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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/22/1979166 79-38-166-308 (1) 79-38-166-309 (2) 79-38-166-310 (3) 79-38-166-311 (4) 79-38-166-312 (5) Publishers Affidavit for Zone Case Hearings on Page 166A 79-38-166-313 (6) REGULAR CITY COUNCIL MEETING MARCH 22, 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., and City Secretary -Treasurer Evelyn Gaffga. Absent: None. The invocation was given by Mayor Pro Tem Alan Henry. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. AEproval of the Minutes - Regular Meetin March 8 1979. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to approve said minutes. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Citizen ApRearances Board Appointments Water Resources Board - Buddy Barron Shelton Berry Duncan Ellison Weldon Gibbs Dr. F. L. Lovings Wayne Prather John Scoggin Bob Sweazy Members of the Board Absent: Russell Bean Ruth Moss Ed Wilkes Tax Equalization Board - Alternate Members Steve Hammer McKinley Shephard Member Absent: Joan Kyre Proclamations "Youth Awareness Week" - March 18-24, 1979 Receiving: Prescilla Sims, President Soroptimist Intl. of Lubbock "Square and Round Dance Week" - March 25-31, 1979 Receiving: John and Janet Neal "Doctors' Day" - March 30, 1979 Receiving: Dr. Louis Nannini Mrs. W. T. Snodgrass Junior Officer of the 2uarter 1st Lt. Nelson Perez -Otero - Quarter for October -December, 1978 Ordinance No. 7823 Zone Case No. 1382-C - Request of Bill Adling (for YWCA) to change Lots_ 1 and 3, Block 2, Namron Addition, City of Lubbock, Lubbock County, Texas,_ to_ amend the site plan (located south of 35th Street and west of Flint Avenue). The Planning and Zoning Commission recommended to the Citv Council that this request be auuroved subie to the following condition: 1. That it be tied to the site plan as presented. LGB:hw . ORDINANCE NO. 7823 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6488 OF THE CITY OF LUBBOCK, ZONE CASE NO. 1382-C: CHANGE LOTS 1 AND 3; BLOCK 2, NAMRON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY AMENDING THE SITE PLAN MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with Notice published March 6, 1979, in the Lubbock Avalanche -Journal, a Public Hearing was held on the above referenced matter. 166A V* 79-38-166-113 79-38-167-314 79-38-163­315 79-38-16­- 316 79-38-16-' •317 79-38-17.-31s 79-38-17J-319 79-38-171-:320 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Ma ri yn Pierce a Notary Public in and for Lubbock County, Texas on this day personally appeared of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper Legal a been published o r cont nu words o (more than fifty-two weeks prior to the first insertion of this Per word - $298. 31 No. 906513 at Lubbock County, Texas and the attached print- ed copy of the Ne i rp _ is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: March 6 1; 1979 u iness Manager LUBBOCK A ALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this -8th day of _March _, 19 79 Nr,T,tE MARILYN PlErt;E OF CITY COUNCIL HEARING MY COMMISSION EXPIRES FEB. 1, 1980 NOTICE is hereby given to owners of he property hereinafter de- scribed or referred to and to all -other persons as prov tled by laww,, Notary Public in and for Lubbock County i Texas that the City Counc,$ will hold a pubtic hearing on the 22nd day of March, 1919, at 10.30 A M.. 11" the 2 ZONE CASE NO ,382-C — Re' Cify Council Chamber on WC 1-ee Welt O1•a ill Adt,ng Ifor YWCA) to end Floor o1 the City Halt in Lub• change Lots I and 3. Block L Nam back, Texas, to COnSider tilt 1", f6i Atldd,On. City of Lubbock, Lub• emmentldli0R5 Of frie Planning and back County, Texas, to amend the Lomng COmm,SS,an that the 1on,ng site plan. (Located South of 35th disir,ct of !hC properly herein de• ; Street ant! West at Flint Avenue') scribed be changed;• and at w'licn The Planning and Zoning Conln'LS- r,;ne and place all ,nicres+etl, pet' soon unanimously voted that this sans will be given a!1 opporiun ly to request be approved subleef I!o the be heard, alter wrich hearing. the following condition: GOY Council will determine.wheth, I That of be tied to the Site plan as er the Loring ordinance and map presented. will be amended in accordance J. LONE CASE N0. 2225 — Request wilh Such'recofnmendalion: of Ralphjarock (For Georgia nib !. LONE CASE NO. 2216 —Request you U,nyus) to change Lois I thru of Gordon Thompson flit KrFO, I I0. Block 1, D.P;Ls Add Mori City Inc.) to change a tract of land out at Lubbock, LubbOCk County, Tex• of Section 11, B1DCk E•2, C1IY 01 I as, tram R•I 10 C•1 Lorin) District. Lubbock, Lubboc County Texas, ILocafed North of 81s! Street and from R•1 to R-1 SpeC11 C use and C. hasl of Ash Avenue I 7 Zoning Districts. -[Located North The Planning and Zoning Commis• of 82nd Street and East of Quaker soon voted that trios request be ap- Avenue.) Property is further de- proved. Scribed by metes and bounds 10 4, LONE CASE No, 2226 -- Request wit -at James C. Wilson flor MBFA R-1 Specific Use Request: ' Housing, Inc.) to change a tfaci of BEGINNING a a point which bear$ land out of Section 28, Block E•2, East an approximate distance Of City of L,VbWk, Lubbock County. ail 00 feet from the Southwest cOT- Texas, from R•1 and R-2 to A•1 ner of Section 11. Block E•2, Lub- Zoning 0 strict (Located South of bock Counly. Texas; 510 Street and West of Albany Av- THENCE North an approximate enue.: Property is further de - distance ot285.00feeL scribed by metes and bounds !o THENCE West an approximate wit; distance of 1t5.00feet; FJf-t-rINNING at a point which THENCE North an pprolimistit of bear-, Souln 330 fe^l, West 857.60 jislance o1 440.00 feet to a Po feet from the Northeast corner of , •urvature; Secl,on 28, Block E•2; THENCE Easlej(: �y around a curve, THENCE South aOPrOximalely id the tight. Sam curve having a 669.12 feet, radiuIat300.00feet adelta angteOf THENCE West approximately 651 IW. and a chord distance of 6M.00 jeer; I eel, THENCE North apPraximalely THENCE South an approximate 6o,7:2feet; tlistanceo165.00leel; IHCI4CE East approximately 651 THENCE East an aDProximaleeiIJfhePoinrolBCginnmg. distance of 665.001ee1; 1 ne Planning and Zoning Cam • THENCE South an approximate msseo� unamrnousty voted that distance Of 66000 feet; ins request be approved. sublet! THENCE West an approximale I0 the foliow�ng condi ion; tl stance of I1 t0.00 feet to the Plate that ,t be tim,ted Iola 1,3000 dens - fit BePcr.'ng. dyCeiling. Ind R•1 Specil,c Use Request. 5. LONE' CASE NO. 934•D — Re - BEGINNING at a po rl which- quest Of Danny McLarty (for TinK- bears East "I 40prnx-Tata. 0's'' I er Development, Inc.) to change once of W.00 feet tram the s0u'h" AdCI Eoncity hru E Lubbock, LuOges was! corner W Secl,on 11 Block E- 2 Luoboci, County Texas. County. Texas. to amend cond,- IHENCE North a„ approximate $ions of Ordinance 4444 and Orde• C stance Of 28500tect: nonce 4743. (Located East of Villa THENCE East ar approximate prove and about 200 feet South of dstance of 735.001ect, 541h Street. h THENCE South an approximate The planning and Zoning Commts- a,stance of 785.00 feet; Sion unanimously voted that this THENCE West an approkimate requeslbeapproved. distance of 235 00 feel 10 the Place 6. ZONE CASE NO. 1977•C -- Re- quest of 'quest of Ken Flagg (tor' Royce 01 Request: Lewis Ili) for a Specit•c Use Lone BEGINNING al a point which Chant from R•2 to R•1 Specific bears East an approximate disc• use Fermi$ under provisions at ante of 707 leel from 'he Southwest Section 22.}2 of the ZOnmpL Ordi• Corner of Baia SCd,On 11, Block E• tnru 75for and Lots 39 hrun47, SouTS th 2' Acres Addition, City of Lubbock. THENCE Norsn an epprox,matc distance of M'010 test; Lubbock County. Texas. f Located THENCE East an approximate West of Slide Read and North and d;star:e of 6; tect' Sou1n e! 73rd Street. ) 1 HENCE North an apprbnmatcl The Planning and Zoning Commis, d stance of 4:0 lri.! 1:: a point at• $,on unartlmously voted that In'$ uest t)e approved THEtiarr.:, I' ZONE ASE No. 2227 — Request THENCE Ea%Ietsy arou^d-a curve to the right. said curve having a' at Ken Williams to change Lots 9 radius Of 3W tees, a delta angte Ot and 10. Block 126, Overton Addi- ra0, and d chord d,swre of 600 t,on, City of LubbOCk, LubbOck Itel, County. Texas, from R•2' to A•2 IHI-'NCE 50uln an approximate Zoning District, (Located Sous' Of distance of 651 eel; 61h Sefeet and about too feet East I HENCE East an approximate of Avenue x.l alsiancitol 665 feet, The P(ann,ng and Zoning Commis• t HENCE North an approximate soon unan, mouslY voted trial 1h,1 distante of 464.121eel. rcqu€atbe approvetl. (HENCE West an approximate d,stance of .1550 feet; r kimate THENCE South an 013 o j distance. of 1124.12 Jett to the Sputnwe. I corner of so d Section It. BIOck E•7: IH-NCE Earl an approximate distance of 207 fees to the a Point '1 yey;nn,ng, conlain,ng malely 16.70 acres 4 Tne to in and Lomng COrr+ms- 1 soon unan,moufoy� �ubiecLd ttathis request be, apR iallow,ng conditions:. _ I that the R•t Specit,c'US9 be ap' proved I 2 ihas ine C•2 requcil be granled on the properly trial goes No On to l the alley South 01 Rot" $free, i. i + team wet e! the rc• 8. ZONE CASE NO 7156-A — Re 133 thrVest of 54� Reyes u 136, Quakers He qh� adLetr I,on, City o1 Lubbock. Lubbock County, Texas, from R-1 to R•2 Zon,ng U SIr.c1. i LOcdled Souls' Of 141h Street and East of Utica Ave. nue ). The Planning and Zoning Commis• lion unanimously v0'ed that Ibis r.que%f be approved. 9. ZONE CASE NO. i845•H — Re- CA Aubrey orete ouConstructiO Company) to change a tract of land out as Section 18. Block S. City Of Lubbock, Lubbock County, Texas, from C-3 fo C•2 Zoning District. (Located East at Utica Avenue and about % feet South of 48th street.) Properly is further described by metes and bound$ to wit: 9EGINNING at the Northwest c01`- nor of Tract B, Gordon Heights Ad• dd,on to the City of Lubbock, Lub- bock County, Texas; THENCE Ea51299 feel to a point. THENCE South 130.7 tees to a point, THENCE East too feet to a point; THENCE South 107 feet too point; THENCE West 107 feel 10 a post, THENCE South 1)01eet toe point, THENCE West 107 feet to a point, THENCE North 110 feet fe a point; THENCE West 185 feet fo a point, I HENCE North 23Q7 feet to the •I" Planning a, a at Beginning. the and Zoning Commis• %ion unanimously voted that Ihi1 request be approved. MAR 2 2 1979 167 79-38-167-314 (7) This request is to expand the YWCA to include a gymnasium. The primary concern of a request like this is its proximity to low density residential area and off-street parking traffic circulation problems. As proposed by the current site plan, most of the off-street parking is on the north side of the tract, adjacent to a commercial tract. The site plan is for ten spaces short of the 112 required for a complex this size. However, the Planning and Zoning Commission thought that since the use was established and this expansion would in fact add thirty more spaces than they have at present, there would be no problem. Proponent: Bill Adling, Architect �� Carolyn Hill, Chairman of the YWCA Building Committee Mr. Adling presented an elevation reflecting the proposed expansion which includes an aquatic center as part of the gymnasium area. Mr. Adling indicated that the proposed site plan is applicable for A-2 zoning; that 98 off-street parking spaces would be provided; that an appropriate exterior material would be used as reflected in the elevation. There being no opposition, and no discussion from Council members, the hearing was declared closed. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7824 Zone Case No. 2225 - Request of Ralph Brock (for Gear is Wilson Din us) to chap a Lots 1 thru 10 Block 1 Dingus Addition City of Lubbock Lubbock County,_ Texas, from "R-1" to "C_1" Zoning District (located_ north of 81st Street and east of Ash Avenue). The Planning and - Zoning Commission recommended to the City Council that this request be approved. LGB:hw ORDINANCE NO. 7824 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. 