effect: 1. That it be tied to a site plan; 2. That the south side of the building be of compatible material, preferably rock or brick; 3. That a screening fence be erected on the west property line; 4. That the 10 foot strip of land on the south be landscaped with trees and other plant material which will visibly interrupt the solidarity of the south wall of the building. A subsitute motion was made by Councilwoman Jordan whereby the ordinance would be passed on second and final reading including the proposed conditions and that there be incorporated into said ordinance a covenant running with the land. Motion died for a lack of a second. The motion made by by Councilman Aderton, and seconded by Councilman McAlister carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7744 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUB- BOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1511-F; CHANGE LOT 1, THE VILLAGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A'-1 TO C-lA ZONING DISTRICT; PROVID- ING A SAVINGS CLAUSE AND PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. l of Burl W. Masters (for Harris & Cantrell) to change Lot e Village Addition, City of Lubbock, Lubbock County, Texas A-1 to C-1" Zoning District located North of 50th Stre ast of Chicaqo Avenue). Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7745 AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, BY ADDING A SECTION 2.93b DEFINING "QUICK OILCCHANGE FACILITY," BY ADDING A SECTION 2.93c DEFINING "QUICK TUNE FACILITY," AND BY ADDING A SECTION 17.3-8a MAKING QUICK TUNE AND QUICK OIL CHANGE FACILITIES PERMITTED USES IN C-3 ZONING DISTRICTS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. An ordinance amending Ordinance No. 7084 of the Ci beinq the Zoninq Code, by adding a Section 2.93b d change facility," by adding a Section 2.93c defi facility" and by adding a Section 17.3-8a makin quick oil change facilities permitted uses in "C of Lubbock n i n---- q--" a c ning "quic uicK tune zoninq districts. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7746 AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, BY AMENDING SECTION 26.3-3 OF SAID CODE PERTAINING TO A THREE -FOURTHS VOTE OF THE CITY COUNCIL ON ZONE CASES OBJECTED TO BY TWENTY PERCENT OF CERTAIN LANDOWNERS, PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; AND PROVIDING FOR PUBLICATION. An_amendment _to Zoning Ordinance #7084, Section 26:3.3 concerning zone change procedures. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7747 AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUT THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS, PROVIDING FOR CORRECTION OF CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 4- 0CT 1 2 1978 337 An ordinance annexing the Yellowhouse Canyon Addition to the City of Lubbock. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-337-945 Ordinance No. 7748 (19) AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out bond funds for an approved project; NOW THEREFORE, i BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: STREET IMPROVEMENT The sum $ 7,897.69 For the following purpose: Paving improvements on Indiana Avenue (East Side) 63rd Street to 64th Street, City`s extra width. An appropriation ordinance from Street Improvement Bond Funds for paving improvements on Indiana Avenue _east side from_63rd Street to 64th Street and South one half of 64th Street adjacent to Tract "A", Live Oak Addition. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. �.I 78-37-337-946 Ordinance No. 7749 (20) AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, EN- TITLED "ELECTRICITY," BY AMENDING SECTION 11-1 THEREOF TO PROVIDE FOR FUEL COST ADJUSTMENTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. An ordinance amending Section 11-1 of code providing for Fuel Cost Adjustment to electric rates. Mayor Pro Tem Henry presided. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. 78-37-337-947 Ordinance No. 7750 (21) AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 2-38 THEREOF TO PROVIDE FOR THE DISTRIBUTION OF ELECTRIC REVENUE; PROVIDING' A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. An ordinance amending Section 2-38 of code providing for distribution of electric revenues. Mayor Pro Tem Henry presided. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinancl, on second and final reading. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. 78-37-337-948 Ordinance No. 7751 (22) AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Water Capital Project The sum $ 191,003.00 For the following purpose: Well Field Roads - Contract $ 16,950.00 Well Drilling - Contract 118,242.00 6 Engineering 10,811,00 191,003.00 OCT i Z 197E Appropriation ordinance from Water Capital Project Fund. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-338-949 Public Hearing on the proposed amendment Table IV of the Housing (23) Assistance Pan in the 1978-79 Community Development Block Grant Application. In accordance with the Notice of City Council Hearing published October 1, 1978, hearing was held on this referenced case. Mr. Jim Bertram, Director of Planning, indicated that the purpose of the public hearing was to list Census Tract 18.01 situated in the Stubbs School neighborhood, said tract being approved by the Council previously for housing rehabilitation. The hearing was to comply with the requirements of the Housing Assistance Plan Grant. There being no discussion, Mayor West announced the hearing closed. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to approve proposed amendment to the Housing Assistance Plan. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-338-950 Recommendation of the Citizens Traffic Commission that a sto (24) sign be installed at 55th Street an Ra e1q venue Vaughn Hendrie, Director or Public Information, indicated that the request for said stop sign was submitted by a resident resulting from a traffic accident whereby an automobile hit a parked car, said car being parked on the wrong side of the street; that it did not result from any traffic problems or speeding problems; that the staff and commission recommend that the STEP Program be used here for a period of time to determine the need of a stop sign. Following discussion, the motion was made by Councilwoman Jordan that the matter be tabled for a period of 60 days in to give the STEP Program the chance to work. Motion was seconded by Councilman Aderton. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan and Councilman Aderton voting Yea; Mayor Nest and Councilman McAlister voting Nay. 78-37-338-951 Allocation of $10,000 from the Community Development Program (25) Income Fund to cover costsinvolved with the maintenance and disposition of the Memorial Center land Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve said allocation. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-338-952 Ordinance No. 7752 (26) AN ORDINANCE REPEALING ORDINANCE NO. 1447, NO. 2920, NO. 4395 AND NO. 5104 OF THE CITY OF LUBBOCK, AND AMENDING SECTION 1601 OF THE UNIFORM BUILDING CODE, 1976 EDITION, THE SAME BEING THE BUILDING CODE OF THE CITY OF LUBBOCK, TO DEFINE AND ESTABLISH FIRE ZONES NO. 2 AND NO. 3 IN THE CITY OF LUBBOCK AND PROVIDING FOR THEIR APPLICATION ACCORDING TO THE LAND USE UNDER THE ZONING CODE AND OFFICIAL ZONE MAP OF THE CITY OF LUBBOCK, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY CLAUSE AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLIC- ATION. Amendment to Ordinance Nos. 1447, 2920, 4395, and 5104, regarding fire zones Mr. Jim Bertram, Director of Planning, indicated this request resulted from working with the Chamber of Commerce who is trying to encourage more building in the downtown business district;; that the present code enforcement is determined by occupancy which gives flexibility and redevelopment and construction of buildings in the central business district; that Fire Zone 1, the fire zone in question, does not fall into this category and redevelopment is being hampered. Motion was made by Councilman Aderton, seconded by Councilwoman Jordan to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-338-953 Ordinance No. 7753 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement The sum $ 57.737.10 For the following purpose: Transfer the following property owner's pre -paid paving accounts into G.W.O. 10,945 #239 15,081.56 #240 7,649.64 #246 26,771.18 #247 5,234.72 OCT 12 1978 339 78-37-339-954 (28) riation ordinance in the amount of $57,737.10 from Street vement Bond Fund to GWO 10,945 (Indiana Avenue, 90_th to 94th Street). Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinancle on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution declaring need for paving improvements on Slide Road, South Loop 289 to 82nd Street G.W.O. 10,964 RESOLUTION A RESOLUTION PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF SLIDE ROAD WITH THE OUTERMOST CONCRETE CURB AND GUTTER IN THE CITY OF LUBBOCK, TEXAS AND DIRECTING THE PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, THAT: Public necessity exists that the following portions of Slide Road in the City of Lubbock, be improved as herein provided, to -wit: East side of Slide Road from South Loop 289 to 82nd Street. West side of Slide Road from South Loop 289 to 82nd Street. II. Said portions of Slide Road shall be improved by raising, grading and filling and widen- ing same, by installing concrete curb abd gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with a hot mix asphaltic concrete