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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/26/1978350 REGULAR CITY COUNCIL MEETING OCTOBER 26, 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 78-37-350-982 The invocation was given by Denzel Percifull, Director of Public Services. (1) 78-37-350-983 The Pledge of Allegiance to the Flag was given in unison by those present in (2) the Council Chambers. 78-37-350-984 _Approval of City Council Minutes - Regular Meeting, October 12, 1978 (3) Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve said minutes. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 7 8-37-350-985 Certificates awarded to new Board Members (4) Mayor Pro Tem Henry presiding. Citizens Traffic Commission 78-37-350-986 (5) Dr. Heenan Johnson Tomas Longoria LP&L Study Committee E. C. Aidape Dr. John Bradford Dr. Bryce Campbell Mrs. Patsy J. Edwards Sidney Kothmann Dr. George Meenaghan Robert A. Nash Leland Payne Charley Pope Eddie Richardson Kenneth Thompson Absent: J. Owen Gilbreath Proclamations "Youth Appreciation Week" - November 12-19, 1978 Mr. Julian Harlin, Lt. Governor, Zone 2, Optimist International accepted the proclamation. Also present were: Glen Bilderback, President of University Optimist Club Doug Stolleis, President of Monterey Optimist Club Ron Rodgers, President of Lubbock Optimist Club Phil Wolfe, President of Southwest Optimist Club 78-37-350-987 Ordinance No. 7752 (6) AN ORDINANCE REPEALING ORDINANCES 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 PUBLICATION. Amendment to ordinance reaardina fire zones Motion was made by Councilman McAlister, seconded by Councilman Aderton 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. ,610% 78-37-351-988 (7) 78-37-351-989 (8) 78-37-351-990 (9) 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 #240 #246 #247 An appropriation ordinance in t Improvement Bond Fund to GWO 10 15,081.56 7,649.64 29,771.18 5,234.72 57,737.10 unt of $575737.10 from Street Indiana Avenue, 90th to 94th St Motion was made by Councilman McAlister, seconded by Councilman Aderton 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. 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 fund, 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 receivable and'-increased City cost. An approeriation ordinance from Street Improvement Fund in the amount of $10,000.00 for Preliminary Improvement Costs for Slide Road from South Loop 289 to 82nd Street Motion was made by Councilman McAlister, seconded by Councilman Aderton 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. 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: $370,000.00 352 .78 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. An appropriation ordinance for the new fire station building and equipment at 79th Street and Slide Road Fire Station Bond Fund Motion was made by Councilman McAlister, seconded by Councilman Aderton 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. 7 8-37-352-991 Ordinance No. 7756 (10) 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: 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 15.3 100.0 An appropriation ordinance for costs incurred in sale of general obligation bonds Motion was made by Councilman McAlister, seconded by Councilman Aderton 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. 7 8-37-352-992 Ordinance No. 7757 (11) 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 SandhilIs Well Field Project for Wells 202 through 206. Contract - $63,399.15 Engineering and Contengencies - 3,803.95 An ordinance from Water Capital Improvement Fund Motion was made by Councilman McAlister, seconded by Councilman Aderton 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. OCT 2 6 1978 r F 78-37-353-993 (12) 78-37-353-994 (13) 78-37-353-995 (14) Public hearing Assistance Plan Application the amendment to the Table IV of n the 1978-79 Community Developme Housing ock Grant In accordance with the Notice of City Council Hearing published October 1, 1978, a second hearing was held on this matter. City Manager Larry Cunningham commented that the second public hearing was to comply with federal regulations with respect to the proposed Housing Assistance Plan in the 1978-79 Community Development Block Grant Application. There being no discussion, Mayor West announced the hearing closed. Resolution authorizing the Mayor to execute an amendment to the Housin Assistance Plan of the 1978-79 Community Development Block Grant Aoniication RESOLUTION A RESOLUTION AUTHORIZING AN AMENDMENT TO THE HOUSING ASSISTANCE PLAN OF THE 1978-79 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, PROJECT NUMBER B-78-MC-48-0022. WHEREAS, Title I of the Housing and Community Development Act of 1974 as amended in 1977 specifies the conditions under which a reca-pient of Community Development Block Grant funds must submit an amended application to the Department of Housing and Urban Development, and WHEREAS, the City of Lubbock finds it necessary to amend the 1978-79 Housing Assistance Plan in order to revise the general locations for assisted housing