2225; CHANGE LOTS 1 THROUGH 10, DINGUS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C -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. In accordance with Notice published March 6, 1979, in the Lubbock Avalanche -Journal, a Public Hearing was held on the above referenced matter. This request is to place a small "C-1" (neighborhood commercial) tract within an existing residential area. There was a petition submitted to the Planning and Zoning Commission indicating the need for a convenience store facility in this general area. Some opposition from adjacent residents was indicated. The site is virtually surrounded by single-family tracts. The site is near the center of the residential neighborhood and is immediately adjacent to several single-family houses. Sufficient opposition was reflected which would require a 4/5 vote of the Council for approval. Proponent: Ralph Brock, Attorney, on behalf of Georgia Wilson Dingus Mr. Brock indicated the area has been semi -developed since the 1950's; that residential area consists mostly of smaller homes of retired or elderly people; that the area adjoins an industrial area; that the area is suitable for moderately priced residences; that the area has been slow to develop because there are no convenience service facilities available in the area; that a petition was presented to them from some 23 or 24 property owners in the area requesting a neighborhood convenience facility; the request reflecting installation of gas pumps, however the request does not include gas pumps as part of the convenience facility; that the proposed site is off a main thoroughfare and would not create any traffic problems. An elevation was presented showing the proposed area. Mr. Bertram, Director of Planning, indicated it was unusual to receive a request from a residential area for a commercial facility; that the Commission's decision reflected a split vote because of the expressed opposition from adjacent residents. Mr. Bertram indicated that if opposition consisted of 20% of landowners within a total area surrounding the requested site was expressed, a 4/5 vote is required on the part of the Council. 168 79-38-168-315 (8) 79-38-168-316 (9) Mr. Harry Stokley, member of the. Planning and Zoning Commission, expressed comments similar to Mr. Bertram's appraisal of the Commission's feelings. There being no further discussion and no expressed opposition at the hearing, the hearing was closed. Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to uphold P & Z. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7825 _Zone Case No. 2226 - Request- of James C. Wilson (for MBFA Housing, Inc.) to change a tract of land out of Section 28 Block E-21 City of Lubbock, Lubbock County, Texas, from "R-1" and "R-2" to "A-1" Zoning District (located south of 51st Street and west of Albany Avenue). The Planning and Zoning Commission recommends to the-CitZ Council that this request be approved subject to the following condition: LGB : hw . -- - - ORDINANCE N0. 7825 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. 2226; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DISTRICT; SUBJECT TO A CONDITION; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, 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. 1. That it be limited to a 1:3000 density ceiling. In accordance with Notice published March 6, 1979, in the Lubbock Avalanche -Journal, a Public Hearing was held on the above referenced matter. This request is for 160 apartment units for the elderly designed with considerations for the handicapped. There are considerable numbers of apartment zone changes in this general area, which lies south of 50th Street and west of Slide Road. The apartment policy district is limited to a density of 1:3000. The site plan submitted by MBFA Housing, Inc shows a density of 1:2750. The Planning and Zoning Commission recommends that we continue holding to the 1:3000 density to avoid unexpected traffic congestion caused jointly by the apartment area and the South Plains Mall. Proponent: Warlick Carr, Attorney, on behalf of MBFA Housing, Inc. Mr. Carr's comments indicate that MBFA Housing, Inc. is comprised of a series of family group of corporations, non-profit in nature, tax exempt, whose primary function is to supply health services and living facilities for the elderly. This request is for the purpose of building a retirement village, a commercial or multi -family development, which is compatible to the existing structures in the area; that the proposed apartments would be single -story for the convenience of the elderly; that it is very similar in concept to John Knox Village although it does not require the admittance fee or arrangement that John Knox requires; that it would consist of a fireproof masonry -type construction; that there would be no traffic problem as most of the residents would not be owners of vehicles, at the most there would be one vehicle per family unit; that the developer is agreeable to the condition placed on the request. There being no discussion and no opposition, Mayor West declared the hearing closed. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7826 Zone Case No. 934-D - Re uest of Danny McLart (for Tinker Develo ment Inc.) to change Lots E-30 thru E-42 C. N. Hodges Addition City of Lubbock Lubbock County, Texas to amend conditions of Ordinance 4444 and Ordinance 4743 (located east of Villa Drive and about 200 feet south of 54th Street). The Planning and Zoning Commission recommended to the City Council that this request be a2proved subject to the following conditions: 1. That all overhead and warehousing door openings shall be on the alley side of the building. 2. That all office space be fronting onto Villa Drive. 169 79-38-169-317 (10) LGB:hw ORDINANCE NO. 7826 AN ORDINANCE AMENDING ORDINANCES NO. 4444 AND 4743 OF THE CITY OF LUBBOCK, TEXAS; ZONE CASE 934-D, CHANGING CONDITIONS ON LOTS E-30 THROUGH E-42, C. N. HODGES ADDITION, CITY OF LUBBOCK, TEXAS, TO ALLOW WAREHOUSING INCIDENTAL TO RETAIL SALES; PROVIDING FOR CONDITIONS, PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE, PROVIDING FOR A SAVINGS CLAUSE AND PRO- VIDING FOR PUBLICATION. In accordance with Notice published March 6, 1979, in the Lubbock Avalanche -Journal, a Public Hearing was held on the above referenced matter. No proponent appearing when item was called (11:05 a.m.), in accordance with Council policy, motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to table referenced item until the proponent appeared. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 11:20 a.m. This request is within a site originally zoned "C-4" (heavy commercial) limited to offices. The general area has developed primarily as professional offices; the north side of the request is zoned for offices, storage and mini -warehouses; the south side of this request is Avenue Q which is a major thoroughfare; the southeast side is a recently built Burroughs Office and Storage, and has approved display and storage of office equipment area. When appearing before the Commission, proponent indicated that no less than 1/3 of the space would be devoted to offices and no more than 2/3 of the space would be devoted to storage. Proponent: Danny McLarty, on behalf of Tinker Development, Inc. Mr. McLarty presented to the Council the proposed elevation to be constructed and indicated that the conditions as recommended by the Planning and Zoning Commission were acceptable. He also concurred that he would indicate that no less than 1/3 of the space would be devoted for offices. Mr. Bertram, Director of Planning, indicated that it might be well to amend condition No. 2, listed above, to reflect that office space should not be less than 1/3 of the floor area. There being no discussion and no opposition, the hearing was closed. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading amending condition No. 2 to read: that all office space be fronting onto Villa Drive, and that office space should not be less than 1/3 of the total floor area. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7827 Zone Case No._1977-C - Request of Ken Flagg (for Royce Lewis III) for a Specific Use Zone Change, from "R-2" to "R-1" Specific Use Permit _under provisions of Section 22.3-2 of the Zoning Ordinance for_ townhouses on Lots 68 thru 75 and Lots 39 thru 42 South Acres Addition City of Lubbock, Lubbock County, Texas .(located west of Slide Road and north and south of 73rd Street). The Planning and -Zoning Commission recommended to the City Council that this. request be approved. �T LGB:hw ORDINANCE NO. 7827 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 1977-C; CHANGE LOTS 68 THROUGH 75 AND LOTS 39 THROUGH 42, SOUTH ACRES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO R-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. In accordance with Notice published March 6, 1979, in the Lubbock Avalanche -Journal, a Public Hearing was held on the above referenced matter. This request for "R-1" Specific Use townhouses is within an existing duplex zone. The request would basically convert duplex (rent or occupied units) to townhouses (own or occupied units) and would increase the potential density from 24 duplex units to 28 townhouse units. On the north side of this request are single-family units; on the south side of the request is "A-l" apartment zoning; on the west side is single-family "R-1"; the only possible problem could be the potential problem of the closed -in carport being too close to the alley which would create sight problems and possibly traffic problems for traffic I 170 moving in the alley. The Commission placed a condition on the site plan that rear fences and garages go no closer than 12' to the alley line. Proponent: Ken Flagg, on behalf of Royce Lewis III Mr. Flagg indicated that the construction of townhouse units were proposed, and in response to Council query indicated they were in agreement with the 12' rear line restriction for fencing or carport construction. There being no opposition and no discussion, Mayor West declared the hearing closed. Motion was made by Councilman Aderton, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor Westo Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-170-318 Ordinance No. 7828 (11) Zone Case No. 2227 - Request of Ken Williams to change Lots 9 and 10, Block 126, Overton Addition, City of Lubbock, Lubbock County, Texas _ ' from "R-2" to "A-2" Zoning District (located south of 6th Street and about 100 feet east of Avenue_X)._ The Planning and Zoning Commission recommended to the City Council that this request_ be approved. 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. 2227; CHANGE LOTS 9 AND 10, BLOCK 126, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-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. In accordance with Notice published March 6, 1979, in the Lubbock Avalanche -Journal, a Public Hearing was held on the above referenced matter. This request is for a two -lot extension of an existing apartment develop- ment on the west side of the referenced area. This request conforms to the numerous apartment changes in the North Overton area that has taken place. Proponent: Ken Williams Mr. Williams reaffirmed the intent of the request as presented to the Commission and the Council. There being no opposition and no discussion, Mayor West declared the hearing closed. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to uphold P & Z. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-170-319 Ordinance No. 7829 (12) Zone Case No. 2156-A - Request of Sam Reyes to change Lots 133 thru 136, Quaker_ Heights Addition, City of Lubbock, Lubbock County, Texas, from "R-1" to "R-2" Zoning District (located south of 74th Street and east of Utica Avenue). The Planning and Zoning Commission_ recommended to the _City Council that this request be approved. 