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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/8/197984 FF R 8 1979 REGULAR CITY COUNCIL MEETING FEBRUARY 8, 1979 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, Councilman M. J. Aderton, Councilman Bill McAlister, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: Councilwoman Carolyn Jordan 79-38-84-130 The invocation was given by Jim Bertram, Director of Planning. (1) 79--38-84-131 The Pledge of Allegiance to the Flag was given in unison by those present (2) in the Council Chambers. 79-38-84-132 ApRroval of Minutes - Regular -Meeting, January 25 1979 (3) Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve referenced minutes as corrected. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 79-38-84-133 Citizen Appearances Mayor West presiding. Sr. NCO of the Year -- 1978 SMSGT. Guy A. Chauvin (Reese AFB) NCO of the Year -- 1978 TSGT. Bradley L. Charters (Reese AFB) Airman of the Year -- 1978 AIC David J. Anderson (Reese AFB) Jr. Officer of the Year -- 1978 1LT Karen L. Hagauer (Reese AFB) 79-38-84-134 Proclamations (5) Mayor Pro Tem Henry presiding. "Beard -Growing Time" - February 8-March 31, 1979 American Business Club --Downtown Chapter "Big Brothers/Big Sisters Week" - February 18-24, 1979 Councilman Bill McAlister presiding. "LULAC Week" - February 11-17, 1979 "Mass Communications Week" - February 19-23, 1979 Councilman M. J. Aderton presiding. "Scout Anniversary Week" - February 4-10, 1979 "Circle K International Week" - February 4-10, 1979 Mayor Dirk West presiding. "Visitor and Convention Community Awareness Month" - February 4-10, 1979 79-38-84- 135 Appearance of Bill McMillan concerning building code violation at the (6) United _Supermarket at 50th Street and Slide Road. Mr. Bill McMillan appeared before the Council at the request of the Building Board of Appeals for the reason of an alleged building violation with respect to the remodeling of the supermarket located at 50th Street and Slide Road. The nature of the violation relates to the use of wood shingles on a canopy attached to the roof of the building . Mr. McMillan indicated that on July 12, 1978, he was issued a building permit following the presentation of plans and specifications of the proposed remodeling job, said plans and specifications reflecting the anticipated use of the wood shingles on the canopy. Four days prior to the completion of the entire project, the contruction 85 FFV197g 79-38-85- 136 (7) 79-38-85-137 (8) job was red tagged due to the alleged violation of the Building Code. Mr. McMillan, having workmen and materials on hand completed the job thereafter. His appearance as this stage was for the purpose of requesting exemption from the red tag due to a deviation from the Building Code on this particular building. Extensive discussion ensued during which it was pointed out by City Attorney John Ross that the Council does not have the authority to waive an ordinance now incorporated into the Code; that the only means by which the matter could be remedied would by amending the Building Code Ordinance in which shingles would be permitted in Fire Zone No. 2; that the Building Board of Appeals recommendation to Mr. McMillan that the Council could waive the Building Code was erroneous and that he had been misdirected. It seems that to permit this type of material in Fire Zone No. 2 - the issue of the violation - could increase the key rate on the insurance premium paid by the City. Mayor Pro Tem Henry suggested that possibly a ruling from the State Board of Insurance could be obtained as to the type of contruction and roof affected in Fire Zone No. 2 inasmuch as this canopy is not a structural part of the roof; that should this type of construction be permitted in Fire Zone No. 2, what effect, if any, would it have on the key rate of the City's Fire Insurance coverage. In response to Council's query, Mr. McMillan indicated to remove the shingles and to replace with a fire retardant material would cost in the area of $15,000.00. Following the discussion, the motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to request the Mayor to write the State Board of Insurance requesting their interpretation of a mansard roof not structurally a part of the building, as compared to mansard roofing material used where it is a structural part of the building; and additionally, what effect there would be on Fire Insurance rate in Lubbock if the Building Code requirements were changed to allow wood shingles in Fire Zone No. 2. Mayor Pro Tem Henry did point out that while they were awaiting the response from Austin, that Mr. McMillan would not be subject to any penalty or no action would be taken in this matter, to which Mr. Bertram concurred. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. (A complete transcript of this portion of the meeting is on file in subject file entitled: "Bill McMillan - Building Code Violation") Ordinance No. 7799 Zone Case No. 2214 - Request of Tom_ Scarborough to change a tract of. land out_ of Section 17, Block B, City of LUbbock, Lubbock County, Texas from "R-3" to "C-3" Zoning Distrie-t ClnrAI-Otl nnrth of UA. li Cr,-oow .„A 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. 2214; CHANGE A TRACT OF LAND OUT OF SECTION 17, BLOCK B, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 TO C-3 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. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining; Councilwoman Jordan absent. Ordinance No. 7800 Zone Case No. 1560-C - Request of Harold Chapman (for Harold Chapman and Rufus Rush) to change Lots 13A, 13B,_13C and 13D, Block 32, Rushland Park Addition, City of Lubbock, Lubbock County, Texas, from "AM" to_ "R-1" Zoning District (located west of Quaker Avenue and south of 7th Street. _-_- 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. 1560-C; CHANGE LOTS 13A, 13B, 13C AND 13D, BLOCK 32, RUSHLAND PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AM TO R-1 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining; Councilwoman Jordan absent. 79-38-85-138 Ordinance No. 7792 (9) Zone Case No. 2200-A - Request of Roger Loter for Legends, Inc. d.b.a. La Fonda del Sol) to change_a tract of land out of Section 9� Block A, City of Lubbock, Lubbock County, Texas, from "R-1" to 11C-2" Zoning District located south of Farm Road 2641 and about 1900 feet west of the Amarillo Highway). 86 F E B g 1979 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. 2200-A; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO C-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining; Councilwoman Jordan absent. 79-38-86-139 Ordinance No. 7793 (10) Zone Case No. 1865-H - Request of Jack Geddes for Bobb Day) to change a tract of land out of Section 37, Block A-K, City of Lubbock Lubbock County, Texas, from "R-2" to "A-1" Zoning District (located south of 36th Street and east of Ironton Avenue) subject to the followin& condition: that it be tied to the site plan as shown. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7721 OF THE CITY OF LUBBOCK, WHICH AUTHORIZED A SPECIAL USE PERMIT IN ZONE CASE NO. 1865-F, ON A TRACT OF LAND OUT OF SECTION 7, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS: ZONE CASE NO. 1865-G, BY AMENDING THE SITE PLAN MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining; Councilwoman Jordan absent. 79-38-86- 140 Ordinance No. 7794 (11) Zone Case No. 2146-A - Request of Jack Geddes (for Bobby Day) to chan e a tract of land out of Section 37 Block A-K CitX of lubbock Lubbock County, Texas, from "R-2" to "A-1" ZoninE District (located south of 36th Street and east of Ironton Avenue) subject to the following condition: that it be limited to triplexes and uadra lexes. 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. 2146-A; CHANGE A TRACT OF LAND OUT OF SECTION 37, BLOCK AK, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-1 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. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining; Councilwoman Jordan absent. 79-38-86- 141 Ordinance No. 7795 (12) Zone Case No. 2215 - Re uest of Roy Love (for Bethel Assembly Church to change a tract of land out of Section 4 Block E City of Lubbock Lubbock County,Texas from "R-1" to "A-2" Zoning District (located north of 76th Street and east of Avenue U) subject to the following conditions: that it be limited to a church use; that the exterior be limited to brick or stucco. 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. 2215; CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining; Councilwoman Jordan absent. 79-38-86-142 Ordinance No. 7796 (13) Zone Case No. 2103-A - Request of John Kin (for Sportsman Supplyl to change a tract of land out of Section 4,_Block E, City of Lubbock, Lubbock Count Texas from "A-1" to "R-2" and "C-2" Zoning Districts (located north of 74th Street- and west of _Avenue X). 87 FF8 g 1979 am oft 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. 2103-A; CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-1 TO R-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-1 TO C-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining; Councilwoman Jordan absent. 79-38-87-142 Ordinance No. 7801 (14) Zone Case No. 2219 - Request of Steve M. Hurt (for Lubbock Bible Church) to change a tract of land of Section 29 Block A-K City of Lubbock Lubbock County, Texas, from 11-1" to "A-2" Zoning District (located south of 66th Street and east of Iola Avenue) subject to the following conditions: that it be limited to church use; that the exterior of all buildings shall be brick or stucco material. 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. 2219; CHANGE A TRACT OF LAND OUT OF SECTION 29, BLOCK AK. CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-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. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining; Councilwoman Jordan absent. 79-38-87- 143 Ordinance No. 7797 (15) Zone Case No. 2221 - Request of Bob Jordan to change Lot 19 Block 3 Berry Addition, City of Lubbock,_ Lubbock County, Texas, from "R-2" to "C-4" Zonin District (located north of 35th Street and about 190 feet east of Avenue A LGB:hw ORDINANCE NO. 7797 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. 2221; CHANGE LOT 19, BLOCK 3, BERRY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO C-4 ZONING DISTRICT; PROVIDING A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining; Councilwoman Jordan absent. 79-38-87-.144 Ordinance No. 7798 (16) An ordinance amending City.. Ordinance _#4251 and _#4955,_repealing certain_ 20 mph school zones. LGB:hw ORDINANCE NO. 7798 AN ORDINANCE AMENDING ORDINANCES NO. 4251 AND 4955 OF THE CITY OF LUBBOCK BY REPEALING CERTAIN 20 M.P.H. SCHOOL ZONES MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND REESTABLISHING THE PRIMA FACIE SPEED LIMITS ESTABLISHED BY ARTICLE 6701d. SECTION 166 (a)(1), VERNON'S TEXAS CIVIL STATUTES. PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY CLAUSE AS PROVIDED FOR IN SECTION 1- 5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining; Councilwoman Jordan absent. 79-38-87-145 Ordinance No. 7802 (17) An appropriation ordinance from Electric Bond Fund for Bid #5136. 7 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, 88 tB 8 1979 79-38-88-146 (18) 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: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND The sum $337,070.00 For the purpose: 1 lot of Materials for expansion of Co-op and Holly Substation as per Bid No. 5136 AND IT IS SO ORDERED Passed by the Council on first reading this 25th day of January, 1979. Passed by the Council on second reading this 8th day of February, 1979. II /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga CITY SECRETARY -TREASURER APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney VERIFIED BY: /s/ Sterling K. Miller FINANCE OFFICER APPROVED BY: /s/ Bill Wood HEAD OF DEPT. DEPT. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining; Councilwoman Jordan absent. Ordinance No. 7803 An a_ppro riation ordinance from Sanitary Sewer Capital Projects Fund for Bid #5174. 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: Sanitary Sewer Capital Project Fund The sum $167,782.47 For the following purpose: Southwest Sanitary Sewer Main Contract = $155,985.35 Paving Repair = $ 2,300.00 Subtotal = $158,285.35 + 6% Engineering = $ 9,497.12 Total = $167,782.47 AND IT IS SO ORDERED Passed by the Council on first reading this 25th day of January, 1979. Passed by the Council on second reading this 8th day of February, 1979. ATTEST: /s/ Evelyn Gaff a CITY SECRETARY-TREAS. APPROVED AS TO FORM: /s/ Dirk West MAYOR VERIFIED BY: /s/ Sterling K. Miller APPROVED BY: /s/ Wilford D. Watson HEAD OF DEPT. DEPT. Fl- /s/ John C. Ross, Jr. John C. Ross, Jr. City Attorney * r FFB Q 197 Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining, Councilwoman Jordan absent. 79-38-89-147 Ordinance No. 7805 (19) An ordinance establishing fees to be charged by Pioneer Natural Gas_ Company for setting, turning on and reconnectin4 customer meters within the City Limits of Lubbock, Texas. �T DGV:hw ORDINANCE NO. 7805 AN ORDINANCE ESTABLISHING FEES TO BE CHARGED BY PIONEER NATURAL GAS COMPANY FOR SETTING, TURNING ON AND RECONNECTING CUSTOMER METERS WITHIN THE CITY LIMITS OF LUBBOCK, TEXAS. Mayor Pro Tem Henry presiding. Motion was made by Councilman Aderton, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent; Mayor West abstaining. 