established pursuant to Sec. 570.306 (b) (3) (ii); NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE, and is hereby, authorized to execute for and on behalf of the City of Lubbock an amendment to the Housing Assistance Plan of the 1978-79 Community Development Block grant application. THAT such amendment shall consitt of a revision to the approved Housing Assist- ance Plan, Table IV: General Locations for Proposed Lower Income Housing, (2) Re- habilitation, to include the addition of Census Tract 18.01. THAT such amendment shall also consist of an assurance -of. -compliance with all certifications as may be required by the regulations issued;by the Department of Housing and Urban Development on March 1, 1978. Passed by the City Council this 26th day of October, 1978. Is/ Dirk West Dirk West, Mayor ATTEST: Is/ Evelyn Gaffga Evelyn Gaffga, Secretary -Treasurer APPROVED AS TO FORM: /s/ John Ross John Ross, City Attorney Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution establishing city policy in the removal of concrete me a cans OCT 2 6 1978 .. . RESOLUTION WHEREAS, the City Council has reviewed the median removal study prepared by the Traffic Engineering Department; and WHEREAS, the City Council finds many such traffic medians do not materially serve to prevent accidents, but in some cases may actually lead to unsafe conditions: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT there is hereby established a traffic median removal policy which shall be as follows: 1. Medians may be relhoved where a minimum of 600 feet of continuous two-way left turn lane can be provided. 2. Adjacent property owners shall be responsible for all costs for all median modifications or removals. 3. No median less than 12 feet in width shall be removed. 4. No median shall be removed if median is designed for landscaping and/or landscaping is existing in median. Passed by the City Council this 26th day of October, 1978. /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney Mr. Jim Suter, property owner of a shopping center located on the 2100 block on 50th Street, appeared before the Council in favor of removal of the concrete medians; commented on the fact that he had submitted a petition signed by 50 property owners in this area in March 1978 requesting cuts in the medians to benefit traffic flow; that in June 1977 he had received a letter from former Mayor Roy Bass stating that the only concrete median that would be altered at that time was on the 4300 block on 50th Street, and no other alterations in concrete medians would take place for a period of one year. Councilwoman Jordan commented as to whether he had been advised that the current proposal resulted from a traffic study which reflected that major thoroughfares where the concrete medians had been removed, establishing left hand turn lanes, allowed for a continuous traffic flow pattern and recorded accidents had decreased. Mr. Suter commented that he was not aware of the contents of the current proposal. Following discussion, the motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-354-996 Ordinance No. 7758 0 (15) AN ORDINANCE AMENDING SECTION 18-2.1 OF THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK, REGULATING THE ESTABLISHMENT OF LOADING ZONES AND THE CHARGES AND COLLECTION OF FEES THEREFOR TO PROVIDE FOR THE MAINTENANCE THEREOF; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. Ordinance amending Chapter 18, Subsection 18-2.1 of the Code of Ordinances regulating loading zone fees 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. ' @Or Z 6 1978 '355 78-37-355-997 Price and conditions of sale of Parcel 2-2 (north 50 feet) in the (16) Coronado -Tex. R-33 Urban Renewal Project Redevelopers: Mary Ann Jones and Shirley Pearl Eborn, for the sum of $750, for the purpose of land- scaping and enlarging present property 78-37-355-998 Price and conditions of sale of Parcel 5B-17-8D (a part thereof) in (17) the Lubbock NDP Urban Renewal Area Redeveloper: Felipe Mario Heredia, for the sum of $675, for the purpose of landscaping and adding to adjoining existing property Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve said terms and conditions of sales. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-355-999 Appropriation to transfer $4,500 from Fourth Year Community Develo (18) Contingency Funds to the Community Development Department Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve said appropriation. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-355-1000 Consider drainage easement and release of .paving assessment on Tract (19) 36, Suburban Homes Addition RFCfll 1ITTnN 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 Release of Paving Lien between the City and W. L. Cone, 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 26th day of October, 1978. /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney NOTE: Release of Paving Lien filed with original resolution "Release of Paving Lien between City & W. L. Cone". Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution releasing referenced paving assessment. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Council- men Aderton and McAlister voting Yea; none voting Nay. 78-37-355-1001 Resolution accepting street paving improvements_ constructed by Kerr (20) Construction Company in Raintree Addition, Lots 725-870 and Tract "F" RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Raintree Addition, Lots 725-870 and Tract "F", made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Raintree Addition, Lots 725-870 and Tract "F" including the following streets: 96th Street from its intersection with the East lip line of Memphis Avenue to its intersection with a line 13.00 feet West of West property line of Indiana Avenue known and designated as New Subdivision Sub -Unit Number 80 of 356 OCT 2 6 1978 97th Street from its intersection with the East lip line of Memphis Avenue to its intersection with the West lip line of Joliet Avenue known and designated as New Sub- division Sub -Unit Number 81 of Unit Number 2022. North 1/2 of 98th Street from its intersection with the centerline of Memphis Avenue to its intersection with the centerline of Joliet Avenue known and designated as New Subdivision Sub -Unit Number 82 of Unit Number 2022. East 1/2 of Memphis Avenue from its intersection with the North lip line of 98th Street to its intersection with a line 7.00 feet South of South property line of alley North of 96th Street known and designated as New Subdivision Sub -Unit Number 83 of Unit Number 2022. Lynnhaven Avenue from its intersection with the cul-de-sac at 98th Street to its intersection with the South lip line of 97th Street known and designated as New Subdivision Sub - Unit Number 84 of Unit Number 2022. Louisville Avenue from its intersection with the North lip line of 98th Street to its intersection with the South lip line of 97th Street known and designated as New Subdivision Sub -Unit Number 85 of Unit Number 2022. Louisville Avenue from its intersection with the North lip line of 97th Street to its intersection with the South lip line of 96th Street known and designated as New Subdivision Sub -Unit Number 86 of Unit Number 2022. Louisville Avenue from its intersection with the North lip line of 96th Street to its intersection with a line 7.00 feet South of South property line -of -alley North of 96th Street known and designated as New Subdivision Sub -Unit Number 87 of Unit Number 2022. Kenosha Avenue from its intersection with the cul-de-sac at 98th Street to its intersection with the South --lip line of 97th Street known and designated as New Subdivision Sub - Unit Number 88 of Unit Number 2022. Knoxville Avenue from its intersection with the North lip line of 98th Street to its intersection with the South lip line of 97th Street known and designated as New Subdivision Sub -Unit Number 89 of Unit Number 2022. Jordan Avenue from its intersection with the cul-de-sac at 98th Street to its intersection with the South lip line of 97th Street known and designated as New Subdivision Sub -Unit Number 90 of Unit Number 2022. Joliet Avenue from its intersection with the North lip line of 98th Street to its intersection with the South lip line of 96th Street known and designated as New Subdivision Sub - Unit Number 91 of Unit Number 2022. Joliet Avenue from its intersection with the North lip line of 96th Street to its intersection with a line 7.00 feet South of South property line of alley North of 96th Street known and designated as New Subdivision Sub -Unit Number 92 of Unit Number 2022, West 1/2 of Indiana Avenue from its intersection with a line 7.00 feet South of South property line of alley North of 96th Street to its intersection with a line 7.00 feet South of South property line of alley South of 96th Street known and designated as New Subdivision Sub -Unit Number 93 of Unit Number 2022. AND WHEREAS, the construction of the above improvements on the above - mentioned streets was perfomdd under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in,eccordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the above mentioned streets be OCT X 6 1978 357 ft M4 w and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 26TH DAY OF OCTOBER, 1978. /s/ Dirk West Di rk West, Mayor ATTESTED: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary U,100.1111 "I /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s/ John C. Ross, Jr. 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. 78-37-357-1002 Resolution authorizing the Mayor to execute Engineering Service (21) Agreement with the Urban Renewal Agency RGCnl I ITTnm 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 Engineering Services between the CITY OF LUBBOCK and the URBAN RENEWAL AGENCY of the City of Lubbock, 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 26th day of October, 1978. /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaffga ve yn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney NOTE: Contract filed with original resolution "Contract for Engineering Services between City & Urban Renewal Agency". 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. 78-37-357-1003 Resolution accepting water and sewer in Lots 131 thru 269 and (22) Tract "A", Woodland Park Addition RESOLUTION Resolution accepting water and sewer system improvements for Lots 131 thru 269 and Tract "A", Woodland Park Addition. WHEREAS, the developer of Lots 131 thru 269 and Tract "A", Woodland Park Addition 358 OCT 2 6 1978 have complied with the provisions 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 $145,538.77 with the improvements constructed by Holloway Contracting Company having a value of $123,732.85 as determined by the unit prices established by said Chapter 34, and $21,805.92 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with State Savings of Lubbock, the developer, to receive a refund of $18,248.64 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 said improvements have been 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: I. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $18,248.64 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 26TH DAY OF OCTOBER, 1978. Isl Dirk West Dirk West, Mayor ATTESTED: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer Approved: /s/ John C. Ross, Jr. 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. 78-37-358-1004 Resolution accepting water and sewer in Lots 276 thru 281, 289 (23) thru 319, 342 thru 347, 362 thru 364 and 376 thru 411, Universi Pines Addition RESOLUTION Resolution accepting water and sewer system improvements for Lots 276 thru 281, 289 thru 319, 342 thru 347, 362 thru 364, and 376 thru 411, University Pines Addition. WHEREAS, the developer of Lots 276 thru 281, 289 thru 319, 342 thru 347, 362 thru 364, and 376 thru 411, University Pines Addition have complied with the provisions 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 $65,71,2.28 with the improvements constructed by Panhandle Construction Company having a value of $59,458.74 as determined by the unit prices established by said Chapter 34, and $6,253.54 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with Liberty Lots, Inc., the developer, to receive a refund of $14,273.94 in accordance with Chapter 34 of the Code of the City of Lubbock and, WHEREAS, the construction of said water and serer improvements was performed under the supervision of the City -.Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, A NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral Dart of the water and eawanw cvctPm of tho rite, of I rrkKnrL OCT 2 6 1978 '359 ft 2. That refund of the refundable cost in the amount of $14,273.94 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 26TH DAY OF OCTOBER, 1978. ATTESTED: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ Dirk West Dirk West, Mayor APPROVED: /s/John C. Ross, Jr. 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. 78-37-359-1005 Ordinance No. 7759 (24) AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT LOCATED IN THE MEADOWS ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICJAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION Ordinance to abandon and close a 5.00 foot underground utili easement in Lot 848, The Meadows Addition 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. 78-37-359-1006 Ordinance No. 7760 (25) AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING A NEW SECTION 19-20.5 PROVIDING FOR THE PROHIBITING OF UTILITY METER TAMPERING; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance on Utility Meter Tampering The proposed ordinance makes it unlawful for any person to tamper with or damage a meter for the purpose of avoiding paying for the utility service passing through such line or meter. In addition to this ordinance, the State Penal Code provides for the offense of theft of public utility service. The motion was made by Councilman McAlister, 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. 78-37-359-1007 Ordinance regarding railroad crossing traffic control devices (26) Opponent: Mr. Bob Moody, representing the Ft. Worth and Denver Railroad Company, expressed surprise that such an ordinance would be proposed; that the Railroad and the City have always had good working relationships; that if statistics reflected that need for control devices at specific hazardous crossings, their company would be more than willing to the appropriate action to install such devices; that the Traffic Engineering Department of the City had not indicated there were any particular intersections that could be termed "extra hazardous"; that costs to install such control devices were quite high, but there were federal funds (about 90%) that are available for such expenditures, with the remaining 10% being absorbed by City, State or County funds; that it would be his recommendation to the Council not to pass such an ordinance as they did not feel that it was necessary and that a continued good working relationship could be maintained. OCT 2 6 1978 Councilwoman Jordan queried Mr. Moody whether or not specifically citing particular intersections as "extra hazardous" would be more acceptable to him. Mr. Moody responded that he thought that driver education was the first step in controlling accidents at such