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. 215 CHANGE LOTS 133 THROUGH 136, QUAKER HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING FOR 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. In accordance with Notice published March 6, 1979, in the Lubbock A Journal a Public Hearing was held on the above referenced T matter. This request is for an "R-2" zoning on a single-family zone tract. The site has development problems in terms of trying to develop single- family detached housing. On the north side of the site is the South- western Public Service substation and an 11 A-1" apartment unit; on the west side, and facing these lots, is a large LP&L power subdivision. The presence of these two substations make it very impracticable if not impossible to build single-family units, the proposed request seemed like a good compromise to the P & Z Commission. 171 Proponent: Sam Reyes Mr. Reyes indicated that the presentation to the Council today was the same as his presentation and request to the Commission; that he was a resident of the area and had a deep interest in developing it harmoniously; that there had been some opposition expressed from residents in the area, and he was appreciative of their feelings and would consider their position in the construction of the proposed unit. 02ponent: Jacob Jernigan, 4714 76th Street Mr. Jernigan expressed concern over the type of structure that possibly would be built, that he had purchased his home in this area for the primary reason of privacy and the development of single-family residences, and expressed some concern primarily over the possibility of a two- story structure being constructed. Following discussion and rebuttal on the part of both parties, Mr. Reyes indicated he was agreeable to building a one-story structure and Mr. Jernigan indicated he would feel more confident if this could be a condition in the ordinance, to which Mr. Reyes agreed. There being no further discussion, Mayor West declared the hearing closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to pass said ordinance on the first reading adding the condition to the ordinance that the structure be limited to one story. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Council- men Aderton and McAlister voting Yea; none voting Nay. 79-38-171-320 (13) Ordinance No. 7830 _Zone Case No. 1845-H - Request of Aubrey_ J. Fouts (for _Commercial Concrete Construction_ Company) to change a tract of land out of Section 18, Block B. City of Lubbock, Lubbock County, Texas, from "C-3" to 11C-2" Zoning District (located east of Utica Avenue and about _96_feet south of _48th Street)._ The Planning and Zoning Commission recommended to the City Council that this request be approved. ^ 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. 1845-H; CHANGE A TRACT OF LAND OUT OF SECTION 18, BLOCK B, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO C-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PRO- VIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PRO- VIDING FOR PUBLICATION. In accordance with Notice published March 6, 1979, in the Lubbock Avalanche -Journal, the Public Hearing was held on the above referenced matter. This site was recently zoned "C-3" for a racquet ball and paddle bail court; this request is to return the proposed site back to its original "C-2" zoning; this site is located in a predominately large commercial area east of Utica and north of 50th Street. Proponent: Warlick Carr, Attorney, on behalf of Commercial Concrete Contruction Company Mr. Carr indicated that the request to return the tract to "C-2" zoning resulted from the financing for the proposed racquet ball and paddle ball court failed to materialize. There being no discussion and no opposition, Mayor West declared the hearing closed. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to uphold P & Z. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-171-321 Consider appoval of an apartment site plan on the C. C. Knott Addition. (14) When "A-1" zoning was approved on this site on November 11, 1976, Ord. 7348 and 7349, the Council placed 1:3000 density on the site and the requirement that the site plan be approved by the City Council. The Planning and Zoning Staff indicate that all requirements with respect to setbacks, land- scaping and density of the ordinance have been fulfilled. Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to approve referenced site plan. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 172 79-38-172-322 (15) 79-38-172-323 (15-A) Ordinance No. 7831 A_ correction ordinance on Zone Case No. 2210 correcting the zone boundary descriptions. AN ORDINANCE CORRECTING ORDINANCE NO. 7115 OF THE CITY OF LUBBOCK, WHICH WAS PUBLISHED IN A FORM WHICH DID NOT CORRECTLY REFLECT THE INTENT OF THE C COUNCIL AND WHICH WAS CAPTIONED AS FOLLOWS: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2210; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This is a routine correction ordinance to correctly define the zone case boundaries as approved by City Council on December 14, 1978, Ord. 7775, said site being located south of Spur 327 and west of Slide Road. There being no discussion or opposition, Mayor West declared the hearing closed. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on first reading, as zoned. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7832 A correction_ ordinance on Zone Case No. 2162,_ Ordinance No. 7566, correcting the boundaries describing_t_he zone change. (Emergency Measure) LGB:hw ORDINANCE NO. 7832 AN ORDINANCE CORRECTING ORDINANCE NO. 7566 OF THE CITY OF LUBBOCK, WHICH WAS PUBLISHED IN A FORM WHICH DID NOT CORRECTLY REFLECT THE INTENT OF THE CITY COUNCIL AND WHICH SHOULD HAVE BEEN CAPTIONED AS FOLLOWS, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2162; CHANGE TRACTS 'A' THROUGH 'M', TRACTS 'P' AND 'Q' AND THE SOUTH 200 FEET OF TRACT 'R' AND OF LOTS 1-A, 2-A, AND 3-A, FIESTA AUTOLAND CENTER, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO C-4 WITH CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION"; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION, AND DECLARING AN EMERGENCY. The above zone case was passed on November 1977, and was advertised as the south 200' of Lots 1-A, 2-A and 3-A be zoned from "C-4" Open Use to "C-4" Resticted; however the body of the ordinance reflects that the total area of Lots 1-2, 2-A and 3-A be zoned "C-4" Restricted Use. The property is now in the process of being sold and while negotiating a proposed sales contract on this particular piece of property, it was discovered the inconsistency between the ordinance caption and the body of the ordinance. The attorney for the property owners felt that the sales contract could be in jeopardy and his clients could possibly suffer extensive financial losses unless the matter was corrected. The homeowners in the zone case matter were notified of the situation to apprise them of the reason for emergency measure. In actuality it is merely a change of verbage in the ordinance to clearly reflect the intent of the Council at that time. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance as an emergency measure. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-172-324 Resolution No. 97 (16) Resolution authorizing the Mayor._to sign a grant_ application for a Title VII Nutrition Program. LGB:cl RESOLUTION NO. 97 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 Application for Nutrition Project Award under Title VII of the Older 1_73 Americans Act, 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 22nd day of March '1979. Ls/ 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 Bean, Assistant City Attorney NOTE: Application filed with Original Resolution No. 97 entitled, "APP for Nutrition Project - Title VII (Meals for Senior Citizens Centers)" In early 1978 representatives of the Governor's Office on Aging approached the City urging the City to apply for Title VII Nutrition Grant for the reason that the Governor's Office was not going to continue funding the old "Teapot Program". Grant application was approved and became effective June 1, 1978. Within 3 months the average number of meals served rose from 180 to roughly 250. The daily meal count has been averaging approximately 290; the City has been able to use donations for transportation and other program expenses. For the next grant period - June 1, 1979 -- May 31, 1980, it will cost an additional $45,000 for the primary reasons: 1. We have been serving more meals than we had originally anticipated, and approved in the funding agreement. 2. The price per meal has increased 104 per meal. 3. The loss of CETA funding has caused the Parks and Recreation Department to place center directors on the payroll, increasing our labor costs. 4. Additional center was added just before we got the grant. Several options are available for cost reduction, to wit: 1. Change all full-time center directors to part-time positions, which would save approximately $17,000. 2. Reduce the number of meals served. 3. Close one center, which would save approximately $6,000. 4. Seek additional grants to pay additional costs. 5. Use Community Development Block Grant Funds to pay $45,000 in personnel costs. Eligibility of this kind of program for community development funding would require the City Council to declare Title VII Nutrition Program an eligible Public Service to comply with CDBG Guidelines and appropriate funds to support the physical development activities carried on in designated neighborhood strategy areas. There are seven sites of which five are located in the CDBG target areas and three of the five are located in designated neighborhood strategy areas. Alternatives to be considered are that CDBG funds be used and all centers remain open, especially until the new central center is completed; center directors could be changed from full time to part time and supplement the grant with CDBG funds in the sum of $28,000; or allocate funds from the senior citizens center to supplement the grant. I 174 79-38-174-325 (17) 79-38-174-326 (18) Mr. John Alford, Director of Parks and Recreation Department, indicated that many services were being provided at the center other than the hot meal program, such as transportation when needed, meeting recreational needs, counseling services (income tax advisor, social security advisor, etc.) and the guidelines have been changed whereby contributions made by the senior citizens themselves cannot be applied toward any of the aspects of the grant program. Following discussion, the motion was made by Councilman Aderton, seconded by Councilwoman Jordan to pass said resolution authorizing the Mayor to execute an amended grant application for Title VII Nutrition Program. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider declaring Lubbock's Title VII Nutrition Program for senior citizens, a public service and allocating CDBG funds. The above matter is closely related to Resolution No. 97, above. Motion was made by Councilman Aderton, seconded by Councilwoman Jordan to declare the senior citizens Nutrition Program a public service and approve allocation of CDBG funds in the sum of $28,000 to fund supplemental meals not provided for by the previous grant; and request the Mayor to write a letter to the appropriate State and Federal officials expressing the City`s objections to the change of guidelines in the Title VII Nutrition Program. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7833 An appropriation_ ordinance from Street Improvement_ Fund for Engineering and Right -of -Way on Avenue L and Avenue K widening from 28th Street to 37th Street. FORM L-2 ORDINANCE NO. 7833 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 $26,000.00 For the following purpose: Preparation of Plans, Specifications, and Right -of -Way acquisition for widening of Avenue K and Avenue L from 28th Street to 37th Street. AND IT IS SO ORDERED Passed by the Council on first reading this 22nd day of March , 19 79 Passed by the Council on second reading this 19 ATTEST: CITY SECRETARY-TREAS. day of MAYOR VERIFIED BY:_/s/Sterling K. Miller _ FINANCE OFFICER APPROVED BY: Isl Wilford D. Watson APPROVED AS TO FORM: HEAD OF DEPT. /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 175 79-38-175-327 (19) This appropriation ordinance is in the sum of $26,000 and will provide funds necessary for preparing plans and specifications and for any right-of-way costs needed for the improvements on Avenue L and K widening from 28th Street to 37th Street. The property needed for widening Avenue L is currently owned by the Fort Worth and Denver Railroad. Funds for the engineering are included in the current bond fund, and funds for construction of the project will be included in the next bond sale. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7834 An appropriation ordinance from Street Improvement Fund for Engineering and Right -of -Way on Quaker Avenue widening from 16th Street to Clovis Road. ORDINANCE NO. 7834 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 $50,000.00 For the following purpose: Preparation of Plans, Specifications, and Right -of -Way acquisition for widening of Quaker Avenue from 16th Street to Clovis Road. AND IT IS SO ORDERED Passed by the Council on first reading this22nd day of March 11979. Passed by the Council on second reading this day of ,1979. DIRK WEST, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer VERIFIED BY: Lal Sterling K. Milled Finance Officer APPROVED AS TO CONTENT: Zsl Wilford „D. Watson APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney This appropriation ordinance is in the sum of $50,000 and will provide necessary funds for preparing plans and specifications and for any right-of-way costs needed for the Quaker Avenue widening project. The property needed for this project is owned by by Texas Tech University. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem. Henry, Councilwoman Jordan, Councilmen Aderton, and McAlister voting Yea; none voting Nay. 176 79-38-176-328 Resolution No. 98 (20) A_ resolution accepting p_a_v_ingjaprovements_ constructed by W. D. Turner Construction Company in The Meadows Addition. �T RESOLUTION NO. 98 RESOLUTION ACCEPTING IMPROVEMENTS 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 The Meadows Addition, Lots 1- 796 and Tract "A", made arrangements with W.D. Turner 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 The Meadows Addition, Lots 1-796 and Tract "A" including the following streets: South 1/2 of 85th Street from its intersection with the East lip line of Chicago Avenue to its intersection with the West raw edge of Slide Road known and designated as New Subdivision Sub -Unit Number 46 of Unit Number 2023. 86th Street from its intersection with the East lip line of Chicago Avenue to its intersection with the West raw edge of Slide Road known and designated as New Subdivision Sub -Unit Number 47 of Unit Number 2023. 87th Street from its intersection with the East lip line of Chicago Avenue to its intersection with the West lip line of Slide Road known and designated as New Subdivision Sub -Unit Number 48 of Unit Number 2023. 88th Street from its intersection with the East lip line of Chicago Avenue to its intersection with the West raw edge of Slide Road known and designated as New Subdivision Sub -Unit Number 49 of Unit Number 2023. 89th Street from its intersection with the East lip line of Chicago Avenue to its intersection with the West lip line of Slide Road known and designated as New Subdivision Sub -Unit Number 50 of Unit Number 2023. East 1/2 of Chicago Avenue from its intersection with the centerline of 85th Street to its intersection with a line 7.00 feet South of the South property line of the alley South of 89th Street known and designated as New Subdivision Sub -Unit Number 51 of Unit Number 2023. Bangor Avenue from its intersection with the North lip line of 89th Street to its intersection with the South lip line of 88th Street known and designated as New Subdivision Sub - Unit Number 52 of Unit Number 2023. Bangor Avenue from its intersection with the North lip line of 87th Street to its intersection with the South lip line of 86th Street known and designated as New Subdivision Sub - Unit Number 53 of Unit Number 2023. Albany Avenue from its intersection with a line 7.00 feet South of the South property line of the alley South of 89th Street to its intersection with the South lip line of 89th Street known and designated as New Subdivision Sub -Unit Number 54 of Unit Number 2023. Albany Avenue from its intersection with the North Zip line of 88th Street to its intersection with the South lip line of 87th Street known and designated as New Subdivision Sub - Unit Number 55 of Unit Number 2023. Albany Avenue from its intersection with the North lip line of 86th Street to its intersection with the South lip line of 85th Street known and designated as New Subdivision Sub - Unit Number 56 of Unit Number 2023. Abbeville Avenue from its intersection with the North lip line of 89th Street to its intersection with the South lip line of 88th Street known and designated as New Sub- division Sub -Unit Number 57 of Unit Number 2023. Abbeville Avenue from its intersection with the North lip line of 87th Street to its intersection with the South lip line of 86th Street known and designated as New Subdivision Sub -Unit Number 58 of Unit Number 2023. 177 90th Street from its intersection with the East lip line of Chicago Avenue to its intersection with the West lip line of Slide Road known and designated as New Subdivision Sub - Unit Number 61 of Unit Number 2023. 91st Street from its intersection with the East lip line of Chicago Avenue to its intersection with the West raw edge of Slide Road known and designated as New Subdivision Sub - Unit Unuber 62 of Unit Number 2023. 92nd Street from its intersection with the East lip line of Chicago Avenue to its intersection with the West lip line of Slide Road known and designated as New Subdivision Sub -Unit Number 63 of Unit Number 2023. 93rd Street from its intersection with the East lip line of Chicago Avenue to its intersection with the West raw edge of Slide Road known and designated as New Subdivision Sub - Unit Number 64 of Unit Number 2023. Clinton Avenue from its intersection with the West lip line of Chicago Avenue to its intersection with a line 118.59 feet West of the West Property line of Chicago Avenue (North side) known and designated as New Subdivision Sub - Unit Number 65 of Unit Number 2023. Chicago Avenue from its intersection with a line 7.00' South of the South property line of the alley South of 89th Street to its intersection with a line 82.18' North of the North property line of 94th Street known and designated as New Subdivision Sub -Unit Number 66 of Unit Number 2023. Bangor Avenue from its intersection with the North lip line of 93rd Street to its intersection with the South lip line of 92nd Street known and designated as New Subdivision Sub - Unit Number 67 of Unit Number 2023. Bangor Avenue from its intersection with the North lip line of 91st Street to its intersection with the South lip line of 90th Street known and designated as New Subdivision Sub - Unit Number 68 of Unit Number 2023. Albany Avenue from its intersection with a line 7.00' North of the North property line of the alley South of 93rd Street its intersection with the South lip line of 93rd Street known and designated as New Subdivision Sub -Unit Number 69 of Unit Number 2023. Albany Avenue from its intersection with the North lip line of 92nd Street to its intersection with the South lip line of 91st Street known and designated as New Subdivision Sub -- Unit Number 70 of Unit Number 2023. Albany Avenue from its intersection with the North lip line of 90th Street to its intersection with a line 7.00' South of the South property line of the alley South of 89th Street known and designated as New Subdivision Sub -Unit Number 71 of Unit Number 2023. Abbeville Avenue from its intersection with the North lip line of 93rd Street to its intersection with the South lip line of 92nd Street known and designated as New Subdivision Sub -Unit Number 72 of the Unit Number 2023. Abbeville Avenue from its intersection with the North lip line of 91st Street to its intersection with the South lip line of 90th Street known and designated as New Subdivision Sub -Unit Number 73 of Unit Number 2023. 94th Street from its intersection with the East lip line of Chicago Avenue to its intersection with the West lip line of Slide Road known and designated as New Subdivision Sub -Unit Number 76 of Unit Number 2023. 95th Street from its intersection with the East lip line of Chicago Avenue to its intersection with the West raw edge of Slide Road known and designated as New Subdivision Sub -Unit Number 77 of Unit Number 2023. 96th Street from its intersection with the East lip line of Chicago Avenue to its intersection with the West raw edge of Slide Road known and designated as New Subdivision Sub -Unit Number 78 of Unit Number 2023. t1 ri 98th Street from its intersection with the centerline of Chicago Avenue to its intersection with a line 7.00' East of the East property line of the alley East of Albany Avenue known and designated as New Subdivision Sub -Unit Number 79 of Unit Number 2023. East il of Chicago Avenue from its intersection with a line 82.18' North of the North property line of 94th Street to its intersection with the North lip line of 98th Street known and designated as New Subdivision Sub -Unit Number 80 of Unit Number 2023. Belmont Avenue from its intersection with the North lip line of 98th Street to its intersection with the South lip line of 96th Street known and designated as New Subdivision Sub -Unit Number 81 of Unit Number 2023. Beaufort Avenue from its intersection with the North lip line of 98th Street to its intersection with the South lip line of 96th Street known and designated as New Subdivision Sub -Unit Number 82 of Unit Number 2023. Bangor Avenue from its intersection with the North lip line of 98th Street to its intersection with the South lip line of 96th Street known and designated as New Subdivision Sub - Unit Number 83 of Unit Number 2023. Bangor Avenue from its intersection with the North lip line of 96th Street to its intersection with the South lip line of 95th Street known and designated as New Subdivision Sub -Unit Number 84 of Unit Number 2023. Bangor Avenue from its intersection with the North lip line of 95th street to its intersectionwith the South lip line of 94th Street known and designated as New Subdivision Sub - Unit Number 85 of Unit Number 2023. Albany Avenue from its intersection with the North lip line of 98th Street to its intersection with the South lip line of 96th Street known and designated as New Subdivision Sub -Unit Number 86 of Unit Number 2023. Albany Avenue from its intersection with the North lip line of 94th Street to its intersection with a line 7.00' North of the North property line of the alley North of 94th Street known and designated as New Subdivision Sub -Unit Number 87 of Unit Number 2023. Abbeville Avenue from its intersection with the North lip line of 96th Street to its intersection with the South lip line of 95th Street known and designated as New Subdivision Sub -Unit Number 88 of Unit Number 2023. Abbeville Avenue from its intersection with the North lip line of 95th Street ti its intersection with the South lip line of 94th Street known and designated as New Subdivision Sub -Unit Number 89 of Unit Number 2023. 