surface. The improvements to be provided for herein consist of the outer- most curb abd gutter of said portions of Slide Road. The City Engineer is hereby directed to prepare plans and specifications for said outer- most curb and gutter portion of such improvements. IV. Such curb and gutter in each unit shall be paid for in the following manner: (a) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing the curb and gutter abutting such respective property provided that if it. shall appear at the hearing to be had before final assessment is made that the special bene- fits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof a lesser amount not to exceed the benefits. (b) The remaining cost of said curb and gutter improvements, after deducting the sums finally assessed, and against abutting property and the owners thereof under sub -paragraph (a) above, shall be paid by the City of Lubbock. a The amounts assessed against and to be paid by the abutting property and the owners shall; be payable in five equal installments; the first of which shall become due on or before 20 days after completion and acceptance of the curb and gutter improvements in the unit on which the property abuts, by the City Council, and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum, payable annually, with pro- visions that if default be made in the payment of any installment promptly as the same matures; then at the option of the holder of such assessment or certificate issued in evidence thereof,-i such default shall mature the entire assessment upon which same is made. d VI. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under and in accordance with the Charter, and of Article 1105 B Revised Civil Statutes of Texas as amended by Chapter 176 Acts of the 60th Legislature. VII. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF OCTOBER, 1978 /s Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer M1 ATAAflr11 7 Mo OCT I � 1978 78-37-340-955 (29) 78-37-340-956 (30) 78-37-340-957 (31) Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7754 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project: G.W.O. 10,964 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond funds, to wit Street Improvement The sum $ 10,000 For the following purpose: Slide Road Paving Improvements (S.H.D. F.M. Road) City's part and Engineering to be increased later to include accounts re- ceivable and increased City Cost. ro riation ordinance from Street Improvement Fund in the amount 10,0000.00 for Preliminary Improvement Costs for Slide Road Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution accepting water and sewer in Lots C-1 thru C_=34, Raintree Addition RESOLUTION Resolution accepting water and sewer system improvements for Lots C-1 thru C-34, Raintree Addition. WHEREAS, the developer of Lots C-1 thru C-34, Raintree Addition have complied with the provision of the City of Lubbock Code, 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 $6,262.58 with the improvements constructed by Panhandle Construction Company having a value of $5,375.06 as determined by the unit prices established by said Chatper 34, and $887.52 cash paid to the City. WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City 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: 1. That the improvements by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF OCTOBER, 1978 ATTEST: /s/ Evelyn Gaff9a City Secretary -Treasurer APPROVED: / sf Wilford D Watson City Engineer /s/ Dirk West MAYOR APPROVED: John C Ross Jr City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution accepting water and sewer in Lots 221, 239, Briercroft Addition OCT 12 1978 3' RESOLUTION Resolution accepting water and sewer system improvements for Lots 221 thru 239, Briercroft Addition. WHEREAS, the developer of Lots 221 thru 239, Briercroft Addition have complied with the provision of the City of Lubbock Code, 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 $13,162.46 with the improvements constructed by Holloway Contracting Company having a value of $11,331.04 as determined by the unit prices established by said Chapter 34, and $1,831.42 cash paid to the City, with Commercial Land Consultants, Inc., the developer, to receive a refund of $1,547.04 in accor dance with Chapter 34 of the Code of the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City 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: 1. That the improvements by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That the refundable cost in the amount of $1,547.04 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF OCTOBER, 1978 /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Caffga City Secretary -Treasurer APPROVED APPROVED s/ Milford D Watson John C Ross Jr City