intersections; that statistics indicated that most accidents were caused by a car running into a train, not a train running into a car; he also wondered whether or not the interstate law provides such an ordinance to be unconstitutional; that he had not briefed this subject and possibly the City Attorney would wish to do so. Opponent: Owen McWhorter, Jr., representing the Santa Fe µ Railroad Company. Mr. McWhorter comments paralled those of Mr. Moody that the Santa Fe Railroad Company had always enjoyed a good working relationship with the City, and they too felt that such an ordinance was unnecessary. Mayor Pro Tem Henry commented that there was an intersection on East 34th and Quirt whereby the railroad had made a commitment to share in the installation of control devices, that money had been set aside in the City Budget for such an expenditure, and that to date nothing had come of it, and he raised the question of the status of their willingness to cooperate in light of this unfinished business. Following additional discussion, in response to Council inquiry, City Attorney John Ross indicated statute Article 6701 (d), Section 87 which provides for local authority to designate a particular grade crossing as dangerous and authorizes the installation of specific safety devices if the local authority wishes to do so; that there was in existence a formula whereby the costs were proportionally shared; that another alternative was to establish a Liaison Committee between the City and the Railroad to work on those specific areas that are hazardous, said committee reporting back to the Council periodically. Councilman McAlister expressed his viewpoints that he preferred a continuous working relationship maintained between the City and the Railroad if possible. Following discussion, the motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry that no action in regard to this matter be taken at this time, relying on the action of the Liaison Committee consisting of representatives from the City and the Railroad Companies. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-360-1008 Ordinance No. 7761 (27) AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 2-81 THEREOF PROVIDING FOR APPROVAL OF CLAIMS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance regarding settlement of small claims Section 2.81 of the Code of Ordinances of the City of Lubbock provides for all claims of $1,000 or more be submitted to the City Council for approval or rejection; that the City Manager may authorize payment of any claim less than $1,000 if payment of such claim is approved by the City Attorney. 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. 7 8-37-360-1009 Ordinance No. 7762 (28) AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING A NEW SECTION 19-20.4 PROVIDING FOR PROHIBITING DISCRIMINATION IN PUBLIC PLACES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance regarding ublic accommodations This ordinance states that it is unlawful for any person or firm to deny any person any accommodation or use of a facility because of race, color, religion, ethnic background or national origin. It also provides for a penalty not exceeding $200 for violation of any provision of this ordinance. Ms. Vivian Mendez, representing the Coalition for Equal Justice, appeared before the Council requesting that the ordinance include specific provisions with regard to dress code and types of I.D.'s that are acceptable; that minorities are experiencing discrimination due to these two items, to which Mr. Ross, City Attorney, responded that the owner could be required to post the entrance requirements for his particular establishment at the door, thereby informing all citizens of the appropriate entrance requirements. CT 2 6 1978 361 F Steve McIntyre, also representing the Coalition for Equal Justice, challenged the inadequacy of the proposed ordinance, specifically stating that referenced was not made to housing, sex, age, and provisions for the physically handicapped. Followi.ng discussion, upon the recommendation of members of the Council to amend the proposed ordinance to include specifically reference to age, sex, provisions for the physically handicapped, and provisions for each proprietor to post entrance requirements at the entrance of his establishment, motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to pass said ordinance as amended on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister.voting Yea; Councilman Aderton voting Nay. 78-37-361-1010 Resolution regarding industrial revenue bonds (29) RESOLUTION WHEREAS, jobs for citizens of the City of Lubbock are crucial to our area's economic stability and growth; and WHEREAS, 46 states in the United States have found it in the public interest to allow political subdivisions to issue revenue bonds to create jobs, and WHEREAS, Texas does not have such a competitive tool for communities to entice new job opportunities, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council encourages every citizen to study the advantages of this far-sighted concept of fair and competitive business opportunity; and BE IT FURTHER RESOLVED, that every citizen support and.encourage passage of the Constitutional Amendment allowing political subdivisions to issue revenue bonds to create jobs for their citizens. Passed by the City Council this 26th day of October, 1978. /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaff a Eve yn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: John C._Ross, Jr. _ John C. Ross, Jr., City Attorney Motion was made by Councilman Aderton, seconded by Councilman McAlister to pass said resolution, which provides for cities to issue industrial revenue bonds, said matter to appear as constitutional amendment on the November 7 general election ballot. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 7 8-37-361-1011 Grant Offer from F.A.R. for $380,456.00 for reimbursement of land (30) acquisition for land previously acquired by the City 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 a Grant Agreement between the City of Lubbock and the United States of America, acting through the Federal Aviation Administration, 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 26th day of October, 1978. /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaffga Evely:-Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: �N32 OCT 2 6 1978 78-37-362-1012 (31) 78-37-362-1013 (32) 78-37-362-1014 (33) 78-37-362-1015 (34) 78-37-362-1016 (35) 78-37-362-1017 (36) NOTE: Agreement with original resolution filed under "Grant Agreement between City & U.S.A. Acting Through F.A.A.". Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to accept said grant offer from F.A.A. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Proposal for audit of Weatherization Grant Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve said proposal for audit. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. NOTE: Document filed under "Auditor" - Permanent file Bid No. 5066 - Fire hydrants warehouse stock Low Bidder M. B. McKee Company, Lubbock Bid No. 5068 for miscellaneous electric items (warehouse stock Item No. 1 Westinghouse Electric Supply Co., Lubbock Item No. 2 Nelson Electric Supply Co., Lubbock Item No. 4 Temple, Inc., Lubbock Item No. 5 C. B. Anderson Co., Amarillo Items 8,9, & 10 General Electric Supply Co., Lubbock Item No. 12 Temple, Inc., Lubbock Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to approve said bids. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Bid No. 5073 for traffic citation forms (Municipal Court Councilwoman Jordan asked if the forms had been revised to allow for any increase in the parking fines, that she recalls this matter discussed previously and was to be considered at the time new forms were to be printed. Upon checking the current form used provides a blank space in which the amount of the fines can be inserted. Motion was made by Councilwoman Jordan to amend the citation form allowing for parking fine increase to $3.50. Motion died for a lack of a second. Low Bidder Moore Business Forms, Lubbock Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to approve said bid. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; Councilwoman Jordan voting Nay. Bid No. 5082 for installation of 24" water line at quaker Av & Clovis Road Engineering Department, Revenue Sharinq Funds Low Bidder Panhandle Construction Co., Lubbock Motion was made by Councilmen McAlister, seconded by Mayor Pro Tem Henry to approve said bid. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Appointment of eleven members to the Lubbock Urban Design Commission Ron Beard 1923 23rd St. 747-2315 Architecture 2305 Ave. T 744-2374 Pres., Lubbock Garden & Arts Center Bill Cantrell 2218 58th St. 744-4839 Urban Planning Route #3,Box 52A 747-2566 Dr. Neal Pearson 3009 25th St. 742-2991 History or Political Sci. Dr. William J. Mayer -Oakes 4605 17th St. 792-3944 Archaeology & Paleontology Carolyn Lanier (Mrs. Wm) 4803 16th St. 792-4020 Sociology and Anthropology Bill Averitt 4303 54th St. 795-6702 Building Construction 2424 Quaker 792-4834 Jim Mertes 5227 17th St. 742-2866 Landscape Architecture Texas Tech Univ. OCT 2 6 1978 IN Large Hunt 2306 54th St. 792-1603 622 28th St. 744-4592 Beverly Stribling 3313 54th St. 792-8112 Chris Gelin 3402 42nd St. 799-0873 Elois Elliott 2303 13th St. 765-7382 78-37-363-1018 Appointment of three members to the Planning and Zoning Commission (37) Reappointment of Bob Schmidt, term to expire 11/16/81 Reappointment of Jim Ratliff, term to expire 11/16/81 Appointment of Bob Covington, 5521 1st Place, 797-3537 Holden -Dodson Nursery, 5930 South Ave. Q, 744-1057, term to expire 11/16/81 78-37-363-1019 A ointment of one member to the Housing Standards Commission (38) Reappointment of Theo R. Phea, Jr., term to expire 12/19/81. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to approve above referenced appointments. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. There being no further business, the meeting was adjourned at 3:00 p.m. 4 ATTEST: City cre ary-Tre sure READ AND APPROVED THIS THE 9th DAY OF November 1978 Pt/ 11 ATTEST: City Sec etary-Trea ur r