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 above -mentioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. THIS resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22ND DAY OF MARCH, 1979. /s/ Dirk West ATTEST: Dirk West, Mayor s/ Evelyn Gaff a Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: Isl Wilford D. Watson Wilford D. Watson, City Engineer 79-38-179-329 (21) The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to accept the referenced paving improvements. Motion carried: Mayor West, Mayor Pro Tem.Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7835 An appropriation ordinance from Street Improvement Fund for _2art_of_the __ En ineerin on the 1979 Assessment Paving Im rovement Program. ORDINANCE N0.7835 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: Capital Street Improvement The sum $10,000.00 For the following purpose: Preliminary Engineering for 1979 Assessment Program AND IT IS SO ORDERED Passed by the Council on first reading this 22nd day of March ,1979. Passed by the Council on second reading this day of DIRK WEST, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer VERIFIED BY: SterlingIsl K. Finance Officer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson,City Engineer APPROVED AS TO FORM: 1sl John C. Ross, Jr. John C. Ross, Jr., City Attorney This appropriation ordinance is for $10,000 and is for the preliminary engineering cost for the 1979 Assessment Paving Program. .1979. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-179-330 Accepting the repairing of 24 inch water line at Lowhead "B" Pum (22) Station and authorizing final payment to the contractor. The contract price for this project was $47,910; the final payment is $4,791. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to accept the referenced improvements and authorize final payment. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-180-331 Ordinance No. 7836 (23) 79-38-180-332 (24) Anappropriation ordinance from Water Coital Project Fund for cost of additional well development in Sandhills Well Field. FORM L-2 ORDINANCE NO. 7836 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Water Capital Project Fund The sum $29,124.30 For the following purpose: To cover cost of additional materials and development incurred in developing seven, wells in Sandhills Well Field Project. AND IT IS SO ORDERED Passed by the Council on first reading this 22nd day of 19 79 March , Passed by the Council on second reading this day of , 19 MAYOR ATTEST: CITY SECRETARY-TREAS. APPROVED AS TO FORM: VERIFIED BY: /s/Sterling K. Miller /s/ John C. Ross, Jr. FINANCE OFFICER John C. Ross, Jr. City Attorney APPROVED BY: /s/ Wilford D. Watson HEAD OF DEPT. This appropriation ordinance is in the sum of $29,134.30 from the Water Capital Project Fund to cover additional cost for bailing and development of the wells and the gravel for the packing of these wells. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 99 Change Order No. 1 to contract with Water Industries Inc. for extra work in Sandhills Well Field and authorize Change Order. JCR: cI RESOLUTION NO. 99 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 Change Order No. 1, to that certain contract executed between the City of Lubbock and Water Industries, Inc., on September, 1978, for the Drilling and Developing of Water Wells in the Sandhills Well Field, 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 22nd day of March ,1979 /s/yirk west DIRK WEST, MAYOR 1. 81 ATTEST: /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 TO: Water Industries, Inc. Box 871 Hereford, Texas 79045 Original amount of contract Net amount previous change orders Net amount this change order Amended amount of contract Time of completion Change Order No. 1 Drilling & Developing Seven Wells In Sandhills Well Field WWO 11520 $118,242.00 -0- 11,420.00 129,662.00 210 days WHEREAS, it is desirable to make changes in the plans and specifications for this project; THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the change shown herein and in the attached exhibits and data, the Owner and the Contractor agree that the original contract between them shall be modified to the extent herein indicated. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 22nd day of March, 1979. BY: Steve Condry Contractor BREAKDOWN OF CHANGE I. Additions Well 192 CITY OF LUBBOCK OWNER BY: /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary FOR APPROVAL: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ LarKy Cunningham Larry Cunningham, City Manager Attachment to Change Order No. 1 Water Industries, Inc. WWO 11520 1. Drill 19" hole, 240 feet at $12.50/foot - 2. Furnish, set and cement 80 feet of 16 inch casing at $24.50/foot - $3,000.00 1,960.00 3. Install 10 inch casing, 240 feet at $3.75/foot - 12 4. Furnish and install 35 yards gravel at $65/yard - 5. Furnish and install gravel chute - 6. Develop by bailing, 12 hrs. at $60.00/hr.- Well 117 1. Clean out 12 hrs. at $60.00/hr. - 2. Set 220 feet of 10" liner at $3.75/foot - 2,275.00 300.00 720.00 $9,155.00 $ 720.00 825.00 3. Gravel pack and bail 12 hrs. at $60.00/hr. - 720.00 $2,265.00 TOTAL $11,420.00 Water Industries, Inc. is the contractor for drilling and development of the 7 wells in the Sandhills Well Field; two of the older wells having caved in and these wells needing to be reconditioned and placed in service prior to the summer. Well No. 192 needs to be redrilled completely and Well No. 117 needs to be reworked and reequipped. The estimated cost for reworking these two wells is $11,420, which is considered repair and replacement work, and will be funded from the Water Maintenance portion of the budget. Councilman Aderton queried whether or not the wells are cased, to which Willie Watson, Chief Water Engineer, responded that all wells are completed in the appropriate manner, but some deterioration underground caused these problems. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution authorizing Change Order No. 1 for the extra work. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-182-333 Ordinance No. 7837 (25) An appropriation ordinance from Sewer Capital Project Fund for Step Two of Grant Application for Southeast Reclamation Plant Improvements. FORM L-2 ORDINANCE NO. 7837 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: Sewer Capital Project Fund The sum $23,500.00 For the following purpose: Grantees Share Expenses incurred by Parkhill, Smith & Cooper in processing Grant Engineering and Contengencies City's part of Step 2 of Grant Application for construction of digesters at Southeast Water Reclamation Plant. $19,640.00 2,525.88 1,334.12 $23,500.00 AND IT IS SO ORDERED Passed by the Council on first reading this 22nd day of March , 19 79 Passed by the Council on second reading this day of 19 183 79-38--183-334 (26) ATTEST: CITY SECRETARY-TREAS. MAYOR APPROVED AS TO FORM: VERIFIED BY: /s/Sterling K. Miller FINANCE OFFICER /s/John C. Ross, Jr. John C. Ross, Jr., City Attorney APPROVED BY: /s/Wilford D. Watson HEAD OF DEPT. This appropriation ordinance is in the amount of $23,349.83, which is the City's portion for engineering for these two digesters. The City has been notified that they have qualified for 85% of the construction grant rather than 75% because of the innovative use of the digester gas for generating power and heating for the digester. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7838 An approp_ziati_on ordinance_ from Sewer Capita_ 1 Project Fund for land acquisition for Southeast Reclamation Plant Improvements. FORM L-2 ORDINANCE NO. 7838 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 $14,500.00 For the following purpose: Purchase land for digesters at Southeast Water Reclamation Plant. AND IT IS SO ORDERED Passed by the Council on first reading this 22nd day of March , 19 79 Passed by the Council on second reading this 19 ATTEST: CITY SECRETARY-TREAS. day of MAYOR APPROVED AS TO FORM: VERIFIED BY:Mar iller FINANCE OFFICER /s/John C. Ross, Jr. John C. Ross, Jr., City Attorney APPROVED BY: /s/Wilford D. Watson HEAD OF DEPT. The referenced land is now under contract for digester contruction, and this appropriation ordinance in the amount of $14,500 is to complete the purchase of said land. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, 1 C3 ---� °Z - - 79-38-184-335 (27) 79-38-184-336 (28) Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Authorizing payment to Cooper Energy Service for engine generator repair at Southeast Reclamation Plant .. __. .., The dealer has completed an overhaul on the referenced engine generator at a cost of $45,524.67. Repair of this equipment will be funded from the maintenance portion of the Water Reclamation Budget; the large cost of repair will necessitate an overrun on the Water Reclamation Budget., requiring possibly a supplemental budget at a later date. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve payment as referenced. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 100 A resolution accepting water and sewer improvements in Bryan Park, Tracts "B" throught "F". RESOLUTION Resolution accepting water and sewer system improvements for Tracts "B" thru "F", Bryan Park Addition. WHEREAS, the developer of Tracts "B" thru "F", Bryan Park Addition have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $11,538.91 with the improvements constructed by Panhandle Construction Company having a value of $7,925.65 as determined by the unit prices established by said Chapter 34, and $3,613.26 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City by Day and Co., Inc., the developer, and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22nd DAY OF March ,1979. /s/ _Dirk West DIRK WEST, MAYOR i ATTEST: /s/ Evelyn Gaff a 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 79-38-184-337 Resolution No. 101 (29) A resolution accepting water_ and sewer in Tracts C-3 through C-5, Park Lorraine Addition. 185 RESOLUTION Resolution accepting water and sewer system improvements for Tracts C-3 thru C-5, Park Lorraine Addition. WHEREAS, the developer of Tracts C-3 thru C-5, Park Lorraine Addition have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $9,767.47 with the improvements constructed by Panhandle Construction Company having a value of $8,314.76 as determined by the unit prices established by said Chapter 34, and $1,452.71 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with Perfection Builders, the developer, to receive a refund of $1,923.54 in accordance with Chapter 34 of the Code of the City of Lubbock and a refund of deposit in the amount of $72.93 and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $1,923.54 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. 4. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22ndDAY OF March 19 79 /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary 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 79-38-185-338 Resolution No. 102 (30) A resolution accepting water and sewer in Lots__i through 126_, Ridgewood II Addition. -- - -- RESOLUTION Resolution accepting water and sewer system improvements for Lots I thru 126, Ridgewood II Addition. WHEREAS, the developer of Lots 1 thru 126, Ridgewood II Addition have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $61,530.37 with the improvements constructed by Panhandle Construction Company having a value of $56,802.85 as determined by the unit prices established by said Chapter 34, and $4,727.52 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, by Jerry Bradshaw, the developer, and, WHEREAS, the constuction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: M 79-38-186-339 (31) 1. THAT the improvements be and the same are hereby accepted as an ' integral part of the water and sewage system of the City of Lubbock. 