Engineer City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Counciim Aderton and McAlister voting Yea; none voting Nay. 78-37-341-958 Resolution accepting water and sewer in Lots 1 and 2, Croslin Industrial Park Addition RESOLUTION Resolution accepting water and sewer system improvements for Lots 1 and 2, Croslin Industria Park Addition. WHEREAS, the developer of Lots 1 and 2, Croslin Industrial Park Addition have complied with the provision of the City of Lubbock Code, 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 $12,999.72 with the improvements constructed by Panhandle Construction Company having a value of $10,300.23 as determined by the unit prices established by said Chapter 34, and $2,699.49 cash paid to City, with Lloyd Croslin, Jr., the developer to receive a refund in accordance with Chapter 34 of the Code of the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City 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: 1. That the improvements by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. The refundable cost in the amount of $516.82 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF OCTOBER, 1978 /s/ Dirk West MAYOR ATTEST: d s,l Evelyn Gaff a OCT 12 1978 78-37-342-959 (33) 78-37-342 -960 (34) A PPROVED: APPROVED: /s/ Wilford D Watson John C Ross Jr City Engineer City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution accepting water and sewer in Lots 1 thru 180, Farrah Del Norte Addition RESOLUTION Resolution accepting water and sewer system improvements for Lots 1 thru 180, Farrar Del Norte Addition. WHEREAS, the developer of Lots 1 thru 180, Farrar Del Norte Addition have complied with the provision of the City of Lubbock Code, 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 $185,916.28 with the improvements constructed by Holloway Contracting Company having a value of $174,922.71 as determined by the unit prices established by said Chapter 34, and $10,993.57 cash paid to the City, with Craft, Elliott, & Field, the developer, to receive a refund of $10,709.81 in accordance with Chapter 34 of the Code of the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City 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: 1. That the improvements by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That the refundable cost in the amount of $10,709.81 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF OCTOBER, 1978 ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED /s/ Wilford D Watson City Engineer /s/ Dirk West MAYOR APPROVED John C Ross Jr City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Acc aut nce of Well Collector Lines in Sandhills Well Field and ze final payment to the contractor Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve said item. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-342-961 Resolution resc inding previous resolutions authorizing the Ma or (35) to execute a guit Claim Deed and a S ecia Warrant Deed to the Featherlite Corporation. This is in connection with Ordinance No. 7731. RESOLUTION WHEREAS, the City Council on September 28, 1978, authorized and directed the Mayor to execute a Special Warranty Deed and a Quit Claim Deed to the Featherlite Corporation and, WHEREAS, such resolution was in error as to the party to receive such property by deeds after the closure of the public way described therein; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the resolution inacted by the City Council on September 28, 1978, authorizing and directing the execution of a Special Warranty Deed and a Quit Claim Deed to the Featherlite Corporation BE and is hereby rescinded; Ll F1 OCT 12 1978 '343 THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to Y Y Y execute for and on behalf of the City of Lubbock a Special Warranty Deed and a Quit Claim Deed to Harold -Ted Corporation, 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 12th day of October, 1978 /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-343-962 Resolution authorizing the Ma or to execute a new Quit Claim (36) Dee_ an Special _ Warranty Deed to Harold - Ted Corporation RESOLUTION WHEREAS, the City Council on September 28, 1978, authorized and directed the Mayor to execute a Special Warranty Deed and a Quit Claim Deed to the Featherlite Corporation and, WHEREAS such resolution was in error as to the party to receive such property by deeds after the closure of the public way described therein; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the resolution inacted by the City Council on September 28, 1978, authorizing and directing the execution of a Special Warranty Deed and a Quit Claim Deed to the Featherlite Corporation BE and is hereby rescinded; 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 Special