79-38-89-148 Ordinance No. 7804 (20) An ordinance defining and prescribing the rates applicable to the sale of natural Sas and natural gas service bX Pioneer Natural Gas Company to certain of its customers who use natural gas within the City Limits of Lubbock Texas; 2roviding for monthlZ adjustments to the nearest .01 in such rates in accordance with increases or decreases in the avers a monthly cost to Pioneer of gas purchased for its West Texas Transmission System; 21acing certain limits on the maximum amount of said monthly adjustments; defining cost of as; establishing an effective date; and containing a savings and severabilitZ clause. DGV:hw ORDINANCE NO. 7804 AN ORDINANCE DEFINING AND PRESCRIBING THE RATES APPLICABLE TO THE SALE OF NATURAL GAS AND NATURAL GAS SERVICE BY PIONEER NATURAL GAS COMPANY TO CERTAIN OF ITS CUSTOMERS WHO USE NATURAL GAS WITHIN THE CITY LIMITS OF LUBBOCK, TEXAS; PROVIDING FOR MONTHLY ADJUSTMENTS, TO THE NEAREST .01¢, IN SUCH RATES, IN ACCORDANCE WITH INCREASES OR DECREASES IN THE AVERAGE MONTHLY COST TO PIONEER OF GAS PURCHASED FOR ITS WEST TEXAS TRANSMISSION SYSTEM; PLACING CERTAIN LIMITS ON THE MAXIMUM AMOUNT OF SAID MONTHLY ADJUSTMENTS; DEFINING COST OF GAS; ESTABLISHING AN EFFECTIVE DATE; AND CONTAINING A SAVINGS AND SEVERABILITY CLAUSE. Ma'yor.{Pro Tem Henry presiding. In anticipation to her being absent at today's Council Meeting, Councilwoman Jordan indicated that she would support this ordinance provided that there be provision for the staff person replacing Mr. Ervin Looney to be responsible for ongoing study to determine if these rates are applicable to Pioneer's cost of doing business in Lubbock, and that if it is found that they do not represent the cost of doing business in Lubbock, that a provision be made for accounting and refund to the gas customers. City Manager Larry Cunningham responded to the Council's request to determine an estimated cost to have an outside firm review their studies; that these two different firms had been contacted, both of which were reluctant to give an estimated cost of review, for they felt the need to visit with the City and with Pioneer people to determine what was involved. Director of Finance Sterling Miller indicated that Touche-Ross Firm had performed in similar study for the City of Garland, Texas, and the fee they received was $12,000.00. Following discussion, Councilman McAlister suggested that the Ordinance be amended to reflect the concerns expressed in the discussion, and made the motion that an amendment be added that the City Rate Analyst review the method of allocation on the part of the total revenue deficit which is to be paid by the City of Lubbock, to determine that such allocations are fair and equitable. That would be the first part of the amendment. The second part would be that if the City Rate Analyst finds that the method of allocation in question is not fair and equitable, that he is to file his findings with the City Council which will thereby take appropriate action authorized by law, which action may include a new rate hearing to consider an accounting and refund order. Motion to amend referenced ordinance was seconded by Councilman Aderton. There being no further discussion, the motion carried: Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent; Mayor West abstaining. Mayor Pro Tem Henry once again commented for the record that Councilwoman Jordan had expressed her intent and was supportative of this ordinance as amended. 90 The motion was then made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on second and final reading as amended. Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent; Mayor West abstaining. 79-38-90-149 Approval of a consulting firm to complete an update_of the Population (21) and Economics Report of the Lubbock Urban Transportation Plan. In 1980, the Highway Department in cooperation with the City of Lubbock, will update Lubbock's Urban Transporation Plan. The City of Lubbock sent out requests for proposals for this update and received 5 proposals, to - wit: 1. Frank Osgood and Associates 2. Carter and Burgess, Inc. 3. Henningson, Durham, and Richardson, Inc. 4. Business Research Associates 5. Masters and Henry It was the recommendation of the staff that the Frank Osgood and Associate Firm of Dallas offered the best background and price to these duties, and requested permission to negotiate a contract with this firm. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to grant permission for the City Manager to negotiate a contract with the firm of Frank Osgood and Associates, Dallas, to perform these services. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 79-38-90-150 Site 2lan approval for Lakerid a Country Club Estates (22) When this planned unit development was approved, it was required that all buildings come before the Planning Commission and the City Council for site plan review prior to being built. The site plan in question involves covered tennis courts on the south side of the recreational area of the Lakeridge Country Club Estates. Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to uphold the Planning and Zoning Commission and approve referenced site plan. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 79-38-90-151 Resolution No. 61 (23) Resolution approvin& an agreement between the State Highway Department and the City of Lubbock for installation of a traffic signal at west 4th Street and Loop 289 Service Road. LGB:hw RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: �r 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 with the State of Texas pertaining to the erection of traffic signals at the intersection of F.M. 2255 (4th Street) with the northbound and southboulid frontage roads of Loop 289, Lubbock, Lubbock County, attached herewith 1 which shall be spread upon the minutes of the Council and as spread upon 1 the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to approve and sign for and on behalf of the City of Lubbock the title sheet for the construction plans of those traffic signals, incorporated by reference 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 �I of this Resolution as if fully copied herein in detail. I Passed by the City Council this 8th day of Februar 1979. ATTEST: s Dirk West DIRK WEST, MAYOR /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: s Bi11 McDaniel Bill McDaniel, Dir. Traffic Engineering APPROVED AS TO FORM: s Leon Bean Leon Bean, Asst. City Attorney *Agreement filed with original Resolution No. 61, entitled: Agreement with State Highway Dept. Re: Traffic Signals at 4th & Loop 289. 91 "E8 8 7979 This proposed resolution and agreement is for the installation of a demand actuated traffic signal at Loop 289 service road and West 4th Street, to be installed by the State Highway Department at their expense. This installation is very similar to that at South Quaker and South Indiana at Loop 289; the agreement provides for the maintenance for this signal installation to be provided by the City, at the estimated cost of $10,000.00 to $12,000.00. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 79-38-91-152 Price and conditions of sale of Parcel 3-1 in the Coronado -Tex. R-33 (24) Urban Renewal Project Redeveloper Price Redevelopment Vance E. Harris and wife, $938.00 Single -Family Residence Marcnellus Harris 79-38-91-153 Price and conditions of sale of Parcel 9-14 in the Coronado -Tex. R-33 (25) Urban Renewal Project Redeveloper Price Redevelopment Cosby L. Morton $938.00 Single -Family Residence 79-38-91-154 Price and conditions of sale of Parcels 5F-1-7 8 10 and 11 in the (26) Lubbock NDP Urban Renewal Area Redeveloper Price Redevelopment Luther Adams, Jr. $5,700.00 Single -Family Residence These sales are for single-family residences and are in keeping with the Land Use Plan. Motion was made by Councilman McAlister, seconded by Councilman Aderton to approve referenced price and conditions of sale for the above referenced parcels. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 79-38-91-155 The allocation of Community Development contingency funds to cover costs (27) of the Fourth Year CDBG Paving Pro ram At the last City Council work session, the Council requested a report on the reasons for overruns in the 4th Year CDBG Paving Program, and requested suggestions for trimming the overrun. Upon perusal of the backup material submitted to the Council, staff members recommended the following deletions from the proposed Fourth Year CDBG Paving Program: 1. Duke -University to Akron 2. Erskine - N. Elm to N. Ivory 3. 22nd - Milwaukee to LaSalle 4. 26th - Milwaukee to Kewanee The amount of $139,945.85 from CDBG Contingency fund is authorized to cover street Davine costs overrun_ Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve the itemized allocation for the Fourth Year Community Development Paving Program with the exception of those deletions listed above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 79-38-91-156 Bid #5172 for Community Development Paving Program 1978 (Community Development (44) -- .—._ Low Bidder W. D. Turner Construction Company, Lubbock ($746,848.50) Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve the above referenced bid. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. Fordham-Clovis Rd. to Detroit Duke -Athens to Boston LaSalle - 26th to 24th W 1/2 of Quirt - Municipal to Dartmouth Ivory - Erskine to Emory Fordham - N. Elm to N. Ivory 48th - C to D E. 13th - Spruce to Vanda 92 FEB 8 1979 Guava - E. 8th to Idalou Rd. Guava - E. Broadway to E. 19th W 1/2 of Ironwood - E. 15th to E. 18th Fig - E. 3rd P1. to E. 2nd St. Elder - E. 4th to E. 3rd Pl. David - E. 7th to E. 4th E. 5th - Beech to David Yucca - 4th to E. 6th Ave. L and 42nd Realignment Mackenzie Park Road Renovation Canyon Lakes Road - 19th to Broadway (Upper Lake 6) Parking Lot & Access Road Lake 6 (Dunbar) Green Fair Manor Alley, East side 79-38-92-157 Resolution No. 66 (28) An amended resolution listing streets for the 1979 Assessment Paving Program RESOLUTION A RESOLUTION AMENDING RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF LUBBOCK DATED JANUARY 11, 1979 AND JANUARY 25, 1979, PROVIDING FOR IMPROVE- MENTS OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. WHEREAS, THE CITY COUNCIL ENACTED STREET AND ALLEY IMPROVEMENT RESO- LUTIONS DATED JANUARY 11, 1979 AND JANUARY 25, 1979 AND SUCH RESOLUTION SHOULD BE AMENDED AND COMBINED INTO ONE RESOLUTION TO READ AS FOLLOWS; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT THOSE CERTAIN STREET AND ALLEY IMPROVEMENT RESOLUTIONS DATED JANUARY 11, 1979 AND JANUARY 25, 1979 ARE HEREBY AMENDED AND COMBINED INTO ONE RESOLUTION TO READ AS FOLLOWS: I. Public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: ALLEY (10' WIDE) NAME E-W Alley bet. 59th & 60th E-W Alley bet. 49th & 50th N-S-E-W Alley bet. Joliet & Indiana Dr. E-W Alley bet. 74th & 75th E-W Alley bet. 42nd & 43rd N-S Alley - 68th Dr. to Norfol Wayne Avenue (36') 79th Street (361) 79th Street (361) 80th Street (36') Toledo Avenue (36') Kemper Street (36') Boston (42') E. 46th St. (52') 82nd Street (86') FROM TO Elgin Ave. Canton Ave. Quaker Ave. Memphis Ave. k Indiana Dr. 82nd St. Hartford Ave. Indiana Ave. Hartford Ave. Indiana Ave. Norwood Norfolk STREETS 58th St. 59th St. Boston Ave. Akron Ave. Akron Ave. University Ave. Boston Ave. Akron Ave. 65th St. 66th St. Quaker Ave. Salem Ave. 81st St. 82nd St. Locust R.R. - E. of Locust Memphis Ave. Slide Road II. Said portions of streets, highways and avenues shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with four (4) course penetration type or 1-3/4" hot mix type asphaltic surface treatment. Alleys shall be improved by installing a ten (10) foot wide, 5" thick reinforced concrete strip in the center thereof. FEB 8 197 The City Engineer is hereby directed to prepare plans and specifications for such improvements. IV. Such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. STREET IMPROVEMENTS (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railwyas under sub -paragraph (a) above, provided, that such part of the cost assessed to the abutting property or owners thereof will not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear at the hearing, to be had before final assessment is made, that the special benefits to such property by ways 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. ALLEY IMPROVEMENTS (c) The abutting property and owners thereof shall pay and shall be assessed for a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, in the following manner: All property which has single family or two (2) family residential usage on both sides of the alley to be improved shall be assessed for fifty (50) percent of the cost of such improvements. Vacant property zoned for two (2) family residential pur- poses shall be assessed for fifty (50) percent of the cost of such improvements. Property which has commercial or semi, -commercial usage, and property used or vacant and zoned for three (3) or more family residential usage, shall be assessed for ninety (90%) of the cost of such improvements. Where there is commercial, semi -commercial or multi family usage or zoning on one side of an alley and single family or two (2) family residential usage and zoning on the opposite side, then that property used as single family or two (2) family residence shall be assessed fifty (50%) percent of the cost of such improvements. Said abutting property and owners thereof shall pay and be assessed for the cost of constructing alley paving improvements as specified above, provided, that if it shall appear at the hearing to be had before final assessment is made, that the special benefits 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. (d) The remaining cost of said improvements after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereby, and against abutting property and the owners thereof under sub -paragraph (b) and (c) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracts and 2 feet on each side thereof shall be paid on estimates or statements on or before twenty days after acceptance of the improve- ments in the unit in which the railway lies, by the City Council and shall bear interest from date due and until paid at the rate of 6% per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installations. The first of which shall become due on or before 20 days after completion and acceptance of the improvements in the unit on which the property abutts by the City Council; the second, third, fourth and fifth installments shall become due one, two, three, and four years respectively after completion and acceptance of the improvements in the unit upon which the property abutts, 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 on street improvements and seven percent per annum on alley improvements, payable annually, with provisions 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, such default shall mature the entire assessment upon which same is made. 