2. THIS resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22nd DAY OF March ,1979. Ls/ Dirk West DIRK WEST, MAYOR ATTESTED: /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 Resolution No. 103 A resolution accepting water and sewer in Lots 1 through 66, April Park Addition. RESOLUTION Resolution accepting water and sewer system improvements for Lots 1 thru 66, April Park Addition. WHEREAS, the developer of Lots 1 thru 66, April Park Addition have compli d with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $69,913.52 with the improvements constructed by Panhandle Construction Company having a value of $65,032.81 as determined by the unit prices established by said Chapter 34, and $4,880.71 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with Roy A. Middleton, the developer, to receive a refund of $26,017.76 in accordance with Chapter 34 of the Code of the City of Lubbock, and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said imp have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $26,017.76 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22ndDAY OF March , 19 79 Isl Dirk West Dirk West, Mayor ATTEST: Isl Evel n Gaf£ a Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: Isl Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: Isl John C. Ross Jr. John C. Ross, Jr., City Attorney 187 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve the above referenced resolutions reflecting respective water and sewer improvements. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-187-340 Ordinance No. 7839 (32) An ordinance to abandon and close all easements in Lots 1,2,3,4,5, and 6, Whisperwood Addition and to abandon and close the cul-de-sac adjacent to said Lots 1 throe h 6 Whis erwood Addition. ^ ORDINANCE NO. 7839 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: THAT PORTION OF A CUL-DE-SAC STREET ADJACENT TO LOTS 1 THROUGH 6 (INCLUSIVE) WHISPERWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND ABANDONING AND CLOSING EASEMENTS DEDICATED TO THE PUBLIC WITHIN LOTS 1 THROUGH 6 (INCLUSIVE) IN SAID WHISPERWOOD ADDITION; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET AND PUBLIC EASEMENT PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. A preliminary replat of the area requesting abandoning of existing easements had been presented to the Planning and Zoning Commission; the plat was approved and submitted for first reading, with a recommendation that the second reading be approved when the final plat is ready for recording. The developer of the project has requested that solid waste pickup for Lots 1A-6B be from an existing east -west alley; that this method would have to be accepted as a permanent procedure because of the replat which does not have alleys or a public street and would allow any other type pickup; that in the event the homeowners organization disbanded or any other owner then not agreeing to the location of containers, the only other location would be from the front of the units; and that the residents still be required to pay the sanitation charge as set forth by the ordinance. The discussion at this time indicated that it would be more desirable for the developer to replat than to approve of the private homeowner organization assuming the sanitation pickup responsibility of solid waste material, and was suggested whether or not the developer would be agreeable to this. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to table further discussion and decision on this matter until the developer could be conferred with. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Later: Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to remove this item from the tabled status to allow for discussion and possible decision. Motion carrried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay. Appearance: Moe Turner, Developer Mr. Turner presented the proposed site plan and indicated that he was developing the area for construction of townhouses, said units to be placed on twelve lots; that the entire tract would have a security fence on the perimeter; that the respective lots would back up to the fence and he would prefer not to have the required easement at that location which the normal sanitation trucks used for solid waste pickup; that all water meters were to be located in clusters level with the surface of the lot; that there would be appropriate landscaping around these areas as well as other utility areas; that the worst thing that could happen in the event the homeowners organization broke down was for the residents occupying Lots 1-A and 2-A at the end of the tract adjacent to 2nd Street would have to walk down to the far end of the tract to place their waste in dumpsters; that the quality of these units would be such that the owners of same would take great pride in maintaining the premises and this particular responsibility. Following extensive discussion, motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass said ordinance on first reading; that the homeowners were to be required to pay the regular sanitation charge as set forth by the ordinance; that the fire line easement located east -west adjacent to 2nd Street also be declared an easement for utilities and garbage collection easements in the event that said easements are needed in the future, which would not alter the security fence plan by the developer. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-188-341 (33) 79-38-188-342 (34) Additionally, Council recommended to Director of Planning that possibly the P & z Commission would wish to formulate a policy addressing itself to this type of situation whereby homeowner associations wish to assume personal responsibility of certain public services in light of the fact that this is not the first request nor will this be the first and only situation existing of this type. Resolution No. 104 A resolution authorizing the acquisition of necessary right-of-way to CD Paving Program. JWF:hw RESOLUTION NO. 104 WHEREAS, it is necessary to make certain findings as hereinafter set forth to proceed with the Community Development Work Program of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock hereby finds and determines that it is necessary and in the public interest to proceed with Community Development Work Order Number 7819, and that additional right-of-way will be needed for paving programs in connection therewith. The acquisition of such necessary right-of-way as is needed to implement Community Development Work Order Number 7819 is hereby authorized, and such acquisitions shall be at the fair market value as established for such right-of- way in each instance. Passed by the City Council this 22nd day of March , 1979. /sl_Dirk West -_- ....---- DIRK WEST, MAYOR ATTEST: /s/ Evel n Gaff a 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 Fuilin im J. Worth Fullingim, Asst. City -Attorney This resolution authorizes the City Right -of -Way Department to proceed with acquiring the right-ofway needed for the 1979 Paving Program. There are five sub -units on the paving program that require right-of- way; this action fulfills one of the requirements of HUD. 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. Ordinance No. 7840 An ordinance for amending Chapter 11 of the Code of Ordinances (Ord. 2808) with respect to electric rates. ORDINANCE NO. 7840 AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ELECTRICITY", BY AMENDING SECTION 11-1 THEREOF WITH REGARD TO "DISCOUNTS" FOR COMMERCIAL AND SCHOOL RATES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Henry presiding. Section 11-1 of the Code needs to have a change of wording in order to clarify the existing rate. The 10% discount applies to energy charge only and not fuel cost; therefore that paragraph should read as follows: "Where primary metering is used, 10% will be deducted from the energy charge portion of all bills, except minimum monthly bills, provided that primary load is greater than secondary load." 1. 89 79-38-189-343 (35) The proposed change has been discussed with Southwestern Public Service and with LP&L, and both are in agreement. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. Resolution No. 105 A resolution authorizing agreement with Lubbock Cultural Affairs Council. JCR:cl RESOLUTION NO. 105 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 Cultural Affairs Agreement Between the City of Lubbock and the Lubbock Cultural Affairs Council, 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 22nd day of March ,1979. /s Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaf£ga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Jim Weston Jim Weston, Community Facilities APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney STATE OF TEXAS § AGREEMENT COUNTY OF LUBBOCK § This agreement between the City of Lubbock, a municipal corporation ("City"), and the Lubbock Cultural Affairs Council, a Texas non-profit corporation ("Council"), for the purposes and considerations hereinafter expressed: WITNESSETH: WHEREAS, Article 1269j-4.1, Vernon's Texas Civil Statutes, authorizes the City to levy by ordinance a hotel occupancy tax which may not exceed 4% of the consideration paid by a hotel occupant; and WHEREAS, Article 1269j-4.1, Vernon's Texas Civil Statutes, authorizes the City to provide for the use of one -eighth of the revenue derived from its hotel occupancy tax for the encouragement, promotion, and improvement of all forms of arts; and WHEREAS, there is now on deposit in the City's General Fund $50,708.00 (the "Funds") representing that portion of the hotel occupancy tax to be disbursed for the encouragement of the arts as heretofore stated and collected by the City on or before September 30, 1978, for the fiscal year ending that date: WHEREAS, the Council comprised of a cross-section of those interested in and participants of the Lubbock arts community, has proposed certain Guidelines (hereinafter "Guidelines" that are attached hereto as Exhibit A made a part hereof and incorporated by reference herein for all purposes) provided for the formation of a Review Committee to recommend to the City how the Funds should be distributed: NOW COME, THEREFORE, the City and the Council agree as follows: 1. The City does hereby adopt, ratify and affirm the Guidelines attached hereto and the procedures set forth therein. 2. The City agrees to pay to the Council the $50,708.00 herein hpfnrp rpfprrpd to in thrPP Pnnai inGtg11mPntc of S1F,.4f17_.ilf1_ the first 190 installment to be paid upon the signing of this agreement, the second on or before August 15, 1979, and the third on or before November 15, 1979. 3. From the first installment paid by the City, $2,522.10 may be deposited by the Council in its operating account and used to cover the estimated administrative costs of the disbursement of the Funds. The balance of that installment and all other installments shall be deposited pending disbursal to application grantees in an interest bearing account at a depository of the Council's choosing. The principal amounts of the installments only shall be expended as approved, with the interest being rebated to the City at the end of the term of this agreement (or sooner at the convenience of the parties). 4. The Funds shall be disbursed to application grantees in accordance and only in accordance with the Guidelines attached hereto. 5. If the Review Committee as created in the Guidelines approves applications for grants in excess of the amounts disbursed by the City, but less than the total amount of $50,708.00, the City, in its discretion, may advance the additional amount requested prior to the scheduled installment payment date as herein before set forth. i b. The Council shall keep careful books and records as to the administrative costs of the disbursement of the Funds and as to the disbursement of the Funds themselves, how they are spent by the application grantees, shall allow access to the books and records to City representatives at any time, and shall make at least quarterly reports to the City. 7. The Council shall allow the City's duly employed certified public accountants to audit the use of the Funds and shall be responsible for the cost of the audit (which may be paid from the Funds). 