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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/10/1979MAY 1019i REGULAR CITY COUNCIL MEETING MAY 10, 1979 The City Council of the City of Lubbock, Texas, met for its regular meeting on Thursday, May 10, 1979, at 9:30 a.m. in the Council Chambers, second floor, City Hall. Those present: 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 79-38-273-486 The invocation was given by Denzel Percifull, Director of Public Services. ( 1) 79-38-273-487 The Pledge of Allegiance to the Flag was given in unison by those present in ( 2) the Council Chambers. 79-38-273-488 Approval of Minutes - Regular Meeting, April 26, 1979 The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve said minutes with corrections. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-273-489 Board A220intment ( 4) Gilbert Flores, Human Relations Commission 79-38-273-490 Proclamations ( S) "Municipal Clerk's Week" - May 13-19, 1979 Receiving: Evelyn Gaffga, City Secretary "Transportation Week" - May 13-19, 1979 Receiving: _Art Engberg Geor&Wahl James King Marvin Marcell Janie Sims Bill Edmondson "Respiratory Therapy Week" - May 13-19, 1979 Receiving: Marcia Black Richard Weems "Salvation Army Week" - May 13-19, 1979 Receiving: Captain Phillip Murphy "Municipal Finance Week" - May 13-17, 1979 "Savings and Loan Week" - May 13-18, 1979 "Banking Week" - May 20-26, 1979 Receiving: Jay Lutz, Assistant Director of Center for Professional Development "Take Off The Door Week" - May 21-27, 1979 Receiving: R.9-y Voyles "National Run For Life Day" - May 19, 1979 Receiving: Bill Tinney Junior Officer of the Quarter - Reese Air Force Base First Lt. Larry Simmons 79-38-273-491 Re resentati ( 6) present the of the Citizens Traffic Commission lowing recommendatinnc- a. That st at the ,ns be installed sections of Rale 11 appear to 16th 17th and 18th Street Avenue. Residents on West 16th Street presented a petition to the Citizens Traffic Commission to have a stop sign installed on 16th Street and Raleigh Avenue. The Traffic Engineering staff noted that stop signs were possibly more justified on 18th Street than on 16th Street as requested by the residents; the staff recommended a stop sign at 16th Street 2'74 N 1 0 1979 79-38-274-492 ( 7) 79-38-274-493 ( 8) 79-38-274-494 ( 9) and Raleigh as well as 17th and 18th Streets and Raleigh in the interest of uniformity and because intersections in the immediate area have stop signs for the east -west traffic. b. That a 3-way stop sign be installed at the intersection of 77th Street and Quinton Avenue. Residents in Quaker Heights requested stop signs at the "T" intersection of 77th Street and Quinton Avenue; that this is the primary entrance into the subdivision and ca considerable traffic including construction vehicles; that the school bus stops at the intersection; and many children use the intersection on their way to the party house and swimming pool. Traffic Engineering Department recommended against the placement of these stop signs, but the Commission voted that the stop signs should be installed at all three approaches at the intersection. Mr. Glad Norman, Chairman of the Citizens Traffic Commission, appeared before the Council and recommend: (a) that stop signs be installed at 16th, 17th and 18th Streets and Raleigh Avenue pursuant to the Traffic Engineering Department's recommendation; (b) that stop signs be installed at all three approaches at the intersection of 77th Street and Quinton Avenue. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to uphold the Commission's recommendations authorizing installation of stop signs as referenced above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting; Nay. Ordinance No. 7848 - Zone Case No. 2228 Request of Jack Geddes for Bobby Day) to chap e a tract of land out of Section 7 Block E-2 City of Lubbock Lubbock County,Texas from "R-2" to "A-1" Zoning District. (Located North of 64th Street and West of Hartford Avenue.) LGB:cl ORDINANCE NO. 7848 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP �I OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2228; CHANGE A TRACT OF LAND OUT OF SECTION 7, BLOCK E-2 CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-1 ZONING DISTRICT; SUBJECT TO A CONDITION7; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 7849 - Zone Case No. 2229 Request of 78, Block A to "R-2" Zo North of Su LGB:cl R. J. O'Hair to ch; a tract of land out of City of Lubbock Lubbock County,Texas from ng District. Located West of Amarillo Hi hw et Lane.) Section "R-111 av and ORDINANCE NO. 7849 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. 