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 amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105B Revised Civil Statues of Texas as amended by Chapter 281 Acts of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. FEB 8 1979 79-38-94-158 (29) VII. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8TH DAY OF FEBRUARY, 1979. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Eng. /s/ Dirk West Dirk West, Mayor APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney The amended resolution will add the north/south alley between Norwood Street and Norfolk Street from 68th Drive to Norfolk Street. The amended resolution would assess the "R-1" or "R-2" at 50% of the cost of the improvements. Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. Resolution No. 67 A_ resolution adopting plans and specifications for the 1979 Assessment_ Paving Program RESOLUTION A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, the City Council on February 8th, 1979, passed an amended resolution providing for the improvements of portions of streets, highways„ avenues and/or alleys in the City of Lubbock, Texas, and along the boundaries of said city, and directing preparation of plans and specifications coveri4 the streets, highways, avenues and/or alleys as named in said resolutions, and, WHEREAS, the City Engineer has prepared and filed with the City plans and specifications for such improvements, and same have been examined; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT, the plans and specifications submitted by the City Engineer covering improvements contemplated by said resolutions, BE, and the same are hereby approved. AND IT IS SO ORDERED. PASSED AND APPROVED THIS 8TH DAY OF FEBRUARY, 1979. /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross Jr. John C. Ross, Jr., City Attorney 95 FEB g 19 79-38-95-159 (30) 79-38-95-160 (31) This resolution is the next required step in the annual assessment program. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. Resolution No. 62 A .,.......1-14 -... ..,.tl..-. 4- 4 KJ:hw RESOLUTION nmmg�nt rri tk 4-1-0 Ct�to BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor and City Council of the City of Lubbock BE and are hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and the State of Texas, acting through the State Department of Highways and Public Transportation, covering the widening and improving of FM 1730, Slide Road, from South Loop 289, south 1.2 miles, 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 8th ATTEST: day of _ February* -_ 1979. /sf_Dirk West DIRK WEST, MAYOR /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Sam Wahl Sam Wahl, Director of Public Works APPROVED AS TO FORM: /s/ Kenneth Jones Kenneth Jones, Senior Asst. City Attorney *NOTE: Original Agreement filed) with Original Resolution No. 6 This agreement between the City and the State Highway Department is a requirement for the Slide Road project. The agreement reaffirms what has been agreed to in a previous minuted order and reflects the estimated City cost of $85,400. The City will assess the property owners along Slide Road for the majority of the curb and gutter. The assessment hearing will be held February 22, 1979. Motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. Ordinance No. 7806 Ci priation ordinance_ from Street _C s share of paving Slide Road (S. tal Improvement Funds for the __ lon - __ I- , 41� AN APPROPRIATION ORDINANCE LL1 4.4 LLL.LJ.e8 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" Street Capital Improvement The sum $69,209.89 For the following purpose: Lubbock's share of F.M. 1730 widening (Slide Road-S. Loop 289, South 1.2 miles) G.W.O. 10,964 0 = E $ 8 1979 79-38-96-161 (32) AND IT IS SO ORDERED. Passed by the Council on first reading this 8th day of February, 1979. Passed by the Council on second reading this day of , 19_ Mayor ATTEST: City Secretary -Treasurer VERIFIED BY: /s/ Sterling K. Miller Finance Officer APPROVED BY: /s/ Wilford D. Watson Head of Department Approved as to Form: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney This ordinance is for funds from the Street Capital Improvement Fund in thej amount of $69,209.89. The appropriation ordinance is related to Resolutioq; No. 62 above. Motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Na30; Councilwoman Jordan absent. Ordinance No. 7807 Appropriation ordinance from Storm Sewer C fora Rortion of the Cit 's share of pavin South 1.2 miles) ital Improvement funds Slide Road (S. Loop 289 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: Storm Sewer Capital Improvement The sum $6,190.11 For the following purpose: A portion of Lubbock's share of the cost on F.M. 1730 widening (Slide Road-S. Loop 289, South 1.2 miles) G.W.O. 10,964 AND IT IS SO ORDERED Passed by the Council on first reading this 8th day of February, 1979. Passed by the Council on second reading this day of , 19_ ATTEST: VERIFIED BY: Mayor City Secretary -Treasurer /s/ Sterling K. Miller Finance Officer APPROVED BY: /s/ Wilford D. Watson Head of Department Approved as to Form: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney FEB 8 197 79-38-97-162 (33) «. s This ordinance is in the amount of $6,190.11 and is from the Storm Sewer Capital Improvement Fund. This is the portion of the City's cost to the State Highway Department for the section of Slide Road curb and gutter on park area which is below high water. Motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. Resolution No. 63 _A Street Use License to install a handicap ramp in front of the Bell_ Telephone Office at 1405 Main Street 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 Street Use License between the CITY OF LUBBOCK and SOUTHWESTERN BELL TELEPHONE COMPANY 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 8th ATTEST: day of February ,1979. /s/ Dirk West DIRK WEST, MAYOR /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Bill Grisham Bill Grisham, Right of Way Agent APPROVED AS TO FORM: Is/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney STREET USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK X This indenture made this 8th day of Fhbruary , 1979, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and SOUTHWESTERN BELL TELEPHONE COMPANY, Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct and maintain a handicap ramp at the 1405 Main Street entrance to the offices of Licensee, same being in the North Line of Block 115, Original Town of the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point in the South line of Main Street, same being the North line of Block 115, Original Town, said point bearing East a distance of 194.28 feet from the Northwest corner of said Block 115, Original Town; THENCE North a distance of 4.4 feet to a point; THENCE East a distance of 21.50 feet to a point; THENCE South 45° East a distance of 4.33 feet to a point; THENCE South a distance of 1.34 feet to a point; THENCE West a distance of 12.06 feet to a point; THENCE North 45° West a distance of 0.38 feet to a point; THENCE West a distance of 2.5 feet to a point; THENCE South 45' West a distance of 0.38 feet to a point; THENCE West a distance of 9.46 feet to the POINT OF BEGINNING. Contains 102.68 square feet. 1. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 1405 Main Street, Lubbock, Texas 79401, Lubbock, Texas or the last known address of LICENSEE. Upon expiration or cancellation and revocation of this license by the ii CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of TWO HUNDRED AND NO/100 ($200.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement repairing of paving, sidewalks and utilities of any nature occasioned by construction as authorized by this license. 4. In the event the CITY OF LUBBOCK determines that the existence of 11 such use interferes with or causes the rerouting or realignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the. CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such relocating or rerouting over and above the expense whi A would have been incurred except for LICENSEE'S use herein. 11 5. This license is not transferable by the LICENSEE without first recei the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreem ent with any contractors hired by LICENSEE to perform the construction, repair , or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreemen�, with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 7. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form I satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto; to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK withou the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph Five (5). 11-01 MXNA FEB g 1979 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK BY /s/ Disk West ATTEST: DIRK WEST, MAYOR /s/ Evelyn Gaf€ga _ Evelyn Gaffga, City Secretary -Treasurer AGREED TO AND ACCEPTED this lith day of April 1979. LICENSEE: SOUTHWESTERN BELL TELEPHONE COMPANY BY Isl Charles A. Jackson APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney APPROVED AS TO CONTENT: /s/ Wilford D. Watson _ Wilford D. Watson , City Engineer THE STATE OF TEXAS X COUNTY OF LUBBOCK I DISTRICT MANAGER -REAL ESTATE AND BUILDING DESIGN BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared DIRK WEST, Mayor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of February, 1979. Isl Ranette Boyd Notary Public, Lubbock County, Texas My Commission expires 5/20/80 THE STATE OF TEXAS I COUNTY OF LUBBOCK I BEFORE HE, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared Charles A. Jackson , President of SOUTHWESTERN BELL TELEPHONE COMPANY, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this llth day of April , 1979. Isl Rita G. Slack Notary Public, Bexar County, Texas Southwestern Bell Telephone Company has requested this Street Use License to construct a ramp for the handicapped, plus some landscaping. The fee would be a lump sum of $200 for 20 years. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass said resolution authorizing the Street Use License. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 79-38-99-163 Ordinance No. 7808 (34) Amendment to Ordinance No. 7049, whereby the size of the Community Service Commission be reduced from 18 members (6 public officials 6 representatives of private groups, and 6 elected representatives of the poor) to 15 members (5-5-5). M Es 8 1979 79-38-100-I64 (35) DGV:hw ORDINANCE NO. 7808 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE XII, ENTITLED "COMMUNITY SERVICES"; PROVIDING FOR THE DESIGNATION OF THE CITY COUNCIL AS THE GOVERNING BOARD; PROVIDING FOR THE POWERS RETAINED BY THE GOVERNING BOARD; PROVIDING FOR THE ESTABLISHMENT OF A COMMUNITY SERVICES DEPARTMENT; PROVIDING FOR A DIRECTOR, PERSONNEL AND FUNCTIONS OF SUCH DEPARTMENT; PROVIDING FOR AN ADMINISTRATIVE BOARD TO BE ENTITLED "COMMUNITY SERVICES COMMISSION"; PROVIDING FOR THE COMPOSITION, APPOINTMENT, ELECTION, TERMS OF OFFICE AND FUNCTIONS OF SUCH COMMISSION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 11 1 Through,a recent Community Services Administration notice, the Community Services Commission was informed that the minimum number of commission members allowed had been reduced from 18 to 15. At their last regular meeting on January 23, 1979, the Commission unanimously voted to request that the City Council allow the reduction to 15 members; that 15 would be a more workable number and thus also make it less difficult to obtain a quorum; that the composition would consist of 5 members from the public sector, 5 members from the private sector, and 5 elected members representing the poor. Motion was made by Councilman Aderton, seconded by Mayor Pro Tem. Henry to pass said ordinance on first reading. Before balloting, the Council queried as to the method recommended for implementing the reduction, to which the City Manager replied that one from each classification whose term next expired could be eliminated, or, in the alternative, should a member have excessive absenteeism and be a noncontributory member of the Commission at this time, that position could be reduced prior to expiration of term. They proceeded with the balloting at this point. Motion carried: Mayor West, Mayor Pro Tem. Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. Resolution No. 64 Resolution No. 65 Resolutions authorizing the Mayor to execute a Master Agreement and a Direct Payment Agreement with Aetna Insurance Company covering feferred Compensation RESOLUTION No. 64 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I. 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 to Pay Benefits Directly to Participants between AETNA VARIABLE ANNUITY LIFE INSURANCE COMPANY and 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 8th day ofFebruary ,19 /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s / Evelyn Gaf Aga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s Sterling K. Miller Sterling Miller, Director of Finance Administration APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr. City Attorney t o�l FEB g 1975 STATE OF TEXAS $ COUNTY OF LUBBOCK $ AGREEMENT TO PAY BENEFITS DIRECTLY TO PARTICIPANTS This contract made this the 8th day of February 1979, by and between the CITY OF LUBBOCK, hereinafter referred to as CITY and AETNA VARIABLE ANNUITY LIFE INSURANCE COMPANY, hereinafter referred to as AETNA, witnesseth: WHEREAS the CITY is the contract owner of Group Variable Annuity Contract Number K606 issued by AETNA; and WHEREAS CITY is desirous of having AETNA pay contract benefits directly to participants; and WHEREAS AETNA is agreeable to make direct payments to the participants under Group Variable Annuity Contract Number K606; NOW THEREFORE, the parties hereto for and in consideration of the mutual promises contained herein agree as follows: 1. That any contract benefits calculated on behalf of any participant in the aforementioned contract or any premium payment not applied to said contract be paid directly to such participant, as directed, unless otherwise specifically directed by the CITY. 2. It is understood by the parties hereto that AETNA's agreement to pay benefits directly under the aforementioned contract shall in no way interfere with the CITY's ownership rights under the aforementioned contract. 3. This authorization, for AETNA, to pay benefits direct to participants under the aforementioned contract does not constitute a designation of AETNA as an employeer, agent, Code of 1954. Nor does this authorization identify AETNA as responsible for any employer withholding obligations or any obligation under Subtitle C of the Internal Revenue Code or the performance thereof. Any withholding or other employer obligations remain with the CITY. 4. This agreement may be terminated by either party thereto on thirty (30) days written notice. CITY OF LUBBOCK Approved as,.to form: Contract owner /_s/ John C. Ross, Jr. John C. Ross, Jr., City Att. By: /s/ Dirk West Dated: Februarx 8 1979 Accepted and agreed to: AETNA VARIABLE ANNUITY LIFE INSURANCE COMPANY By: Dated: RESOLUTION No. 65 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 Master Application to AETNA VARIABLE ANNUITY LIFE INSURANCE COMPANY for a Group Contract with the CITY OF LUBBOCK for the Deferred Compensation Plan, 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 8th day of February,1979. I l_s/ Dirk West DIRK WEST, MAYOR 102 E $ 8 1979 ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Is_I John_ C. Ross, Jr. John C. Ross, Jr., City Attorney APPROVED AS TO CONTENT: /s/ Sterling K. Miller _ Sterling Miller, Director of Finance Administration NOTE: Master Application filed with Resolution No. 65 entitle, Master Application with Aetna Variable Annuity Ins. Col - Deferred Comp. Aetna Variable Annuity Life Insurance Company has advised the City that the Federal Government has now imposed limitations as to the amount of money that a participant may invest in such a plan in any one year. Regulations provide that a participant may invest $7,500 or 33 1/3% of his compensation, whichever is the lessor amount. The change in these regulations necessitates an amendment to our existing plan. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass Resolutions 64 and 65. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 79-38-102-165 Ordinance No. 7809 (36) Ordinance amending Ordinance No. 7674 regarding a Deferred Compensation Plan for City of Lubbock employees. ORDINANCE NO. 7809 AN ORDINANCE AMENDING ORDINANCE NO. 7674 OF THE CITY OF LUBBOCK TO SET OUT THE PARTICULARS OF THE ESTABLISHMENT OF A DEFERRED COMPENSATION PLAN FOR CITY OF LUBBOCK EMPLOYEES. The referenced ordinance relates to the above Resolutions - 64 and 65. It is recommended that this program be administered by a committee appointed by the City Manager and that said committee should be charged with administrIation of this plan. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 79-38-102-166 The continuation of Industrial Gas Rate Hearin (37) City Attorney John Ross indicated that we had proceeded on several hearings on the industrial gas rate case; that we were at the point in the hearings where Mr. Looney, Rate Analyst, had given evidence and testimony to the City Council, sitting as the regulatory body; that the Pioneer Natural Gas Co. had not exercised their constitutional right to cross-examination before Mr. Looney's untimely passing. Therefore, there resulted a constitutional problem. Mr. Ross then suggested the following options that could be taken: 1. Dismiss the hearing and start all over again, which would require the City to retain new experts to take new investigation, probably working with a new test year; 2. Try to enter into some type of agreement to hire new experts at this point and continue with the existing hearing; however, that would still entail the new experts going through the books and satisfying themselves that they could answer any questions and present evidence that they feel they could stand on; 3. If the Gas Company is willing at this point in time to sit down, based on the evidence that has been presented, and would consent to negotiating on a contract basis for all members of this class - we may be able to conclude a contractual rate base, as opposed to a rate base ordered by the regulatory authority in a shorter period of time at less cost to tax payers, and to the company. 103 Mr. M. D. Lagrone, Vice President for PNG, stated that he did not want to go through another industrial case like that of last year's; that it was time consuming and expensive. Mr. Lagrone stated that they wer agreeable to negotiate and felt that the third option, suggested by Mr. Ross, would be a better solution. The motion was made by Councilman McAlister, seconded by Councilman Aderton that the previous case be dismissed and to establish negotiations with Pioneer Gas to see if the industrial rate can be resolved. Motion carried: Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent; Mayor West abstaining. (A complete transcript of this discussion and action is on file in the City Secretary's Office). 79-38-103-167 Claims against the City (38) ._ A. Claim No. 78-C-275 -- Mrs. L. H. Kirby, Claimant Upon recommendation of the Assistant City Attorney Worth Fullingim, the motion was made by Councilman Aderton, seconded by Councilman McAlister to allow this claim in the sum of $2,718.68 for water damages to claimant's home. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. B. Claim No. 78-C-259 -- Mrs. Kenneth Pharr, Claimant Upon the recommendation of Assistant City Attorney Worth Fullingim, the motion was made by Councilman McAlister, seconded by Councilman Aderton to deny referenced claim. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 79-38-103-168 Bid #5199 to furnish and install conduit (Traffic Engineering). (39) Low Bidder The Gilbert and Spencer Company, Lubbock 79-38-103-169 Bid #5200 for miscellaneous valves and fire hydrants (Warehouse Stock) (40) _ Items 1,2,3,4,5,6,9-15, incl. M. B. McKee Company, Lubbock 79-38-103--170 (41) 79-38-103-171 (42) 79-38-103-172 (43) 79-38-103-173 (45) Items 7,8 Southwest Meter & Supply Company, Marshall, Texas Bid #5202 for miscellaneous water fittings__(Warehouse Stock) Items 1-9, incl. Jim Lane Company, Lubbock Bid #5203 for sign blanks and brackets (Warehouse Stock) Items 1-7 , incl. Bid #5213 for riot guns (Police Dept.) Hall Signs, Inc., Bloomington, Indiana (Director of Purchasing, Floyd Nesbitt, commented that these were the regular shotgun -type equipment the Police Department is now using.) Low Bidder Bailey's House of Guns, Houston Motion was made by Councilman McAlister, seconded by Councilman Aderton to approve the above referenced bids. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. Bid #5212 for microfilm equipment (Microfilm Dept.) (REVENUE SHARING FUNDS) The Director of Purchasing, Floyd Nesbitt, indicated there was a bid tie on Item No. 1 - Microfilm Jacket Reader - which would require a drawing. Councilman McAlister drew the name of Eastman Kodak Company, Dallas, as receiving the bid of this item. Items 1-4, Incl. Eastman Kodak Company, Dallas Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to approve referenced bid. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 104 E B 8 1979 79-38-104-174 Bid # 5142 for paving west 1/2 of Indiana Avenue, 95th Street to 103rd (46) Street (Engineering Dept.) (REVENUE SHARING DEPT.) 79-38-104-175 An appropriation ordinance from Street Improvement Fund for paving (47) improvements on Indiana Avenue from 95th Street to 103rd Street The above referenced appropriation ordinance is related to Bid No. 5142 (above) and is from Street Capital Improvement Fund in the amount of $136,919.62. The property owner's cost is $81,013.35; the City's cost is $36,920.42; and pre -paid amount is $18, 985.85. The City's portion will come from Revenue Sharing Funds. Appearance: Ken Flagg There are three developers participating in this project. Mr. Flagg's dilemma results from the fact that one of the participants in this project has failed to submit his proportional share for the cost of paving, all monies to be received by the City prior to awarding the bid. The dilemma is further compounded by the fact that: 1. that a request for an extension from the low bidder has already been granted once; 2. that the bid expires on this date (February 8, 1979). Mr. Flagg appeared before the Council to request their consent to a "guarantee" from a local lending institution for the third party's sum which is due; that he was not wanting to request the contractor for another extension; that the other members of the development team were unwilling to put up the money for the third party for some reason; and in the alternative he was requesting the Council to approve awarding the bid under the terms of "guarantee". The City Attorney John Ross indicated that this would not be appropriate or in keeping with the City Policy and suggested possibly a cashier's check could be submitted by the third party to be held until the appropriate time as stated by the third party; that an additional extension could be requested from the contractor; or that Mr. Flagg submit to the Council an unconditional letter of credit on behalf of the third party or the other two members of the development team. After much discussion, by consensus the Council agreed to table the matter until after lunch to allow Mr. Flagg time to obtained either a cashier's check, an unconditional letter of credit, or the two remaining members of the development team put up the money on behalf of the third party. At midafternoon, Mr. Flagg again reappeared before the Council and indicated that the three recommendations indicated above did not seem feasible or acceptable to the two members of the development team, and they had decide to negotiate with the third party regarding this matter and those legal papers were not in proper form and ask that the matter be continued to the February 22, 1979, regular Council meeting; that he would again ask the contractor (Kerr Construction Company) for an additional extension of two weeks. 79-38-104-176 Bid #5120 for steel transmission poles (Electric Distribution (48) Low Bidder Bruce Lake Company, Coastesville, Pennsylvania Motion was made by Councilman McAlister, seconded by Councilman Aderton to approve referenced bid. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 79-38-104-177 Ordinance No. 7810 (49) Appropriation ordinance from Electric Bond Fund for Bid No. 5120 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: ELECTRIC LIGHT AND POWER BOND FUND The sum $378,402.00 For the following purpose: Steel poles for transmission line from Co-op substation to Holly Plant as per Bid No. 5120. L C L AND IT IS SO ORDERED Passed by the Council on first reading this 8th day of February, 1979. Passed by the Council on second reading this day of , 19 ATTEST: CITY SECRETARY -TREASURER Approved as to form: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney MAYOR VERIFIED BY:/s/ Sterling K._Miller FINANCE OFFICER APPROVED BY: /s/ Bill Wood HEAD OF DEPT. DEPT. This appropriation ordinance is from Electric Light and Power Bond Fund in the amount of $378,402.00. These funds will be used to purchase the steel poles for the transmission line from Co-op Substation to Holly Plant, and is related to Bid No. 5120, approved above. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 79-38-105-178 Consider the appointment of one member to the City Health Board. Dr. (50) Morris Barrie ton's term expires 2-21-79. 79-38-105-179 Consider the a220intment of one member to the Civil Service Commission. (51) Mr. Jorge Moreno.'s term expired 1/29/79. 79-38-105-180 Consider appointment of three members to the Zoning Board of Adjustment. (52) The terms of David Hester Samm 0. Ribble and Dr. Jim Mertes will expire 2 2b 79. 79-38-105-181 Consider appointments of the 1979 Tax Equalization Board representing (53) the City. 79-38-105-182 Consider one a220intment to the Housin Authorit Board. Mr. Sam (54) Reyes declined his appointment of January 25., 1979. By consensus the Council agreed to take no action with respect to the above appointments, inasmuch as Councilwoman Jordan was absent. These matters will be considered in the next regular Council meeting, February 22, 1979. There being no further business to come before the Council, the meeting was adjourned at 1:30 p.m. YOR ATTEST: City Secret y-Treasur READ AND APPROVED- THIS• THE ATTEST: Ci y Secreta -Treasurer 22nd DAY OF FEBRUARY 1979.