8. The Council does hereby indemnify the City from any liability arising out of the disbursement and use of the Funds including but not limited to any cause of accident or claim arising at events made possible or partially possible by the Funds, and agrees to hold the City harmless therefrom. 9. This agreement expires December 31, 1979. Executed this 22nd day of March, 1979. The City of Lubbock By: /s/ Dirk West Dirk West, Mayor Attest: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary Lubbock Cultural Affairs Council Approved as to form: By: s/ B rnie Bass Byrnie Bass, President /s/ John C. Ross Jr. John C. Ross, Jr., City Attorney The document accompanying the resolution which consists of two parts: The first part is an actual contract which outlines the payments to be made by the City to the Cultural Affairs Council, and reflects the following features: A. Legal authority for the City of Lubbock to levy and collect monies from a hotel occupancy tax to be allocated for artistic endeavors. B. The City of Lubbock now has on hand $50,442 which is avail- able to be distributed to various artistic endeavors. (These are funds allocated for the arts, collected from the Hotel - Motel Tax from October, 1977 through September 30, 1978.) C. Payment schedule of three payments of $16,814 each. Of the first payment, $2,522.10 may be used by the Cultural Affairs Council for administrative costs. 191 i W D. The remaining funds will be deposited in interest earning accounts. E. The Cultural Affairs Council will keep the records, and the City's outside auditors will audit the books, and payment for the audit will come from the Arts Fund. F. Provides a hold harmless clause. Part two of the document consists of proposed guidelines which provide the explanation of the mechanism for delivery or recommendations to the Council, and reflect the following features: A. Philosophy of the "Lalor Bill" and the Cultural Affairs Council; B. Outlines procedures for applications, awards, accounting, and other facets related to the mechanism for delivery of funds; C. The City Council is to appoint two members to the review committee. The Cultural Affairs Council will submit recommended projects to the City Council for approval prior to awarding any funds for a specific project. The Cultural Affairs Council will handle all reviewing and publication procedures. Approval of a proposed art project will require only majority vote. Motion was made by Mayor Pro Tem. Henry, 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. 79-38-191-344 Resolution No. 94 (36) Amended agreement with B & M Vending Company regarding concessions at swimminpools, and authorizing the Ma or to execute same. LGB:hw RESOLUTION NO. 94 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 22nd day of March ,1979. _/s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Even 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 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: 12 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, 30 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. A reement Term. This agreement shall commence April 1, 1979, and terminate March 31, 1982. 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. 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: CITY OF LUBBOCK City Secretary -Treasurer DIRK WEST, MAYOR APPROVED AS TO CONTENT: /s/ Jim Weston Director, Community Facilities APPROVED AS TO FORM: /s/ Leon Bean Asst. City Attorney B & M VENDING COMPANY By: /sj_ Gene Roberts Gene Roberts General Manager At the request of the Council, Director of Purchasing Floyd Nesbitt conferred with the owner of B & M Vending in regard to his request for a reduction in the percentage of gross sales to be paid to the City; that this is for a five-year period of time beginning April 1, 1978, and is for the concession rights at the five swimming pools. The parties agreed on a commission rate of 30%. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said resolution authorizing execution of the amended agreement. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-193-345 Resolution No. 106 (37) A resolution authorizing the Mayor to execute correction instrument removing cloud of title held by City on West 50' of Lot 10, Block E. Butler Estates Addition. LGB:hw RESOLUTION NO. 106 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 correction instrument removing cloud of title held by the City on the West 50' of Lot 10 Block E, Butler Estates Addition to 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 22nd _day of _ March /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Leon Bean Leon G. Bean, Asst. City Attorney 1979. NOTE: Correction Instrument filed with Original Resolution No. 106 entitled "CORRECTION DEED W 1/2 - 9, Lot 10 Blk E, Butler Estates (Urban Renewal)". The problem existing here resulted from Mr. J. D. Badley attempting to sale a tract of land which includes the west 50' of Lot 10, Block E, Butler Estates Addition and upon which a lien had been placed by the City. Investigation reflected that the Urban Renewal Agency had placed a lien upon adjacent property and had inadvertently included Mr. Badley's property. The Urban Renewal Agency uses private attorneys on a retainer basis and does not involve the City's Legal Department in their transactions. The title company has filed with the City a letter indicating the technical data as to the preparation and recording of the instruments on the property in question, that Mr. Badley was the sole owner of the referenced property at all times and was not a part of the trans- action involving the Urban Renewal Agency. It has been clearly established through investigation that a correction instrument removing the cloud of title from Mr. Badley's property is necessary. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said resolution authorizing the correction instrument. 194 79-38-194-346 (38) 79-38-194-347 (39) Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. Z841 An ordinance regarding local sales and use tax as authorized by State Law. DGV : hw ORDINANCE NO. 7641 AN ORDINANCE RETAINING THE TAXES IMPOSED BY THE LOCAL SALES AND USE TAX ACT ON THE SALE AND DISTRIBUTION OF GAS AND ELECTRICITY FOR RESIDENTIAL USE WITHIN THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The Legislature enacted legislation that would allow cities to "exempt" residential consumers of electricity and gas utilities from paying City sales tax on these utilities. For City Councils to continue this local sales tax on utilities, they must adopt an ordinance continuing the tax prior to May 29, 1979. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 107 An a22lication of Lawrence Barker Jr. for oil and gas well drilling permit for LuLain Estate No. 3. JWF:hw RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the CITY MANAGER of the City of Lubbock BE and is hereby authorized 11 and directed to execute for and on behalf of the City of Lubbock an oil and gas well drilling permit to Lawrence Barker, Jr., for the Lulain Estate No. 3, 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. 11 Passed by the City Council this 22nd day of March ,1979.I Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Ga€fga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ J. Worth Fullin im J. Worth Fullingim, Asst. City Attorney OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENT; COUNTY OF LUBBOCK § 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 Lawrence Barker, Jr. This Permit is issued with the understanding that Chapter 19A of the Code of Ordinances of the City of Lubbock shall be complied with and this Permit is continued upon such compliance. 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 22nd day of March1979. CITY OF LUBBOCK Isl La LARRY CUNNINGHAM, CITY MANAGER LAWRENCR RARKRR JR 13VPMTTWV 195 The request for the oil and gas drilling permit is in compliance with the Code of Ordinances, Chapter 19A. The requested site is north of the Lubbock Country Club. The LuLain Estate No. 3 is a followup of the LuLain Estate No. 1 and No. 2; LuLain No. 1 is now producing oil wells; LuLain No. 2 has been plugged and abandoned; the appropriate permit fee of $250 has been paid; a bond in the minimum amount of $25,000 has been filed with the City Secretary, as has the appropriate certificate of insurance, all as required by the appropriate ordinance. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to approve the application of Mr. Barker and to grant permission to issue an oil and gas well drilling permit for LuLain No. 3. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Council- men Aderton and McAlister voting Yea; none voting Nay. 79-38-195-348 Resolution No. 108 (40) A resolution authorizing the Mayor to execute stipulation with Southwestern_ Public Service Company in Bailey County to Rrotect City Water rights. 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 Stipulation and Disclaimer with Southwestern Public Service Company relative to No. 4294, Proceedings in Eminent Domain in the 154th District Court of Bailey County, 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 22nd day of March /s/ Alan Henry Alan Henry, Mayor Pro Tem ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney *NOTE: Original document filed with Original EMINENT DOMAIN . Mayor Pro Tem Henry presiding. ,1979. Resolution No. 108, entitled "PROCEEDINGS IN Southwestern Public Service is building a railroad and power line across League 206, Ochiltree County School land in Lamb and Bailey Counties; the City has some water rights there and as a result was involved in the condemnation suit. Investigation by the Legal Department indicates that this matter will not affect the City's water rights operation, and for its protection the execution of a stipulation is recommended, which contains language to protect its water rights in return for the City's disclaimer to any proceeds of the condemnation award. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution authorizing the execution of the stipulation. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. 79-38-195-349 Resolution No. 109 (41) A resolution authorizing the Mayor to sign an application and contract for Section 5 Operatin& Assistance Amendment under the Urban Mass Transportation Act for 1977-78. RESOLUTION RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR GRANT UNDER THE URBAN MASS TRANS- PORTATION ACT OF 1964, AS AMENDED, FOR AMENDMENT TO THE GRANT FOR FY 1977-78. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; 196 WHEREAS, the contract for financial assistance will impose certain upon the applicant, including the provision by it of the local share of project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VT of the Civil Rights Act of 1964, that in connection with the filing of an application for assist under the Urban Mass Transportation Act of 1964, as Amended, the appl give an assurance that it will comply with Title VI of the Civil Righ Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be establishe and administered to insure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT the MAYOR is authorized to execute and file applications on behalf of the City of Lubbock with the U.S. Department of Transportation, for amendments to the original grants to aid in the financing of operating assistance projects pursuant to Section 5 of the Urban Mass Transportation Act of 1964, as amended, for the fiscal year 1977--78. 