Warranty Deed and a Quit Claim Deed to Harold -Ted Corporation, 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 12th day of October, 1978 /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-343 -963 Loop 289 Frontage Road Lighting Policy (37) Mr. Bill Wood, Director of Utilities, indicated this problem was twofold; that there were T intersections involved as well as access roads leading up to the Loop that were involved; that the cost involved of lighting the T intersections would be handled by bid and pro rata charges to the landowners; that the lighting on the access road was not as easily resolved inasmuch as the Highway Department owned the right of way and had been uncooperative in allowing or installing additional lighting, as they felt that the overflow of lighting from the Loop was sufficient. Larry Cunningham, City Manager, indicated that under the present policy, the City would not under any circumstances light these areas; that there was a need for a change of policy whereby under certain circumstances, lighting would be provided by the City and the indication that the T intersection would be paid for by a pro rata charge to the landowner would be one way of offsetting the cost; that this was a change in policy and not an ordinance. Mayor Pro Tem Henry indicated he felt more information should be secured from the Highway Department as to their sharing the cost of lighting on the access roads. 344 OCT 12 1978 78-37-344-964 (38) 78-37-344-965 (39) The motion was made by Councilman McAlister, seconded by Councilwoman Jordan that the City Attorney's Office prepare a proposed ordinance with respect to the lighting of the T intersections, and that additional information be secured from the Highway Department with respect to additional lighting of the access roads where needed. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7755 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund,to-wit: Fire Station Bond Fund The sum $370,000.00 For the following purpose: Construction of new Fire Station building at 79th St. and Slide Road. Payment for architect fees, soil tests, property survey, reproduction of plans and specifications for bidders, landscape, furniture and purchase of one new fire pumper with some fire fighting equipment. Appropriation ordinance for the new fire station building and equipment at 79th Street and Slide Road Fire Station Bond Fund) Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution regarding retirement age for employees of the City _ of Lubbock RESOLUTION said ordinance Jordan, 11 WHEREAS, the City Council of the City of Lubbock feels that a more equitable retirement " policy for employees should be established; and in addition, the Age Descrimination in Employ- ment Act of 1967 has changed the compulsory retirment age from 65 to 70 years; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby establish a new retirement age policy for all employees of the City of Lubbock, except those employees covered by Civil Service. The retirement date for all employees presently employed and employed in the future will be December 31-of the calendar year i-n which the employee reaches age seventy (70), except as provided above. Passed by the City Council this 12th day of October, 1978 /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaff a City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney Larry Cunningham, City Manager, indicated that this resolution was needed to comply with the 1978 amendment of the Age Discrimination and Employment Act whereby the retirement age for employees was raised to 70 years; that this would be applicable to all employees of the City with the exception of the Fire and Police Departments. In answer to a query from the Council, he indicated that an employee in the Fire and Police Department who had reached the mandatory age of retirement of 65 would be able to transfer to another department within the system if they wished. Motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton McAlister voting Yea; none voting Nay. 78-37-344-966 Authorization of adjustments to prior ear's tax rolls (40) Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to approve said adjustments. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. oC1 1 ? 1978 345 MP 78-37-345-967 (41) AN APPROPRIATION ORDINANCE 78-37-345-968 (42) 78-37-345-969 (43) Ordinance No. 7756 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: General Capital Project The sum $ 22,800 For the following purpose: Financial advisory fees, bond attorney fees, bond rating and bond printing costs, CUSIP numbering: Waterworks 16.5 Sewer Improvements 20.7 Street Improvements 43.4 Storm Sewer & Drainage 4.1 Fire Station & Equipment 1.5.3 100.0 Appropriation ordinance for costs incurred in sale of general obligation bonds Sterling Miller, Director of Finance, indicated that such cost for financial advisory attorney fees in the sum of $22,800.00 are expenses incurred in the sale of the general obligation bonds. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution authorizing the Mayor to sign of Lubbock and Honeywell Information Sys RESOLUTION ents between Cit 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 Sales Agreements, License Agreements and Maintenance Agreements between the City of Lubbock and Honeywell Imformation Systems, Inc., 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 l2th day of October, 1978 /s/ Dirk West MAYOR A TTEST" /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said resolutio Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Request to_grant_oil and gas well permit - Section 7, Block. A, Lubbock County, Texas This is a request of Mr. Lawrence Barker, Jr. of San Francisco, California for permission to drill an oil and gas well. He was granted a permit to drill on the property adjacent to the referenced tract and this permit would include the same provisions as the previous permit included; Mr. Barker has filed the necessary bond and filing fees. John C. Ross, Jr., City Attorney, indicated that the ordinance needed to be revised in order to be consistent and would prepare same. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to grant requested oil and gas well permit allowing the "sludge pit" type drill. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 0 C T 12 1978 78-37-346-970 Resolution authorizing Mayor to execute a pipeline agreement with Lubbock Christian College (43-A) RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK an Agreement between the CITY OF LUBBOCK and L.C.C. INSTITUTE OF WATER RESEARCH covering the construction of a sewage effluent pipeline, 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 12th day of October, 1978. /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney Ken Jones, Assistant City Attorney, indicated that the representative of Lubbock Christian College had requested execution of a pipeline agreement with the City of Lubbock upon recommendation of their Washington representative with regard to the proposed grant that they are contemplating entering into; that it was understood by those parties that the City had first choice to use the effluent waste water if necessary; that the City was not giving up anything in executing this agreement. Motion was made by Mayor Pro Tem Henry, seconded Motion carried: Mayor West, Mayor Pro Tem Henry, McAlister voting Yea; none voting Nay. by Councilman Aderton to pass said resolution. Councilwoman Jordan, Councilmen Aderton and 78-37-346-971 Granting City Attorney authorit to engage Rate Consultants in (43-B) accordance with Section 24 of the Public Utility Regulatory Act of the State of Texas, to render services in connection with Pioneer Natural Gas Rate Case presently pendingbefore the City of Lubbock Mayor Pro Tem Henry presided. 78-37-346-972 (44) 78-37-346-973 (45) 78-37-346-974 (46) 78-37-346-975 (48) Motion was made by Councilwoman Jordan, seconded by Councilman Aderton that the City Attorney is hereby authorized to engage the services of Rate Consultants to assist the City in presentation of evidence before the City Council, sitting as the Regulatory Authority, in thell hearing presently pending before the body regarding Pioneer Natural Gas Company, it was further moved and seconded that the Authority hereby granted to the City Attorney is limited to the extent that said City Attorney is not authorized to spend more than $2,000 for the services of said Rate Consultants. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. Bid No. 5062 for vitamins (Health Department) Items No. I and 3 Ross Laboratories, Lubbock Item No. 2 No bid Bid No. 5063 for miscellaneous electric items Warehouse Stock Item No. 1 : No bid Item No. 2,3,4,5 : General Electric Supply Company, Lubbock Bid No. 5054 for construction of well collector lines in Sand Hills Well Field Low Bid Western Ag Sales, Lubbock $63,399.15 Bid No. 5056 for truck tires filled with deflation -proof material Sanitation Department) Low Bid Woody Tire Company, Lubbock $5,792.00 78-37-346-976 Bid No. 5055 for sprinkler system Cemeter Department, Re (49) Sharing Funds 8, 9, 10 Entitlement Periods Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve said referenced bid. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, and Councilmen Aderton and McAlister voting Yea; none voting Nay. Bid awarded to Yerkey Sprinkler Co., Denver Colorado, $383,738.62. F OCT I `1 1978 M .w 78-37-347-977 (47) 78-37-347-978 (50) 78-37-347-979 (51) 78-37-347-980 (52) Ordinance No. 7757 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Water Capital Project Fund The sum $ 67,203.10 For the following purpose: Construction of well collector lines in Sandhills Well Field Project for Wells 202 through 206. Contract - Engineering & Contengencies - $63,399.15 3,803.95 Ordinance from Water Capital Improvement Fund Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Bids received I construction o- Bid was awarded to Tusha Building, contractors, in the sum of $206, 233.00. Bill Cantrell, architect, presented an elevation as to the design of the proposed Day Care Center. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve said bid under the following conditions: 1. City of Lubbock will own the day care center building and will be leasing it to the Day Care Center Association. However, the land on which it will be built currently belongs to the Day Care Center Association. The land on which the building is to be located should be deeded to the City of Lubbock as soon as possible. Apparently Rex Fuller and Verna Collum of the Day Care Center Association are in full agreement with this condition. 2. The City of Lubbock should be furnished with an appraisal of the value of the land and also a title policy when the land is deeded to us. 3. As soon as the land is deeded to us and the building is built, the City needs to execute a lease agreement to the Day Care Center Association setting out the terms involving payment, maintenance, etc. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Appointment of five (5) board members to Urban Renewal Agency Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to reappoint the following individuals to the Urban Renewal Agency for a two year term, said terms expiring November 26, 1980. They are as follows: James P. Cummings Tommie G. Stevens George Nelson Mrs. Betty Anderson Raul Sanchez Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Appointments to the Citizens Traffic Commission as follows: Dr. Heenan Johnson to complete the term of Charles Lee, said term expiring July 13, 1980 Mr. Tomas Longoria to complete the term of Mrs. T. J. (Bobbie) Patterson, said term expiring July 13, 1980 Alton Abbott, member emeritus 348 OCT 1 z 1978 78-37-348-981 (53) Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to approve referenced appointments and to request Mayor West to write a letter to Mr. Abbott indicating he had been appointed as member emeritus to the Citizens Traffic Commission. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Appointments to the LP&L Study. Committee Mayor Pro Tem Henry presided. The motion was made by Councilman McAlister and seconded by Councilman Aderton to expand the study committee to the 13 members, allowing each Council member to appoint 3 members, plus the chairman of the Electric Utility Board or his designated representative, and City Manager as an ex-officio member. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. By consensus, the Council recessed at 4:25 p.m. to reconvene on Tuesday, October 17, 1978, at which time the appointments will be completed. TUESDAY - OCTOBER 17, 1978 - 1:30 p.m. The City Council reconvened to complete the matter of appointments to the L P & L Study Committee. The motion was made by Councilman McAlister, seconded by Councilman Aderton to appoint the following members to the referenced Study Committee, as follows: Lelan Payne 4407 10th Street 792-2357 E. C. Aldape 201 North Boston 763-6211 Minister, Arnett Benson Baptist Church Dr. John Bradford 3112 42nd Street 795-1413 Dean, College of Eng. Texas Tech University Eddie Richardson 5013 57th Street Co-owner, Lubbock Digest Bob Nash 3509 44th Street 795-0055 Assistant Manager KFYO 914 Avenue J 765-5567 Arnold Maeker 2110 Vicksburg 799-4060 Architect 804 Avenue J 762-0515 Sidney Kothmann 5427 78th Street 799-0175 CPA 1624 15th Street 765-6352 Kenneth Thompson 6609 Norwood 799-1923 Vice President for Business Adm., Texas Tech University Dr. Bryce Campbell 3802 63rd Drive 799-1049 D.D.S. 6500 Indiana 792-6261 George Meenaghan 3202 42nd Street 795-0193 Research Services, Texas Tech University J. Owen Gilbreath 3302 23rd Street 799-6598 Pres., R.C. Young Seed & Grain 624 27th Street 744-1408 Charles Pope 3613 63rd Drive 795-8070 Exec. Vice Pres., First Federal Savings & Loan Assn. 1300 Broadway 762-0491 Mrs. Patsy J. Edwards 3715 42nd Street 795-7651 Mgr., R T & E Federal Credit Union Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. The meeting adjourned at 1:40 p.m. L 0 C� I `Z 1978 34 LL NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING THE 12TH OF OCTOBER, 1978. MAYOR ATTEST: City S cretary-Tre s r READ AND APPROVED THIS THE 26th DAY OF October 1978 IMAAdL I at mow, MAYOR ATTEST: J' 9",' of:;; City ecretary-T e s r