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