2. THAT the MAYOR is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. THAT JOHN L. WILSON, Transit Coordinator, is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the applications or the project. 4. THAT the MAYOR is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. 5. THAT the MAYOR is authorized to execute grant contract agreements on behalf of the City of Lubbock with the U.S. Department of Transportation for aid in the financing of the operating assistance projects. Passed by the City Council this22ndday of March ,1979. /s/ uirk West DIRK WEST, MAYOR ATTEST: /s/_Evelyn Gaffga �T Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ John L. Wilson John L. Wilson, Transit Coordinator APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney UMTA Regional Office made a mistake. Section 5 of the Operation Assistance Contract for the FY 1978 was less than the incurred expenses, and an amendment to the contract is necessary, which will allow the City to receive an additional $1,784. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution and authorizing the amended application to the contract. Motion carried: Mayor West, Mayor Pro Tem Henry, Council- woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 197 79-38-197-350 Request of the South Plains Council of the Boy Scouts of America to use (42) Maxey Park for a camporee. The Boy Scouts have had an annual camporee in Maxey Park since 1974; the date for this year's camporee is April 27-29, 1979. The Code provides for a curfew on all parks, except Mackenzie; therefore the Council must waive the Code provision to allow for this event. The Parks and Recreation Board has recommended approval of this activity. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to grant the request of the South Plains Council of Boy Scouts. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-197-351 Resolution No. 110 (43) A resolution authorizing Mayor to execute_ a Release of Lien (Lot 17, Block 5 Harlendale Addition.) 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 release of a water pro rata lien to Bryan and Wildring Edwards for Lot 17, Block 5, Harlendale Addition to 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 22nd day of March ,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney *NOTE: Original document attached to Original Resolution No. 110. The owners of this property paid the water pro rate lien in 1973, and a release was inadvertently omitted. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said resolution authorizing execution of the release of lien. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-197-352 Consider bond marketing schedule and_ amount for the 1979 series. (44) The legal obstacles have been cleared which resulted from the City's validation attempt so that the amount of the sale can be determined and the marketing schedule selected. The staff is recommending a sale of $8.80. Prior to the Council's discussion and decision with respect to the 1979 series, the City Manager desired to make a presentation of the overall financial condition and projection. He indicated that his report was not complete at this time and requested continuation of this item until the April 12, 1979 Council meeting. Appearance: James Marshal Mr. Marshal presented a lengthy document to the Mayor, who in turn directed it to the attention of the City Attorney, who in turn asked the City Secretary to place it on file. (The document is on file in the Office of City Secretary and will not be reproduced in the minutes.) 79-38-197-353 Consider accepting the Roof Repair on Tax Office and authorizing final (45) payment to the contractor. The total cost for this item was $7,972; the final payment is $797.20. 198 Motion was made by Councilman Aderton, seconded by Councilman McAlister to authorize final payment. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 8-354 Resolution No. 111 - Bid No. 5264 Bid No. 5264 for three (3) submers equipment (Sandhills Well Field). )s and miscellaneous electric and authorize contract. 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 for Bid No. 5264 for acquisition of three submersible pumps and miscellaneous el ctrical equipment in the Sandhills Well Field, 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 22nd day of March 91979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /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/ J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney *Contract for Bid No. 5264 is filed with Resolution No. 111. Low Bidder Austin Pump Sales, Lubbock Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve said bid and resolution, authorizing the Mayor to execute the contract related to the referenced bid. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-198-355 Ordinance No. 7842 (47) An ap2ropriation ordinance from Water Capital for purchase of pumps and motors for Sandhills Well Field. (Bid No. 5264) ORDINANCE NO. 7842 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Water Capital Project Fund The sum $15,120.00 For the following purpose: Purchase and installation of 3 well pumps and motrs and additional electrical equipment in Sandhills Weil Field. II Low Bid $14,264.00 City Costs 856.00 Total $15,120.00 AND IT IS SO ORDERED 19 Passed by the Council on first reading this 22ndday of March ,1979. Passed by the Council on second reading this day of ,1979. DIRK WEST, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer VERIFIED BY: � ,ISterling K. Miller ^ FINANCE OFFICER APPROVED AS TO CONTENT: /s/ Wilford D. Watson APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney This appropriation ordinance is in the sum of $14,264, the estimated cost for the above items listed in Bid No. 5264. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-199-356 Resolution No. 112 - Bid No. 5265 (48) Bid No. 5265 for 1979 Street Maintenance Program and Miscellaneous Paving Program (Engineering Department), and authorize contract. 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 for Bid No. 5265 for the 1979 maintenance program and miscellaneous paving project (GWO 3238), 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 ATTEST: 22nd day of March ,1979. /s/ Dirk West DIRK WEST, MAYOR Is/ Evelyn GaffRa Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson_ _ Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s(. J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney *NOTE: documents filed with Original Resolution No. 112, entitled "CITY OF LUBBOCK, TEXAS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 1979 MAINTENANCE PROGRAM AND MISCELLANEOUS PAVING PROJECT G.W.O. 3238". goo Low Bidder W. D. Turner Contruction, Co., Lubbock Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve referenced bid and pass said resolution authorizing the execution of the contract related to Bid No. 5265. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-200-357 Bid No. 5247 for turbine water meters - various sizes (Public Works Dept.). Item 1 Viking Supply Corporation, Dallas Items 2,4 Clowe & Cowan, Inc., Lubbock Items 3,7 Rockwell Manufacturing Company, Houston Items 5,6 Neptune Meter Company, Dallas 79-38-200-358 Bid No. 5258 for miscellaneous electric items (Warehouse Stock). (50) Items 1,4 Temple, Inc., Lubbock Item 2 Nelson Electric Supply Company, Lubbock Item 3 General Electric Supply Company, Lubbock Items 5,6 Fields and Company, Lubbock 79-38-200-359 Bid No. 5261 for galvanized 212e - various sizes (Warehouse Stock). (51) Item 1 L. B. Foster Company, Lubbock Item 2 Item 3 Morrison Supply Company, Lubbock Fields & Company, Lubbock 79-38-200-360 Bid No. 5268 for miscellaneous water items (Warehouse Stock). (52) Items 1,10 Clowe & Cowan, Inc., Lubbock Items 2--9, incl. Western Industrial Supply Company, Lubbock 79-38-200-361 Bid No. 5254 for three (3) 15 KV vacuum switches (Electric Distribution). (54) Low Bidder Trayer Engr. Corp., San Antonio Motion was made by Councilwoman Jordan, seconded by Councilman McAlister 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. 79-38-200-362 Resolution No. 113 - Bid No. 5270 (53) Bid No. 527.0_for pickup and storage of abandoned automobiles (Police Department), and authorize contract. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Abandoned Vehicle Removal Agreement for the time period of April, 1979 and thru April 1980, attached herewith which shall be spread upon the minutes of the Counci and as spread upon the minutes of this Council shall constitute and be a par of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of March ,1979 /s/ Dirk West DIRK WEST, MAYOR 01 Ab.0 ATTEST: /s/ Evelyn Ga_ffga _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Leon G. Bean Leon G. Bean, Assistant City Attorney *NOTE: Agreement is attached to original Resolution No. 113. Low Bidder . Perkins Wrecker Service, Lubbock Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve referenced bid and pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-201--363 A22ointments to the Community Services Commission. (55) To comply with the new Federal guidelines, the Council passed Ordinance No. 7808 on February 22, 1979, reducing the members of the Community Services Commission to 15. At that time it was recommended by Administration that as a term of office expired in the respective areas, that consideration be given at that time whether or not to reappoint a subsequent member. At the February 29, 1979 meeting of the Commission, they made the following recommendations: Public Sector: The term of the City Fire Department representative and the City Council representative was subject to renewal, as well as the term for the Lubbock County representative. Private Sector: The representative of LULAC was subject to appointment; the representative of Central Labor Council should be eliminated; a representative from the East Lubbock Ministers Association should be appointed; the representative of the Lubbock Chamber of Commerce be eliminated and in its position, a representative from Lubbock Christian College should be appointed. Electric Representatives: It was recommended that Areas III and IV be combined, Mr. R. S. Stanley, representative for Area No. IV, continue until his term expires March 31, 1980. The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry that the representative for the City Fire Department and the representative for the City Council be consolidated, and they requested Councilman Bud Aderton to fill this position for a two-year term; that Judge Rod Shaw be reappointed to represent the Lubbock County; that LULAC appoint their own representative for a two-year term to expire March 31, 1981; that the East Lubbock Ministers Association appoint their own representative for a two-year term, to expire March 31, 1981, and that a representative from Lubbock Christian College be appointed for a two-year term, to expire March 31, 1981; that elected representatives from Areas III and IV be consolidated, and that Mr. R. S. Stanley represent both areas, his term expiring March 31, 1980. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-201-364 Appointment to Electric Utilities Board. Mayor Pro Tem Henry presiding. Mr. Joe Horkey, appointed February 22, 1979, was enable to accept the appointment due to conflict of interest. This position fills the unexpired term of Dr. George Meenaghan, said term expiring June 30, 1979. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to appoint Lee Stafford, 4509 - 9th Street, Lubbock (792-4598), to fill the unexpired term of Dr. George Meenaghan, said term expiring June 30, 1979. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. There being no further business to come before the Council, the motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to adjourn. Motion carried: Mayor West, Mayor Pro Tem Henry, Council- woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.