2229; CHANGE A TRACT OF LAND OUT OF SECTION 78, BLOCK A 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. Ordinance No. 7850 - Zone Case No. 2230 Request of FairX McChristion to change Lots 18, 19 and 20 Block 1 Bozeman Heights Addition City of Lubbock Lubbock Countyz Texas from "R-1" to "A-2" Zoning District. Located North of Parkway Drive and West of Guava Avenue). LGB:cl ORDINANCE NO. 7850 II 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. 2230; CHANGE LOTS 18,19 AND 20, BLOCK 1, BOZEMAN HEIGHTS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION'. MAY 1 0 1979 79-38-275-495 Ordinance No. 7851 -- Zone Case No. 1662-B (10) 79-38-275-496 (11) 79-38-275-497 79-38-275-498 (13) Request of John A. Fl are (for Garmon Walden) to change Block 9 and 10 C. N. Hodges Addition City of Lubbock Lubbock Count Texas from "A-2" to "C-4" Zoning District. (Located South of 54th Street and West of Avenue H.) LGB:cl ORDINANCE NO. 7851 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. 1662-B; CHANGE BLOCKS 9 AND 10, C.N. HODGES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-2 TO C-4 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 7852 and 7852-A - Zone Case No. 2216 Request of Gordon Thom son for KFYO Inc.) to change a tract of land out of Section 11, Block E-2, City of Lubbock, Lubbock County, Texas from "R-1" to "R-1" Specific Use and "C-2" Zoning Districts. (Located North of 82nd Street and East of Quaker Avenue.) LGB:hw ORDINANCE NO. 7852 AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIFIC USE PERMITS, TO -WIT: ZONE CASE NO. 2216; CHANGE A TRACT OF LAND OUT OF SECTION 11, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-1 SPECIFIC USE PERMIT; CHANGE A TRACT OF LAND OUT OF SECTION 11, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 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. LGB:hw ORDINANCE NO. 7852-A AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2216; CHANGE A TRACT OF LAND OUT OF SECTION 11, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 7853 - Zone Case No. 1893-B Request of Burl Masters to change a tract. of land out of Section 2 Block J-S City of Lubbock Lubbock County,Texas from "R-1" to "R-211, "C-2 ", "C 3", "A-1" and "R-1" Specific Use Zoning Districts. LGB:hw ORDINANCE NO. 7853 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. 1893-B; CHANGE TWO TRACTS OF LAND OUT OF SECTION 2, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY AUTHORIZING THE ISSUANCE OF SPECIFIC USE PERMITS THEREON PURSUANT TO SECTION 22.3-14 OF ORDINANCE NO. 7084; CHANGE THREE TRACTS OF LAND OUT OF SECTION 2, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY AUTHORIZING THE ISSUANCE OF SPECIFIC USE PERMITS THEREON PURSUANT TO SECTION 22.3-2 OF ORDINANCE NO. 7084; CHANGE EIGHT TRACTS OF LAND OUT OF SECTION 2, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DISTRICT; CHANGE ONE TRACT OF LAND OUT OF SECTION 2, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-3 ZONING DISTRICT; CHANGE FOUR TRACTS OF LAND OUT OF SECTION 2, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-2 ZONING DISTRICT; CHANGE TWO TRACTS OF LAND OUT OF SECTION 2, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; ALL TRACTS BEING 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. Ordinance No. 7854 Ordinance designating a one 58th Street and 60th Street Avenue. r for vehicular ti from El:tin fic betwe to Canton LGB:hw ORDINANCE NO. 7854 AN ORDINANCE DESIGNATING AS A ONE-WAY ALLEY FOR VEHICULAR TRAFFIC THE EAST -WEST ALLEY BETWEEN 58TH STREET AND 60TH STREET EXTENDING FROM ELGIN AVENUE TO CANTON AVENUE AS DESCRIBED HEREIN; DESIGNATING THE DIRECTION OF VEHICULAR TRAFFIC; AUTHORIZING THE PLACING OF SIGNS; PRESCRIBING A PENALTY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT ALLEYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ONE-WAY ALLEY ORDINANCES; PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. 276 p W 10 1979 U � O C1 U o m m 7, U A •4 d a�i M co •H 0 L Ln 00 0 U �d .H Ln ,pLn 0 0000 79-38--276-499 Ordinance No. 7855 (14) An ordinance amending the tan ua a of Article XII Cha ter 2 Section 2-100 to alter the number of consecutive years and number of total ears that an individual representative of the poor or 2rivate groups may serve on the Community Services Commission. DGV:hw ORDINANCE NO. 7855 AN ORDINANCE AMENDING ARTICLE XII, CHAPTER 2, OF THE CODE OF ORDINANCES11 OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTION 2-100, PARAGRAPH (b) AND PARAGRAPH (c) SO AS TO ALTER THE NUMBER OF CONSECUTIVE YEARS AND THE NUMBER OF TOTAL YEARS THAT AN INDIVIDUAL REPRESENTATIVE OF THE POOR OR OF PRIVATE GROUPS AND INTERESTS MAY SERVE ON THE COMMUNITY SERVICES COMMISSION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 79-38-276-500 Ordinance No. 7856 (15) Aggropriation ordinance for installation of 2" gas supply line at SE Water Reclamation Plant(Sanitary Sewer Capital Project Fund). JCR:cl ORDINANCE NO. 7856 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 $4,309.75 For the following purpose: Install 2" gas supply line of S.E. Water Reclamat Plant. AND IT IS SO ORDERED Passed by the Council on first reading this 26th day of A ril ,1979. Passed by the Council on second reading this loth day of Max,1979. West DIRK WEST, MAYOR ATTEST: Is/ tiary C. Gonzales, Deputy City Sec. For 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 VERIFIED BY: /s/ Sterling K. Miller FINANCE OFFICER The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass the above referenced ordinances on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Lon fy- wI MAY 1011 4W up EP am an 79-38-277-501 Ordinance No. 7857 (16) Appropriation ordinance for costs of equipment and escalation clauses on eight contracts (Electric Light_ and Power Revenue Bond Fund). AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND The sum $59,219.31 For the following purpose: Supplemental to work orders for cost over -runs caused by purchase of equipment with price in effect at time of shipment. ORD# WO# 7088 12415 7090 7091 7094 7074 12433 7107 12434 COST OVER RUN ORD# WO# 4,229.66 1,470.00 1,966.39 7108 12435 AND IT IS SO ORDERED COST OVER RUN Passed by the Council on first reading this 26th day of April, 1979. Passed by the Council on second reading this loth day of May, 1979. /s/ Dirk West MAYOR ATTEST: /s/ Mary C. Gonzales, Deputy City Sec. VERIFIED BY: CITY SECRETARY -TREASURER For Evelyn Gaffga, City/Sec Treas. APPROVED BY: Mayor Pro Tem Alan Henry presiding. 44,818.81 /s/ Sterling K. Miller FINANCE OFFICER /s/ Bill Wood HEAD OF DEPT. DEPT. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. 79-38-277-502 Resolution No. 149 (17) A resolution authorizing the Mayor to execute a certification agreement for railroad crossing signals and gates at East 34th Street and_Quirt Avenue. RESOLUTION NO. 149 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 Certification Statement with the State Department of Highways and Public Transportation for the installation of railroad crossing warning devices at E. 34th Street and Quirt Avenue, 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 _ day of DIRK WEST, MAYOR ATTEST: ,1979. Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: APPROVED: /s/ John C. Ross, Jr. Jim Bertram :78 1 0 1979 This matter was tabled at the regular City Council Meeting of April 26, 19790 and reappears for consideration. The Highway Department approved the installation of signals and gates under j the 1979 Traffic Signal Program at the crossing of East 34th Street and Quirt Avenue, for the designated sum of $65,000, of which the City's portion' would be $3,200. .� The residents of East Lubbock had expressed disapproval of this proposed matter and Mr. Jim Bertram, Director of Planning, agreed to meet with them and discuss the matter, said meeting taking place May 8, 1979 at the Mae Simmons Community Center. Mr. Bertram appeared before the Council to report on the discussion and results of that meeting, to -wit: The residents of East Lubbock clearly expressed their feelings about the matter and indicated that they did not want the installation of signals and gates at this particular crossing for the reason that it would interfere with the traffic flow into the central area of Lubbock, that it was a diversionary tactic to avoid securing an underpass or overpass of the railroad crossing in a similar area nearby; that they requested thatthesE funds not be used at any other location in the City of Lubbock, and requested that the Council and staff report back to them within 45 days an alternate solution to this problem particularly with reference to the proposed underpass/ overpass. i Mr. Bertram indicated that the situation is then this: If this money is rejected, it will go back into the state-wide "hopper" and possibly an alternate location for the installation of safety devices at a railroad crossing could be selected through their state-wide rating system, i.e., at Brownfield Highway and Quaker or a similar hazardous crossing, and he was not supportive of the East Lubbock residents' request to not use the funds elsewhere; that possibly funds would be available for a feasib lity study through the Office of Traffic Safety whereby the appropriate solution for this particular area could be determined; however, this could not be accomplished within the 45 days requested time; that the proposed overpass or underpass would be no doubt the ideal solution, but the cost involved would be in the area of $3M and this is not foreseen in the near future. He did say that the Santa Fe Railroad did recommend a grade separation at this location and would be willing to participate to the extent the law allows, but did not specifically indicate what sum of money was involved.. The ensuing discussion by Council members indicated the reticense of some to lose the proposed amount of money ($65,000); the hesitancy to impose upon the residents of East Lubbock something they did not want by authorizing the installation; the value of a feasible study as recommended by Mr. BertramN the pros and cons of the state-wide rating system whereby another location could be selected to expend these monies; and the possibility of using Community Development funds for such a study should other resources fail. Mr. George Scott was in the Council Chamber and was requested to speak to this matter; he declined to do so. The motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister 11 to decline the funds offered by the Highway Department based on the discussion and feelings of the residents in that area; that crossarms not to be installed at the request of the residents of that area; that the Staff be directed to initiate a study at the earliest possible time of a grade separation, exploring all possible sources available, including bond funds, for the construction of a grade separation at the intersection of East 34th Street and Quirt Avenue; and that a progress report be made by the Staff at the end of the 45-day period, as requested by the East Lubbock residents. Motion carried: Mayor West, Mayor Pro Tem. Henry, Councilman Aderton and McAlister voting Yea; Councilwoman Jordan voting Nay. The City Manager was instructed to correspond with the East Lubbock residents reflecting the action taken on this date. u 79-38-278-503 Ordinance No. 7859 (18) An ordinance establishing uniform policy of the issuance of "code enforcement search warrants." LGB:cl ORDINANCE NO. 785 AN ORDINANCE CREATING A CHAPTER IN THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK, NUMBERED 2A AND TITLED "CODE ENFORCEMENT SEARCH WARRANTS", REPEALING THOSE PROVISIONS IN THE CODE MAKING THE REFUSAL TO PERMIT A WARRANTLFSS SEARCH A MISDEMEANOR, MAKING IT A MISDEMEANOR TO INTERFERE WITH THE EXECUTION OF A SEARCH WARRANT, PROVIDING DEFINITIONS, AUTHORIZING THE ISSUANCE AND EXECUTION OF SEARCH WARRANTS, ESTABLISHING WHEN SEARCH WARRANTS ARE NOT REQUIRED, REQUIRING PROBABLE CAUSE, REQUIRING A SWORN AFFIDAVIT, REQUIRING CERTAIN FORMALITIES, PROVIDING THE MANNER IN WHICH SEARCH WARRANTS ARE r L MAY 1 0 1975 79-38-279-504 (19) e TO BE EXECUTED AND NOTICE GIVEN, ESTABLISHING THE TIME DURING WHICH A SEARCH WARRANT MAY BE EXECUTED, AUTHORIZING THE EXECUTING INSPECTOR TO SEEK ASSISTANCE IN EXECUTING THE SEARCH WARRANT, PROHIBITING THE SEIZING OF TANGIBLE GOODS OR THE MAKING OF ARRESTS, PROVIDING THE MANNER IN WHICH A RETURN IS MADE, PROVIDING FOR THE KEEPING OF RECORDS, PROVIDING FOR NO CONFLICTS WITH OTHER LAWS; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE, PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In determining an approach -for the Housing and Building Inspection Departments to be able to provide inspections on sealed buildings, or where property owners refuse to allow inspections, the Legal Department has determined that it would be beneficial to have an ordinance whereby search warrants are made available to the respective inspector for the purpose of entering premises that are suspected of being in violation of building, electrical or plumbing codes, said warrants to be issued by the Municipal Judge. This is primarily for sub -standard housing and would be used with discretion and in conjunction with the new intensified code enforcement program the Council authorized. In response to Council query, Mr. Bertram indicated that the most serious type of violation is in the single-family residential area where an attached garage or another portion of the house has been or is in the process of being remodeled making said residence into a multiple -family residence; that in most of these cases this work is being done without the appropriate permits, and the inspection is based on a complaint from a citizen. He indicated that it is necessary to enter the premises to make an adequate inspection that would be valid in the case of result of litigation. He also indicated that the request for a search warrant would be monitored sufficiently to avoid abuse on the part of the inspectors. City Attorney John Ross indicated this authority was compatible with Supreme Court rulings with respect to search warrants being required. 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. Consider a budget supplement to allow for the continuance of Citib Route 4 'Monterey High School to South Plains Mall via 82nd) throu the remainder of this fiscal near. Route 4 has been an experimental route which travels between the South Plains Mall and Monterey High School by way of 82nd Street. The route was created as a result of petitions from two different citizen groups -- a group from the Monterey High School student body, and elderly residents at a retirement home complex. At the beginning it was agreed that the route would have 90 days in which to meet ridership and revenue goals. The staff reported that neither goal has been met and recommended termination of the route. Members of the Transit Advisory Board, however, felt that more time was needed to develop the route and by a vote of 4 to 2 approved recommending to the Council that special funding be maintained to continue the route until the end of the present fiscal year. Additional monies to subsidize Route 4 for the remainder five months would require $5,645. The fact that Route 4 has not reached the pre -established goals of 240 passengers per week and $40 revenue per week is reflected in the itemization below: Week Passengers % of Goal Revenue % of Goal 1/15-1/20 109 45% $11.45 28% 1/22-1/27 194 81% 18.95 47% 1/29-2/3 55 23% 13.64 34/, 2/5-2/10 70 29% 8.80 22/ 0 2/12-2/17 83 35% 15.94 40/ e 2/19-2/24 106 44% 15.90 40/ e 2/26 —3/3 115 48% 18.65 47/ 0 3/5-3/10 85 35% 11.61 29% 3/12-3/17 85 35% 14.22 36% 3/19-3/24 115 48% 22.80 57% 3/26-3/31 90 45% 10.21 26% 4/2-4/7 83 35% 12.70 32% 4/9-4/14 75 31% 8.75 22% 4/16-4/21 84 35% 15.31 38� 0 Total 1,349 $198.91 2so qAY 1 0 1979 79-38-280-505 (44) Following discussion, the motion was made by Councilwoman Jordan to continue Route 4 and supply the necessary supplemental budget for the remainder of the fiscal year, it being her thinking that increased ridership will result because of the gas shortage. The motion died for lach of a second. Additional dilscussion reflected the wisdom of continuing the route when the Monterey student body had not participated in the ridership as they indicated, and in view of the fact that school will be out in two or three weeks. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to discontinue the route and to disallow a budget supplement. Motion carried: Mayor West, Mayor Pro Tem Henry Councilman Aderton and McAlister voting 'Yea; Councilwoman Jordan voting Nay. Consider marketing schedule for ; Secretary to commence advertisinj of bonds and authorize Ci 20, 17, August 3, 10, and 17). Mr. Joe W. Smith, First Southwest Company, