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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/8/1979142 REGULAR CITY COUNCIL MEETING MARCH 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, Councilwoman Carolyn Jordan, Councilman Bill McAlister, Councilman M. J. Aderton, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., City Secretary -Treasurer Evelyn Ga£fga. Absent: None 79-38-142-257 The invocation was given by Councilman Bill McAlister. (1) 79-38--142-258 The Pledge of Allegiance to the Flag was given in unison by those (2) present in the Council Chambers. 79-38-142-259 Approval of Minutes - Regular Meeting, February 22, 1979 Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to approve said minutes. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from the Council Chambers. 79-38-142-260 Citizen Ap2earances (4) Board Appointments Dr. John Brown, City Health Board Louis Trejo, Civil Service Commission Bill Maloy, Zoning Board of Adjustment Al Caviel, Housing Authority Board Roger Battistoni, Board of Electrical Examiners 79-38-142-261 Certificate of Appreciation (5) Mayor Dirk West presented to the American State Bank a Certificate of Appreciation for their making available to the Police Department facilities located at 13th and Avenue Q as a practice site. Mr. Ken McEachern received the Certificate for the Bank. 79-38-142-262 Proclamations (6) "Free Enterprise Week" - March 25-31, 1979 Receiving: Bryan Campbell "National Poison Prevention Week" - March 18-24, 1979 Receiving: James Cave, Director of Pharmacy -Methodist Hospital "Rock 'n Roll Jamboree Day at Skyview Nursing Home" Receiving: Wanda Barkley "Red Raider Basketball Day" - March 8, 1979 Receiving: Gerald Myers 79-38-142-263 Mrs. Joan Baker's appearance to present recommendation of the Civic (7) Centers Board regarding additional dressing _rooms in the Municipal Coliseum. Texas Tech University contacted members of the Civic Centers Board asking that consideration be given toward the City's participation in the construction of two additional dressing rooms in the Municipal Coliseum; that the estimated cost by Tech would be $85,000; that the dressing rooms are needed for women's athletic program; that the Civic Centers Board voted to recommend to the Council that the City of Lubbock enter into a joint agreement with Texas Tech for construction of two additional dressing rooms in the coliseum with the following provisions: 1. The City of Lubbock would contribute $15,000 toward the construction cost and Texas Tech would fund the balance. 2. These improvements would become property of the City of Lubbock and would be available for use for any lessor of the facility. 3. Plans and specifications for these improvements would be subject to approval by the City of Lubbock. The City's portion would be approximately $15,000 to be paid out of funds donated by Civic Lubbock, Inc. from concession profits. Mrs. Joan Baker appeared before the Council with an elevation reflecting the area in which the dressing rooms would be constructed - the south end. 79-38-143-265 (9) 79-38-143-266 (10) R" Mrs. Baker, on behalf of Civic Centers Board and Civic Lubbock, Inc., made the following recommendation: That the City of Lubbock and Texas Tech University enter into a contract to construct two additional dressing rooms to be located at the south end, the cost of which to be borne by Texas Tech University, except for $15,000 to be funded by Civic Lubbock, Inc., with the City Council's approval, said $15,000 to be funded from concession profits; the title to same be in the name of City of Lubbock; with the understanding that Dottie Townsend and Joan Baker have final approval of the architect's plans; and that the City will have access to use the dressing rooms at all times. Some of the advantages to the recommendation, as proposed by Mrs. Baker, is that this improvement which is necessary for women's athletic program can be attained at small cost to the City, as well as enhance the women's athletic program. Discussion ensued by members of the Council with respect to matters of liability, the source of the estimated cost, who was to assume the responsibility of construction, and if the estimated cost would be lower, would it be possible for the City's portion to be less than $15,000. Following discussion, the motion was made by Councilman McAlister, seconded by Councilman Aderton to accept the recommendation of the Civic Centers Board. Mayor Pro Tem Henry requested to amend the motion to reflect that the City's portion be $15,000 as a maximum, or in the alternative, should the estimated cost be less that $85,000, that the City's portion would be 18% of the total construction cost. Councilman McAlister and Aderton consented it to the amendment. Motion carried: Mayor West, Mayor Pro Tem. Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7818 An ordinance regarding curb and gutter improvements (Slide Road from Loop 289 to 82nd Street). AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF SLIDE ROAD FROM SOUTH LOOP 289 TO 82ND STREET, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second reading. Motion carried: Mayor West, Mayor Pro Tem. Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (This Ordinance will appear for third and final reading on the April 12, 1979, agenda.) Ordinance No. 7814 Zoning Hearing on Zone_ Case No. 1542-E - Request of C. Clayton Yeager (for Furr's, Inc.) to change a tract of land out of Section 10, Block E-2 City of Lubbock Lubbock County,Texas to change conditions of Ordinance #5486, to change 100 foot setback to 43 foot setbacks, to delete the fencing condition on 74th Street and to allow access on 74th Street (located north of 74th Street and west of Quaker Avenue subject to the following condition: that it be tied to the site plan. LGB:hw ORDINANCE NO. 7814 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 5486 OF THE CITY OF LUBBOCK: ZONE CASE NO. 1542-E, CHANGING THE CONDITIONS ON A TRACT OF LAND OUT OF SECTION 10, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND AMENDING THE SITE PLAN MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUB- LICATION. Ordinance No. 7815 Zoning Hearing on Zone Case No. 2220 - Request of Harland D. Weaver for a Specific Use Zone Change from "M-1" to "M-1. Specific Use Permit" under provisions of Section 22.3-18 of the Zoning Ordinance, for extraction of caliche on a tract of land out of Section 77, Block A, City of Lubbock, Lubbock County, Texas (located north of East Fordham Street and east of North Birch Avenue). LGB:hw ORDINANCE NO. 7815 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 2220; CHANGE A TRACT OF LAND OUT OF SECTION 77, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM M-1 TO M-1 SPECIFIC USE PERMIT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. _44 79-38-144--267 (11) 79-38-144-268 (12) 79-38-144-269 (15) Ordinance No. 7816 Zoning Hearing on Zone Case No. 2217 - Request of Robert Messersmith and C. Daniel Uzzle (for Robert L. Dandeneau and William T. Stadley), to chan e a tract of land out of Section 27 Block E-2 City of Lubbock Lubbock County, Texas, from "R-1" to "A-1" Zoning District (located south of 68th Street and east of Albany Avenue) subject to the following ^„A4+-4- On the first tract of land: 1. That the building set -back lines be as shown on the site plan signed by the Mayor on February 22, 1979. 2. That all buildings total to having a 1:.493 floor/area ratio, 3. That the development be limited to 133 units, 4. That the entire plat be recorded at one time, 5. That before building permit is issued, final site plan be approved by the City Council; On the second tract of land: 1. That the permitted use be limited to townhouses. LGB:hw ORDINANCE NO. 7816 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. 2217; CHANGE TWO TRACTS OF LAND OUT OF SECTION 27, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 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. Ordinance No. 7817 An ordinance amending Zoning Ordinance No. 7084 involving tent sales and Christmas tree sales,^ Sections 25.6 -2-9 and 25.6-2-10. An ordinance amending ZoninS Ordinance No. 7084 involving upholstery shops in "C-3" districts Section 17.4-4. An ordinance amending Zoning Ordinance No. 7084 involving the Zoning Board of Adjustment, Section 25. LGB:hw ORDINANCE NO. 7817 AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, BY ADDING NEW SECTIONS PERTAINING TO CHRISTMAS TREE SALES LOTS, SIDEWALK SALES AND TENTS, BY MOVING FURNITURE UPHOLSTERY SHOPS TO THE C-3 ZONING DISTRICT AS A CONDITIONAL USE AND A SPECIFIC USE, AND BY AMENDING AND REPEALING SECTIONS IN SECTION 25 PERTAINING TO THE ZONING BOARD OF ADJUSTMENT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 7813 An a22ropriation ordinance from Street Im rovement Fund for paving improvements on Indiana Avenue from 95th Street to 103rd Street. 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: Street Capital Improvements The sum $136,919.62 For the following purpose: Paving W. side of Indiana Avenue from 95th to 103rd. Property Owner Cost=Prepaid account $ 81,013.35 Prepaid Paving (Raintree, lots 725-870 & "F" 18,985.85 City Cost (Construction Cost from Fed. Rev. Sharing Interest)29,170.25 City Cost (6% Engineering from Federal Revenue Sharing) 7,750.17 Total= $136, 919.62 Ref: G.W.O. 10,975 H! 79--38-145-270 (13) 79-38-145-271 (14) 79-38-145-272 (16) AND IT IS SO ORDERED Passed by the Council on first reading this 22nd day of February Passed by the Council on second reading this 8th day of March ,1979 . ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer /s/ Dirk West Mayor VERIFIED BY: fsf Sterling K. Miller Finance Officer APPROVED BY: Wilford D. Watson Head of Department APPROVED AS TO FORM: /s/ John C. Ross Jr. John C. Ross Jr., City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass the above referenced ordinances 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. 7811 An ordinance with respect to fees for discontinuance of water service and reconnect charges. DGV:hw ORDINANCE NO. 7811 AN ORDINANCE AMENDING SECTION 34-23 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, PROVIDING FOR DISCONTINUANCE OF WATER SERVICE FOR FAILURE TO PAY CHARGES; PROVIDING FOR A CHARGE FOR TURNING WATER BACK ON; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 7812 An ordinance with respect to fees for discontinuance of electrical service and reconnect charges. DGV:hw ORDINANCE NO. 7812 AN ORDINANCE AMENDING SECTION 11-5 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, PROVIDING FOR DISCONTINUANCE OF ELECTRIC SERVICE FOR FAILURE TO PAY CHARGES; PROVIDING FOR A RECONNECTION CHARGE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Alan Henry presiding. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass the above referenced ordinances on second and final reading. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. At 10:00 a.m. Mayor West announced that an Executive Session would be held for the purpose of considering land acquisition. This Session is called under the provisions of Sec. 2-f, Art. 6252-17, V.A.T.S. The allocation of $30 000 from the Community Develo ment Contingency Fund for the installation of a traffic signal at 34th Street and Chicago Avenue. On November 16, 1978, the Citizens Traffic Commission recommended to the City Council that a traffic light be installed at 34th and Chicago Avenue. However, no other funds were available; the Council directed the Community Development Office to seek approval for the project under the "Urgent Need" provisions of the Community Development Block Grant Program. Verbal notice from the HUD office recently indicated the request had been approved. The allocation for this project is $30,000. 146 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve referenced allocation. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-146-273 Resolution No. 85 (17) _Resolution authorizing the Mayor to execute an amended fundinpz agreement with the Urban Renewal AgencX of Lubbock. " •••• __._._ LGB:hw RESOLUTION NO. 85 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an amended Funding Agreement between the City of Lubbock, Texas, and Urban Renewal Agency of the City of Lubbock, Texas, 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 March /s/ Disk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Vicki Foster Vicki Foster, C.D. Coordinator APPROVED AS TO FORM: /s/ Leon Bean Leon G. Bean, Asst. City Attorney AMENDED FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK, TEXAS, AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § 1979 ii THIS Agreement made and entered into by and between the CITY OF LUBBOCK, TEXAS, a Homerule Municipal Corporation (hereinafter called "CITY") and the URBAN RENEWAL AGENCY of the City of Lubbock, Texas, (hereinafter called "AGENCY"); WITNESSETH: WHEREAS, the CITY is obligated to do and perform certain services in its ,I undertaking of a Community Development Plan pursuant to the Housing and Develop- ment Act of 1974; and WHEREAS, the AGENCY is a public body corporate and politic created pur- suant to Art. 1269L-3, V.A.C.S., and is transacting business and exercising the powers granted by said law; and WHEREAS, the CITY desired to contract with the AGENCY to provide and do certain activities and services pursuant to the Housing and Community Develop- ment Act of 1974 and the related rules and regulations of the Department of Housing and Urban Development, and said AGENCY is authorized by law and is II willing to carry out such activity; NOW, THEREFORE, the CITY and the AGENCY do hereby mutually agree as follows: f 1.4` s The AGENCY agrees to perform and do such activities as may be necessary to provide the rehabilitation and relocation assistance programs, as well as acquire such real estate as may be deemed necessary as set forth and described in the 1977-1978 Community Development Plan, in such areas of the CITY here- tofore designated as "Community Development Rehabilitation and Redevelopment Areas", which bear specific designations as "Area 6B, Subarea a, Phase I & II, Area 8; Area 18; Area 21B, Subarea a; Area 24, Subarea d" which are on file in the Office of the City Secretary to which reference is here made and by such reference are made a part hereof for all purposes. The named and described areas are included within the Community Development Plan for CITY by specific Urban Renewal Plans duly approved and adopted by the City Council, pursuant to and under the authority of Article 1269L-3, V.A.C.S. Plans for each of the said areas are incorporated within the Community Development Plan and include the objectives, land -use plan, technique for carrying out each plan, pro- cedures for changing any plan, property rehabilitation standards, specific restrictions, boundary descriptions, and acquisition maps for the area shown therein, all adopted by the City Council in accordance with law, all of which are on file in the Office of the City Secretary and the Office of the Executive Director of the URBAN RENEWAL AGENCY and to all of which reference is here made and by such reference all same is made a part hereof for all purposes as though fully copied herein. In regard to rehabilitation assistance only, the AGENCY is authorized to perform such activities in accordance with the recently adopted "Lubbock Re- habilitation Strategy" throughout the entire neighborhood encompassed by an overall renewal plan of which said specified areas are sub -areas and parts thereof. The governing body of the AGENCY, the Agency's Board of Commissioners, shall adopt such policies as may be necessary to guide the AGENCY in the execution of the obligation and activities authorized by this agreement. Such policies shall be adopted after consideration of recommendations made by the Director of Planning of the CITY and the Executive Director of the AGENCY. It is understood and hereby agreed that it shall be the responsibility of the AGENCY to implement the Community Development Plan, under which an Urban Renewal Plan for each of the above areas has been adopted and to this end the AGENCY shall be responsible and obligated to do and provide the following: 1. Rehabilitation. All rehabilitation assistance for both residential and commercial structures, if any, including the administration and processing of no -interest deferred payment loans, the supervision and administration of the rehabilitation work in respect thereto, the administration and processing of Section 312 loans, and the supervision and administration of said rehabili- tation work in respect thereto, will be performed and carried out by the AGENCY within the above designated areas and throughout the entire neighborhood encompassed by an urban renewal plan of which said areas are a sub -area or portion thereof. Further, the AGENCY in accordance with an Agreement with the Federal Government and the City of Lubbock is given the authority to directly approve Section 312 loans and will act in such capacity through properly designated Agency officials. The AGENCY in approving such loans agrees to comply with the policy of the Department of Housing and Urban Development and subject to the availability of funds as determined by that Department and to comply with the regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964 and applicable Executive Orders. 2. Relocation. All relocation assistance programs available to families, individuals and businesses displaced by and through the Community Development Plan of the CITY within the above -designated areas for which Urban Renewal Plans have been adopted will be provided by the AGENCY. Further, the AGENCY will act as the Central Relocation Agency for the CITY OF LUBBOCK, providing such technical services to the CITY as the CITY deems necessary and desirable in connection with relocation assistance to families, individuals and businesses displaced by governmental action of the CITY, within the boundaries of the CITY, including real estate acquisition by the CITY. In this connection, the AGENCY will be reimbursed by the CITY for its administrative and other costs in providing such services and technical assistance. The AGENCY agrees to comply with and will maintain the appropriate HUD - required records proving compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and all applicable regulations, policies and requirements promulgated by the Department of Housing and Urban Development pertaining to the said Act, and the Housing and Community Develop- ment Act of 1874 with respect to relocation assistance and services provided hereunder. 3. Real Estate_ Acquisition. The AGENCY agrees to acquire by purchase, dedication or eminent domain proceedings such properties within the above - designated areas set forth in the Community Development Plan for the CITY as 148 are reasonably necessary to achieve the Urban Renewal objectives within said areas. {II the J The AGENCY agrees to comply with and will maintain the appropriate HUD - required records proving compliance with the Uniform Relocation Assistance aid Real Property Acquisition Policies Act of 1970, and all applicable regulatioAs, policies and requirements promulgated by the Department of Housing and Urban Development pursuant to said Act, and the Housing and Community Development Act of 1974, in the acquisition of properties pursuant to the Community Development Plan of the CITY. 4. Public Improvements. The AGENCY shall make or cause to be made such public improvements within the above -designated Urban Renewal areas as are set forth in the approved budget, and amendments thereto. 5. Non -Discrimination. The AGENCY in the carrying out of the Community Development Plan for the CITY shall not deny benefits of the program to or discriminate against any person on the grounds of race, color, religion, age, sex or national origin. II. The CITY hereby designates and authorizes the AGENCY to carry out all II rehabilitation, relocation assistance, and real estate acquisition set forth' in the Urban Renewal Plans adopted pursuant to the Community Development Plan for the CITY for the year beginning May 30, 1977, and ending May 29, 1978. The CITY agrees to provide funds in the amount of $2,464,560.00 to the AGENCY for the purpose of rendering and performing the services herein agreed upon for rehabilitation, relocation assistance, real estate acquisition, administrative and/or other costs, including public improvements, set out in the Exhibit "A", which is attached hereto and by reference made a part hereof, provided that the CITY's provision of such funds is wholly contingent upon the CITY's receipt of such funds from the Department of Housing and Urban Develop- ment. Amendments to the attached Exhibit "A" which constitute a change in tYe total funding of each area authorized by this funding agreement may be made 14 the AGENCY, which singly or cumulatively constitute a shift of funding of an amount greater than 20% of the amount allocated for each area after approval by the Agency's Board of Commissioners and the City Council. Any amendment of such Exhibit that amounts to less than 20% may be made subject only to approval of the City Manager. It is further agreed and understood that the AGENCY shall submit progress reports as requested throughout the term of this agreement to the City Manager, acting by and through the Director of the Community Development Department of the CITY OF LUBBOCK or other person designated by him. The CITY hereby designates and authorizes the AGENCY to act as the Central Relocation Agency of the CITY OF LUBBOCK and agrees that the AGENCY shall provide technical services and assistance upon its request to families, individuals and businesses displaced by governmental action in the CITY OF LUBBOCK, including Real Estate Acquisition for the term of this agreement. The AGENCY agrees and is hereby bound in the execution of the activities authorized by this agreement by the requirements and provisions as set forth in Exhibit "B" identified as Part II - Terms and Conditions, Funding Agreement Community Development Block Grant Program, consisting of nine (9) pages attached hereto and by this reference is made a part hereof for all intents and purposes. EXECUTED this 8th day of March, 1979. CITY OF LUBBOCK, TEXAS /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer ATTEST: /s/ H.O. Alderson H. 0. Alderson, Secretary APPROVED AS TO CONTENT: /s/ Vicki Foster Vicki Foster, C. D. Coordinator URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS /s/ Betty Anderson Betty Anderson, Chairman APPROVED AS TO FORM: /s/ Leon Bean Leon G. Bean, Asst. City Attorney .1 MM mob 9" The purpose of this amendment to the funding agreement to the Urban Renewal Agency is to reallocate unused Community Development funds from the original budgets approved in the 3rd Year Community Development Program for neighborhood rehabilitation. The Urban Renewal Agency proposes to transfer $247,695 to Area 6BA, Phase 2, in the Arnett Benson Neighborhood; $5,570 will be added to the Butler Heights Area (24D); and $195,389 from the Ruel Martin Area. Mr. Jim Storey, Assistant Director of Urban Renewal Agency, appeared to indicate that the reallocation of the referenced fund results from the fact that it is difficult to pinpoint the exactness of every allocation in rehabilitation projects for the reason that when estimates are made, the Agency does not personally interview every participant in the rehabilitation project to determine their qualifications, and they have many units that do not qualify because there are two -income families in the respective area which precludes their qualifying for rehabilitation projects. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution authorizing the amended funding agreement. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-149-274 Price and conditions for the sale of Parcel 75010-39-180 in the Communi (18) Develomment Third Action Year. This sale is to the congregation of Jehovah's Witnesses, West Spanish Unit, for $240, for the purpose of adding a parking lot to the existing property. This area is in an "R-1" zone and will require Z.B.A. approval before the lot can be used for the purpose mentioned. Motion was made by Councilman McAlister, seconded by Councilman Aderton to approve referenced sale. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-149-275 Resolution No. 86 (19) Resolution approving and adopting e the cost of improvements and amounts to be assessed for 2aving im rovements of the 1979 Assessment Paving Program and directing the City Secretary to publish the Notice of Hearing (Hearing date April 12, 1979). 1979 PAVING RESOLUTION NO.86 RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS, OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADING, LAYING CURB AND GUTTER AND PAVING PORTIONS OF CERTAIN STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND CERTAIN STREETS AND HIGHWAYS, AVENUES AND/OR ALLEYS ALONG THE BOUNDARY OF SAID CITY, FIXING THE TIME AND PLACE FOR A HEARING TO THE OWNERS OF ABUTTING PROPERTY, AND OTHER PERSONS INTERESTED IN SAID PROPERTY AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered that portions of streets, highways, avenues and/or alleys be improved by grading, installing concrete curb and gutter, reinforced concrete five (5) inch thick alley pavement, and street pavement with caliche or asphalt stabilized base and one and onehalf (1') inch Hot Mix, T.H.D., Type C together with incidentals and appurtenances. WHEREAS, the Governing Body of the City of Lubbock has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amounts per front foot to be assessed against abutting property and the owners thereof, and such estimates have been prepared and examined; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: I. Such estimates be and they are hereby adopted and approved. II. NOTICE TO THE OWNERS OF PROPERTY ABUTTING UPON THE HEREINBELOW MENTIONED PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS, AND TO ALL OTHERS AFFECTED: The Governing Body of the City of Lubbock has heretofore ordered that the following portions of streets, highways, avenues and/or alleys in and along the boundary of the said City of Lubbock, Texas, be improved by raising, grading and filling and installing concrete curbs and gutters, reinforced �11 so Om concrete five (5) inch thick alley pavement, and street pavement with calich4� or asphalt stabilized base, one and onehalf (11) inch Hot Mix, T.H.D. Type "C", storm sewer and drains where necessary on streets, highways, avenues and/or alleys, designated below: It is hereby found and determined that the cost of the improvements on such portions of said streets, avenues, highways and/or alleys with the amount or amounts per front foot proposed to be assessed for such improvemen s against the abutting property, the owners thereof, on the portions of said streets, avenues, highways, and/or alleys as follows, to -wit: M .,The following thirty-six (36) foot width streets are known and designated as Unit Number 2234, Sub -Units 80, 81, 82, 83, 84, and 85, the total estimated cost of the improvements is $113,708.35, the estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $4.90; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $10.18 for front abutting property and $6.79 for side abutting property: The estimated cost of each Sub -Unit is as follows: Sub -Unit 80, Wayne Avenue from 58th Street to 59th Street, the estimated cost of Sub -Unit 80 of the Unit 2234 is $7,264.22. Sub -Unit 81, 79th Street from Boston Avenue to Akron Avenue, the estimated cost of Sub -Unit 81 of Unit 2234 is $14,319.15. Sub -Unit 82, 80th Street from Boston Avenue to Akron Avenue, the estimated cost of Sub -Unit 82 of Unit 2234 is $20,395.26. Sub -Unit 83, 79th Street from Akron Avenue to University Avenue, the estimated cost of Sub -Unit 83 of Unit 2234 is $22,359.45. Sub -Unit 84, Toledo Avenue from 65th Street to 66th Street, the estimated cost of Sub -Unit 84 of Unit 2234 is $11,607.93. Sub -Unit 85, Kemper Street from Quaker Avenue to Salem Avenue, the estimated cost of Sub -Unit 85 of Unit 2234 is $37,762.34. The following forty-two (42) foot width street is known and designated as Unit Number 2235, Sub -Unit 14, the total estimated cost of the improvements is $6,341.66, the estimated amount per front foot to be assessed against I the abutting property and the owners thereof for curb and gutter is $4.90; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $8.12 for front abutting property in residential zones, $5.41 for side abutting property in residential zones and $9.63 for abutting business zones: The estimated cost of each Sub -Unit is as follows: Sub -Unit 14, Boston Avenue from 81st Street to 82nd Street the estimated cost of Sub -Unit 14 of Unit 2235 is $6,341.66. The following fifty-two (52) foot width street is known and designated as Unit Number 2236, Sub -Unit 9, the total estimated cost of the improvements is $9,701.78; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $4.90; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $8.55 for front abutting property in residential zones, $5.70 for side abutting property in residential zones and $12.58 for abutting business zones: The estimated cost of each Sub -Unit is as follows: Sub -Unit 9, East 46th Street from Locust Avenue to railroad East of Locust Avenue, the estimated cost of Sub -Unit 9 of Unit 2236 is $9,701.78. The following eighty-six (86) foot width streets are known and designated as Unit Number 2237, Sub -Units 1 and 2, the total estimated cost of the improvements is $1,443,317.19; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $4.90; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $31.90 for front abutting property in residential zones, $21.27 for side abutting property in residential zones and $48.57 for abutting business zones: The estimated cost of each Sub -Unit is as follows: Sub -Unit 1, 82nd Street from Quaker Avenue to Slide Road, the estimated cost of Sub -Unit 1 of Unit 2237 is $793,839.52. Sub -Unit 2, 82nd Street from Memphis Avenue to Quaker Avenue, the estimated cost of Sub -Unit 2 of Unit 2237 is $649,477.67. 1.5 oft MW For the following ten (10) foot wide alleys known and designated as Unit A-460, Sub -Units 68, 69, 70, 71, 72 and 73, the total estimated cost for the improvements is $175,873.16; the estimated amount per front foot to be assessed against the abutting property, other than that used for single family or two family residential purposes, and the owners thereof for the improvements is $12.26; the amount to be assessed against the abutting property used for two family residential purposes and the owners thereof and for property used for single family purposes and the owners thereof is $6.81. The estimated cost of each Sub -Unit is as follows: Sub -Unit 68, East-West alley between 59th Street and 60th Street from Elgin Avenue to Canton Avenue, the estimated cost of Sub -Unit 68 of Unit A-460 is $22,443.25. Sub -Unit 69, East-West alley between 49th Street and 50th Street from Quaker Avenue to Memphis Avenue, the estimated cost of Sub -Unit 69 of Unit A-460 is $69,619.77. Sub -Unit 70, East-West alley between 74th Street and 75th Street from Indiana Avenue to Hartford Avenue, the estimated cost of Sub -Unit 70 of Unit A-460 is $14,158.44. Sub -Unit 71, North -South -East-West alley between Joliet Avenue and Indiana Drive from Indiana Drive to 82nd Street, the estimated cost of Sub -Unit 71 of Unit A-460 is $30,525.22. Sub -Unit 72, East-West alley between 42nd Street and 43rd Street from Hartford Avenue to Indiana Avenue, the estimated cost of Sub -Unit 72 of Unit A-460 is $16,388.72. Sub -Unit 73, North -South and East-West alley between Norwood Avenue and Norfolk Avenue from 68th Drive to Norfolk Avenue, the estimated cost of Sub -Unit 73 of Unit A-460 is $22,737.76. And arrangement for the making and construction of such improvements with pavement of one and one-half (14 inch Hot Mix, T.H.D., Type C, and a six (6) inch compacted caliche base or nine (9) inch asphalt stabilized base in streets, highways and avenues, alleys to be constructed with pavement of five (5) inch reinforced concrete slab has been made and entered into by the City of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against the abutting property, and the owners thereof have been filed with the City, such rolls or statements showing other matters and things, and have been approved and the City Council of said City has fixed a time and place for hearing to the owners of property abutting upon said portions of streets, highways, avenues and/or alleys and to all others affected, at which hearing the amounts to be assessed against the respective parcels of abutting land and the owners thereof for improvements in the units upon which the particular parcels of property abut, the amounts of benefits to the respective parcels of property by means of the improvements in the unit upon which the particular property abuts, the regularity of the proceedings with reference to such improvements, the apportionment of the cost of such improvements, and other matters and things will be determined, and after such hearings assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Council of the City of Lubbock, Texas, in regular City Council Meeting Room in the City Hall in the City of Lubbock, Texas, on the 12th day of April, 1979, at 1:30 p.m. o'clock. The rolls or statements showing the proposed amounts of such assessments are on file in the office of the City Secretary and copies thereof are in the office of the City Engineer of the City of Lubbock and open to inspection of any interested parties at any time, and of all said matters and things all such owners of property, as well as any and others in anywise affected or interested, will take due notice. By order of the City Council of the City of Lubbock, this the 8th day of March, 1979. No notice other than that herein provided for shall be necessary and such notice shall be due and sufficient notice to any and all persons, firms, cor- porations and other parties. That a hearing be given and held by and before the Governing Body of the City of Lubbock, Texas, to all persons owning or claiming any property abutting any part or portion of said streets, highways, avenues and/or alleys described in Section II, of this Resolution, as well as all owning or claiming any interest in any such property. Such hearing shall be given and held on the 12th day of April, 1979, at 1:30 p.m. o'clock on the second floor in the City Hall, City of Lubbock, Texas, and the City Secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the term and provisions of an Act passed at the first called session of the 40th Legislature of the State of Texas and known as Chapter 106 of the Acts of said Legislature which has been adopted as an amendment to and made a part of the Charter of the City of Lubbock, Texas, and as amended by Chapter 176 Acts of the 60th Regular Session of said Legislature. Such notice shall be by advertisement inserted at least three times in a newspaper L52 published in the City of Lubbock, Texas; the first publication shall be made at least twenty-one (21) days before the said hearing; and, additional written notice of the hearing shall be given by depositing in the United States mail, at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owner of the respective properties abutting such highways, avenues, and/or alleys or portions hereof to be improved, as the names of such owners are shown on the then current rendered tax rolls of the City of Lubbock and at the adresses shown, or if the names of such respective owners do not appear on such rendered tax rolls, then addressed to such owners as their names are shown on the current unrendered rolls of the City at the addresses shown thereon. Said notice shall comply with and be in accordance with the terms and provisions of this resolution and said Acts as amended. PASSED AND APPROVED BY UNANIMOUS VOTE OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS, THIS THE 8TH DAY OF MARCH, 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Ga_ffga _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross Jr. John C. Ross, Jr., City Attorney The 1979 Assessment Paving Program will hold a public hearing on April 12, 1979, at 1:30 p.m., as set out in the referenced Resolution. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to approve said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-152-276 Resolution No. 87 (20) Resolution accepting avin im rovements constructed by Kerr Pavers in Whisperwood Addition. RESOLUTION NO. 87 RESOLUTION ACCEPTING INPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Whisperwood Addition, Lots 1-57 and Tract "A", 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 Whisperwood Addition, Lots 1-57 and Tract "A" including the following streets: Slide Road from its intersection with a line 15.00' North of the North Property Line of 2nd Street to its intersection with a line 34.00' South of the North Property Line of 4th Street known and designated as New Subdivision Sub -Unit Number 05 of Unit Number 2025. Zoar Avenue from its intersection with the South Lip Line of 2nd Street to its intersection with the cul-de-sac 30.00' North of the North Property Line of 4th Street known and designated as New Subdivision Sub -Unit Num- ber 06 of Unit Number 2025. York Avenue from its intersection with the cul-de-sac 30.00' North of the North Property Line of 4th Street to its intersection with the South Lip Line of 3rd Boulevard known and designated as New Subdivision Sub - Unit Number 07 of Unit Number 2025. Wayne Avenue from its intersection with the North Raw Edge of 4th Street to its intersection with the South Lip Line of 3rd Boulevard known and designated as New Subdivision Sub -Unit Number 08 of Unit Number 2025. r- I_ L _1.53 40 79-38-153-277 (21) Vicksburg Avenue from its intersection with the cul-de-sac 30.00' North of the North Property Line of 4th Street to its intersection with the South Lip Line of 3rd Boulevard known and designated as New Subdivision Sub -Unit Number 09 of Unit Number 2025. Utica Avenue from its intersection with a line 15.00' North of the North Property Line of 3rd Boulevard to its intersection with the North Raw Edge of 4th Street known and designated as New Subdivision Sub -Unit Num- ber 10 of Unit Number 2025. 2nd Street from its intersection with the East Lip Line of Slide Road to its intersection with a line 15.00' North East of the Northeast Pro- perty Line of 3rd Boulevard known and designated as New Subdivision Sub - Unit Number 11 of Unit Number 2025. 3rd Boulevard from its intersection with the Southeast Lip Line of 2nd Street to its intersection with the West Lip Line of Utica Avenue known and designated as New Subdivision Sub -Unit Number 12 of Unit Number 2025. AND WHEREAS, the construction of the above improvements on the above - mentioned streets was performed 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 accordance 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 abovementioned streets be and the same and 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 8th day of March, 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: Isl John C. Ross Jr. John C. Ross, Jr., City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to accept referenced paving improvements. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 88 Resolution acce2ting water and sewer lines in Furr-Wolf Addition Lot 1, Block 8. RESOLUTION NO. 88 Resolution accepting water and sewer system improvements for Lot 1, Block ** 8, Furr-Wolf Addition. WHEREAS, the developer of Lot 1, Block 8, Furr-Wolf Addition, have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, [54 I 79-38-154-278 (23) WHEREAS, the total utility cost to the developer is $33,030.21 with the improvements constructed by Panhandle Construction Company having a value of $30,849.32 as determined by the unit prices established by said Chapter 34, and $2,180.89 cash paid to the City, with Furr Realty Company, Inc., the developer to receive a refund of $21,270.69 in accordance with Chapter 34 of the Code of the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: `` I. THAT the improvements by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. THAT the refundable cost in the amount of $21,270.69 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after + its passage. L Passed by the City Council on the 8th day of March 1979. /s/ Dirk West ATTEST: DIRK WEST, MAYOR /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr_. John C. Ross, Jr., City Attorney r ti Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to accept referenced water and sewer lines improvement. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 89 Resolution_ authorizing the Mayor to execute a wire _line license between the Santa Fe Railway Company and the City of Lubbock for _a traffic signal cable crossing at MP 3 + 1345 feet at Lubbock Texas. RESOLUTION NO. 89 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor is hereby authorized and directed to execute for and on behalf of the City of Lubbock, (as Licensee) a License Agreement of an electric lines for Signal Cable from the Atchison, Topeka and Santa Fe Railway Company, a copy is annexed hereto and made a part hereof. Passed by the City Council this 8th day of March , 1979. I /s/ Dirk West � h DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT:- /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney NOTE: Original Agreement filed with original Resolution No. 89 entitled: "A License Agreement of an electric line for Signal Cable from the Atchison, Topeka & Santa Fe Railway Company" 155 79-38-155-279 (24) 79-38-155-280 (25) 79-38-155-281 (26) This crossing license is located at 19th Street and U.S. Highway 62. This license is needed in order for us to provide a traffic signal in that location. The proposed fee is $150. Motion was made by Councilman Aderton, 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 No. 90 DGV:hw RESOLUTION NO. 90 for construction BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK a CONTRACT BETWEEN THE CITY OF LUBBOCK AND ED LAMPE BUILDING CONTRACTORS, INC., for the construction of a fire station for the City of Lubbock at 79th Street and Slide Road, 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 March , 1979. ATTEST: /s/ Dirk West DIRK WEST, MAYOR /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney NOTE: Original Contract filed with original Resolution No. 90 entitled: "Contract between City and Ed Lampe Building Contractors (fire station at 79th St.)" Bid No. 5214 for this project was approved on February 22, 1979. The resolution authorizes the Mayor to execute the appropriate contract. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7821 An ordinance amending regulation on oil and gas drilling (emergency measure) . - - - - - DGV:hw ORDINANCE NO. 7821 AN ORDINANCE AMENDING CHAPTER 19A OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 19A-13 REGARDING SLUSH PITS; REQUIRING TYPES; REMOVAL; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. The proposed ordinance amendment will allow the use of earthen slush pits for oil and gas drilling. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on an emergency measure. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 91 Resolution authorizing the Mayor to execute an oil and gas drilling permit. DGV:hw RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 156 THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute and issue for and on behalf of the City of Lubbock an Oil and Gas Drilling Permit to Tamarack Petroleum Company, Inc., attached herewith and which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of ATTEST: March /s/ Dirk West DIRK WEST, MAYOR /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK OIL AND GAS DRILLING PERMIT 1979. KNOW ALL MEN BY THESE PRESENTS: § Permission is hereby granted by the City of Lubbock as approved by the City Council for the drilling of an oil and gas well to be located on the site indicated in the application which is attached hereto. This Permit is granted to Tamarack Petroleum Company, Inc. This Permit is issued with the understanding that Chapter 19A, as amended, of the Code of Ordinances of the City of Lubbock shall be complied with and this Permit is continued upon such compliance. Earthen slush pits complying with the requirements of said Chapter may be used. This Permit is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue. The bond and insurance as required by Chapter 19A of the Code of Ordinances shall be submitted to the City Secretary before any drilling as authorized by this Permit shall be started. GRANTED this 8th day of March , 1979. �I CITY OF LUBBOCK /s/ Dirk West DIRK WEST, MAYOR , PERMITTEE TAMARACK PETROLEUM COMPANY, INC. Tamarack Petroleum Company, Inc. has requested an oil and gas drilling permit 3/4 miles east of Guava Avenue and northeast of Loop 289; and have requested permission to use an earthen slush pit rather than the steel. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-156-282 Ordinance No. 7822 (27) An ordinance amendi the franchise of Pioneer Natural Gas Co. as contained in Ordinance No. 5215 of the City of Lubbock. (Mayor Pro Tem Henry presiding) DGV:hw ORDINANCE NO.7822 AN ORDINANCE AMENDING THE FRANCHISE OF PIONEER NATURAL GAS COMPANY AS CONTAINED IN ORDINANCE NO. 5215 OF THE CITY OF LUBBOCK AS HERETOFORE AMENDED, TO MODIFY THE OBLIGATION OF SAID PIONEER NATURAL GAS COMPANY TO EXTEND MAIN LINES TO SERVE NEW CONSUMERS WHO USE NATURAL GAS WITHIN THE CITY OF LUBBOCK; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE FOR THIS ORDINANCE. The proposed change in distance that Pioneer must extend their gas mains requires a change in their franchise with the City of Lubbock. The process for changing a franchise as set out in the Charter requires that the proposed ordinance be published in a local newspaper once 151 a week for three consecutive weeks. The greatest effect would be on the older subdivisions where lot size may be larger than 75' and where gas lines have not been extended, and the cost would be borne by the consumer. Currently, new developers of subdivisions put up a large deposit equal to the total cost of service to the subdivision, and are reimbursed by Pioneer as the subdivision develops. The method of reimbursement is specified in the contract signed by Pioneer. The initial effect on the developer will be that he will get reimbursed at a slower rate because of a 150' extension. Other possible effects could result in smaller subdivisions and fewer electric homes. Councilwoman Jordan suggested that members of the Building Trade, i.e. developers, realtors, builders, receive a copy of the proposed ordinance requesting their comments and viewpoints on the matter. City Attorney John Ross recommended that a public hearing be held prior to consideration of the ordinance on second reading to assist in the Council's evaluation. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on first reading; that a public hearing be held prior to second reading consideration to allow members of the Building Trade and related areas to express their comments and viewpoints; that said hearing be held at 11:00 a.m. on April 12, 1979, following the appropriate publication requirement; and that the City Manager's Office send to the various associations referenced above a copy of the proposed ordinance for their consideration. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. 79-38-157-283 Ordinance No. 7820 (28) An ordinance amending Ordinance No. 6403 expanding the Water Resources Board to 15 members (emergency measure). JCR:cl ORDINANCE NO. 7820 AN ORDINANCE AMENDING CHAPTER 34, ENTITLED "WATER RESOURCES, SEWERS AND SEWAGE DISPOSAL", OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, BY AMENDING SECTION 34-2 THEREOF ESTABLISHING A WATER RESOURCE BOARD; AND PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. At the February 22, 1979 Regular Council Meeting, Council asked that the Water Resources Board be expanded to 15 members in order to begin work on the Justiceburg Project. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on an emergency measure. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-157-284 Resolution No. 92 (29) An agreement between the City Health Department and Methodist Hospital School of Nursing for use of City Health Department facilities. I'll D 81ffilNliWN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK an AGREEMENT BETWEEN METHODIST HOSPITAL AND THE CITY OF LUBBOCK FOR USE OF CITY HEALTH DEPARTMENT FACILITIES BY METHODIST HOSPITAL SCHOOL OF NURSING STUDENTS, 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 March 91979. /sl Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /sl John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Original Agreement filed with Original Resolution No. 92, entitled "AGREEMENT BETWEEN METHODIST HOSPITAL AND CITY OF LUBBOCK". APPROVED AS TO CONTENT: /s/ Denzel Percifull 158 The Health Department and the Methodist Hospital have had an informal arrangement for some time whereby the Health Department allows the student nurses to participate in various public health clinics as a part of their training. This has been very beneficial both to the student nurses and to the Health Department. A formal agreement is now needed for the purpose of liability insurance. Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-158-285 Resolution No. 93 (30) A resolution authorizing the Ma or to sign a contract for architectural services for branch-librarl and Senior Citizens meeting room. LGB:cl 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 31 directed to execute for and on behalf of the City of Lubbock an agreement fort architectural services between the City of Lubbock and BGR-Architects-Engineers, 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 Iof this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of March ,1979 /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Ga_ffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Lawrence Banks Lawrence Banks, Community Facilities APPROVED AS TO FORM: /s/ Leon G. Bean Leon G. Bean, Assistant City Attorney *NOTE: Original Agreement filed with Original Resolution No. 93. In December, 1978 City Council authorized the staff to proceed with obtaining proposals from various architectural firms for the purpose of designing a branch library with a senior citizens activity area i to be built on the west side of Leroy Elmore Park. Their project is to be financed by Revenue Sharing and Community Development funds. Eleven proposals were received, to -wit: Charles Freeburg Associates Howard Schmidt and Associates Atcheson, Cartwright and Associates BGR--Architects-Engineers Robert Messersmith and Associates Roberts-Johnson/Stiles and Stiles Fraser, Tanner and McLain Tisdel and Adling Bill Cantrell Planners McMurtry and Craig Bob Ford and Ron Beard An architect selection committee composed of Jim Blagg, Jim Bertram, Sam Wahl, Jim Weston and Bill Stewart reviewed the written proposals, rated each according to the firm's personnel qualifications, experience of the firm and their approach to designing and developing plans and specifications for the building. (A copy of the "Outline for Rating Library Architects" is on file in the City Secretary's Office, attached to this resolution.) Because of the location of the proposed new library, considerable weight was given to the engineering capabilities of the various firms. The 159 MAP three firms chosen to be the best qualified for this particular project are: 1. BGR (Brasher, Goyette and Rapier) 2. McMurtry and Craig 3. Atcheson, Cartwright and Associates BGR agreed to do this work for $32,000 and the committee felt this amount was reasonable. Mr. Jim Weston,:Director of Community Facilities, appeared before the Council to distribute the form used in weighing and evaluating the proposals; that BGR was felt to be the most suitable architectural firm for the reason that they have in-house engineering capabilities applicable to this project; that the particular location presents unusual engineering problems affecting foundation construction, water area, cut and fill deter- minations, etc.; that the firm of McMurtry and Craig indicated that they would need to secure outside consulting engineering services. Query from the Council reflected that at one time a rotation system was utilized in selecting various firms to perform various services, and whether or not it would be applicable here, to which the response was made that Revenue Sharing funds preclude useage of a rotation method. Query was also directed as to whether or not the architectural plans would have multi -use capabilities in the event additional construction would ever be contemplated, to which the response was that due to the unique engineering problems related to the site location, these plans may or may not be suitable for another location. Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to pass said resolution authorizing the Mayor to sign a contract with BGR for architectural services. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilman McAlister voting Yea; none voting Nay; Councilman Aderton abstaining. 79-38-159-286 Resolution No. 94 (31) Resolution authorizing the Mayor to sign concession agreement with B & M Vending Co. LGB:hw 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 Vending Concession Agreement between the City of Lubbock and B & M Vending 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 22ndday of March 11979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Lawrence Banks Lawrence Banks, Community Facilities APPROVED AS TO FORM: /s/ Leon Bean Leon G. Bean, Asst. City Attorney 160 �r►r�eca�►:ar��� VENDING CONCESSION AGREEMENT This agreement made and entered into, this 8th day of March, 1979, by and between B&M Vending Company, hereinafter referred to as "B&M" and the City of Lubbock, Texas, a Home Rule Municipality, hereinafter referred to as "City"; WITNESSETH: That City as Lessor desires to lease its concession rights for the sale of swimming pool accessories and refreshments at the following swimming pools: Mae Simmons 24th and Weber George Woods North ,Zenith and East Erskine Rodgers Amherst and Gary Avenues Maxey 30th and Nashville K. N. Clapp 46th and Avenue U That B&M desires to be Lessee of such concession rights, wherefore City and B&M hereby agree that City shall be Lessor and B&M Lessee of said concession rights, subject to the following terms and conditions: I. Consideration. Lessee shall pay to Lessor, as consideration, 25 percent of its gross sales from such concession operation for each month of swimming pool operation during the agreement term. Payment is due and payable to the City of Lubbock at the office of the Director of the Parks and Recreation Department on the loth of each month immediately following any month the swimming pools are in operation. II. Agreement Term. This agreement shall commence April 1, 1979, and terminate March 31, 1982. III. Conditions. This agreement is further conditioned on the following: 1. City will furnish water & electricity. 2. If vending machines are used, the City reserves the right to approve their location. 3. If extra electrical outlets or waterlines are needed, they will be at the expense of the Lessee. 4. City reserves the right to approve any building alter- ations, and any alterations approved will be at the expense of Lessee. 5. No bottle drinks will be permitted --either from vending machines or over-the-counter concession. 6. Sale of Chewing Gum will not be permitted. 7. The Lessee binds and obligates himself to comply with all rules and regulations of the City of Lubbock Park and Recreation Board, and all Ordinances of the City of Lubbock and laws of the State of Texas, and that a vio- lation of the rules of the Park & Recreation Board of the City of Lubbock or any State law shall immediately be asked to remove his equipment from building or pre- mises, and his lease with the City be voided. 8. The Lessee binds and obligates himself to operate vending machines or over-the-counter concession on and according to the same schedule as the swimming pool is operated, which is at the present time 1:00 p.m. to 7:00 p.m., seven days per week, which are subject to change. 9. Lessee binds and obligates himself to indemnify and forever hold harmless Lessor (City) against each and every claim, demand or cause of action that may be made, or come against it by any person or persons by reason of, or in neglect act on the part of Lessee or any of his agents, servants or employees, in or about the leased premises. 10. The lease agreement is not transferable. 11. The City of Lubbock reserves the right to approve the type of items for sale. 161 ■ 12. The Lessee must at all times keep his machines or con- cession well stocked and in excellent working conditions. 13. The City reserves the right to check or have checked the Lessee books, also enter, building for inspections. Witness our signatures this 22nd day of March 1979. ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Jim Weston Director, Community Facilities APPROVED AS TO FORM: CITY OF LUBBOCK /a/ Dirk West DIRK WEST, MAYOR B & M VENDING COMPANY By: /s/ Gene Roberts /s/ Leon Bean Gene Roberts Asst. City Attorney General Manager On February 1978, B & M Vending Company was awarded the bid for operating the concessions at all five City of Lubbock swimming pools for a 5-year period beginning April 1, 1978. The B & M's bid was the only one received and provided for payment to the City of 33.5% of gross sales. B & M Vending are now asking that the commission must be reduced from 33.5% to 25% for the balance of the 5-year period in order for the company to realize a fair margin of profit because of increasing cost for labor and goods. After speculation and discussion as to the basis for the vendor's request, the Council requested Floyd Nesbitt, Director of Purchasing, to contact the L.I.S.D. to ascertain the percentage of gross sales they pay with the same vendor; subsequently Mr. Nesbitt's response was the L.I.S.D. pays 28.1% of gross sales. Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister that the Director of Purchasing contact B & M Vending Company and negotiate with them a percentage of gross sales to range from 28% to 30% with the understanding that a new agreement would be entered into which incorporates a hold harmless clause as well as reflecting that further adjustments in the percentage for this five-year period would not be considered; and that the matter be placed on the March 22 Agenda for disposition. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-161-287 Resolution No. 95 32) A resolution authorizing the Mayor to execute a release of lien on Lot 4 Block 25 Carter Coffey Addition. LGB:cl 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 Mechanics Lien Release against certain real property described as Lot 4, Block 25, Carter Coffey Addition to the City of Lubbock, Lubbock County, Texas, between the CITY OF LUBBOCK and RUBY GOBLE, 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 March ,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga, Evelyn Gaffga, City Secretary -Treasurer 162 APPROVED AS TO CONTENT: /s/ Charles Northin ton Charles Northington, Chief Accountant APPROVED AS TO FORM: /s/ Leon Bean Leon Bean, Assistant City Attorney *NOTE: Original Mechanics Lien Release filed with Original Resolution #95. This is a release of a sewer lien for Lot 4, Block 25 of Carter -Coffey Addition located at 112 East Rice Avenue; the contract for $110.65 being paid in full April 30, 1964, a release being prepared and mailed, but never filed with the County Clerk. 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. 79-38-162-288 The Cit 's certified public accountants' presentation of the audited (33) financial report for fiscal year ending September 30 1978. Mr. Larry Anderson, on behalf of the independent auditors, Mason, Nickels and Warner, having completed their auditing of the fiscal year ending September 30, 1978, submitted their annual report to the Council, the said annual report being on file in the City Secretary's Office. Mr. Anderson gave a somewhat detailed presentation of all revenue funds, all expenditures, and submitted to the Council a statement of recommendations for their consideration. In response to Council query as to his summation of the City's financial condition, Mr. Anderson reported that the 1977- 78 fiscal year reflected a "SOLID" condition. However, he indicated the reflection for the year 1978-79 may not reflect as good a report for the reason that the tax rate was cut substantially to comply with citizens' request. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to accept the auditors' Annual Report. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton McAlister voting Yea; none voting Nay. 11 79-38-162-289 Consider resolution authorizing contract with Lubbock Cultural Affair (34) Council. This item was tabled and will be considered at the March 22, 1979, Regular Council Meeting. 79-38-162-290 Bid No. 5208 for electric cable reel carrier & tensioner (Electric (35) Distribution). Director Floyd Nesbitt indicated Councilwoman Jordan to draw. Low Bidder that there was a tie bid and asked Pengo Equipment, Fort Worth Alternate: Ticknor Sales, Arlington 79-38-162-291 Bid No. 5128 for new diesel engines & diesel en ine repair to establish (36) price fora period of one year (Garage). 79-38-162-292 (37) Director Floyd Nesbitt indicated there was a tie on this bid and requested Councilwoman Jordan to make the draw. Low Bidder Cummins Sales & Service, Lubbock Alternate: South Plains International Trucks, Lubbock Bid No. 5129 for new truck trans issions & truck transmission to establish price for a period of one Low Bidder 79-38-162-293 Bid No. 5250 for water meter (38) Low Bidder r (Gar Stewart & Stevenson, Lubbock xes to be ordered as need( d (Warehouse S Western Industrial Supply Company, Lubbock .1.63 79-38-163-294 Bid No. 5255 for curb stops Warehouse Stock). (39) Low Bidder M. B. McKee Company, Lubbock 79-38-163-295 Bid No. 5251 for electric items (Warehouse Stock). Items 1,3,5,7,8,9,10,11 Temple, Inc., Lubbock Items 2,6 Nelson Electric Supply Company, Lubbock 79-38-163-296 Bid No. 5243 for truck with aerial bucket (Traffic Engineering). (41) Low Bidder Utility Equipment Company, Oklahoma City, Oklahoma 79-38-163-297 Bid No. 5226 for two (2) tractors diesel (Airport). (42) Low Bidder Yellowhouse Machinery Company, Lubbock 79-38-163-298 Bid No._5244 for one (1) tractor with backhoe & front end loader (43) one (1) rotary mower 1.51 (1 - Public Works; 2 - Airport). Item 1 Case Power & Equipment Company, Lubbock Item 2 Yellowhouse Machinery Company, Lubbock 79-38-163-299 Bid No. 5233 for pickups, vans & trucks various departments). (45) Items 1,2 Brunken Toyota, Inc., Lubbock Items 3 - 18, incl. Modern Chevrolet Company, Lubbock 79-38-163-300 Bid No. 5158 for rope bar screen Water Reclamation). (46) Low Bidder Newman Engineered Equipment, Inc., Dallas Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve the above referenced bids. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-163-301 Bid No. 5237 for automatic sprinkler systems - Pioneer Park Buster (44) Long Park and Chatman Park and if approved, authorize the Mayor to execute agreement. 79-38-163-302 Resolution No. 96 (44-A) Resolution authorizing the Major to execute referenced agreement. 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 Contract between the City of Lubbock and Gilbert & Spencer Company for automatic sprinkler systems in Buster Long Park, J. A. Chatman Park and Pioneer Park, 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 March 3,1979. s Dirk West DIRK WEST, MAYOR ATTEST: /sj Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer if 4 APPROVED AS TO CONTENT: /s/ Lawrence Banks Lawrence Banks, Community Facilities APPROVED AS TO FORM: /s/ Leon G. Bean Leon G. Bean, Asst. City Attorney *NOTE: Original Contract filed with Original Resolution No. 96. Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve Bid No. 5237 and to authorize the Mayor to execute the agreement. Motion carried: Mayor West, Mayor Pro Tem Henry, Council- woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-164-303 Bid No. 5248 for mowers (Golf Department). (47) The low bidder, Goldthwaite's of Texas, did not meet specifications; specifications call for a minimum of 25 horsepower and their bid provided for 19.8 horsepower. Bid Accepted Colonial Motors, Dallas Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to accept the second low bid as reflected above due to non- compliance of specifications by low bidder. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-164-304 Bid No. 5239 for uniform shirts Fire Department). (48) Combination sizing is used by Kaufman Uniform Company, the low bidder. The next low bid, Mallory's, is recommended because they provide actual shirt sizes using the appropriate neck and sleeve lengths. Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to accept the bid of Mallory's, Lubbock. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-164-305 A counter offer of San Angelo By Products fora parcel of land out of (22) Phyllis Wheatley Addition. San Angelo By Products have agreed to accept the formal offer of $9,100 for the property acquired for the digester construction. Their counter offer to the City is for the City to purchase a 5-acre tract and building which they own on the Sewage Treatment Plant site. These five acres were purchased from the City by the company in 1958 for a price of $3,000, on which they have constructed a metal storage shed. No further improve- ments have been made. The location of these five acres is such that they have to travel through the Sewage Plant area to get to their property. Sam Wahl, Director of Public Utilities, recommends that the City purchase back from the company the 5-acre tract. Motion was made by Councilman Aderton, seconded by Councilman McAlister to accept the counter offer of San Angelo By Products. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-164-306 Fifteen (15) a22ointments to the Water Resources Board (expansion authorized (49) by Ordinance No. 7820 Agenda Item No. 28. 3/8/79). As authorized by Ordinance No. 7820, expanding the referenced Board to a membership of 15, the motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to appoint the following names to this Board: Mrs. Hoyle Moss 3313 - 43rd 799-2844 Duncan Ellison 2816 - 57th 795-1014 Exec. Dir., Water, Inc. 1613 Avenue Q 763-5271 Gene Murrell 4606 W. 10th 799-8240 Bob Sweazy 3412 - 76th 792-7265 Texas Tech Weldon Gibbs 3204 - 40th 799-6724 American State Bank 1401 Avenue Q 763-7061 L L Russell Bean 2806 - 21st 795-6798 Ed Wilks 3418 - 84th 797-0800 KFYO 914 Avenue J 765-5567 E. Jack Brown 3701 - 39th 799-0335 J. C. Chambers 4610-1 Indiana Ave. 792-0353 Insurance Associates 2333 - 50th 795-9321 Esther Sepeda 5013 - 15th 797-9164 3436 Avenue H 763-6551 Buddy Barron 3515 - 43rd 793-0333 3060 - 34th 792-2193 Wayne Prather 3108 - 20th 795-6890 2411 Avenue E 747-2933 John Scoggin 4512 - 7th 795-1222 1917 Texas 797-3281 Dr. F. L. Lovings 2612 Hickory 744-9460 1721 Avenue A 763-2617 Shelton Berry, CPA 3309 - 55th 795-6529 4630 - 50th 797-0303 Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-165-307 Three (3) appointments to the Parks & Recreation Board. Joe Crutcher reappointed for 3 years to expire 3/31/82 0. V. Scott, Jr. appointed for 3 years to expire 3/31/82 Attorney 1500 Broadway (762-5281) Res: 3301 - 45th (795-5886) Ruthie Johnson (Mrs. Tom) reappointed for 3 years to expire 3/31/82 Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to approve the 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 motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to adjourn. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. r ATTEST: �ae-c� ZiL City Secreeary-treasur6cr READ. AND APPROVED THIS THE 22nd DAY OF March 1979.z R ATTEST: ity Secr ary-Treasu r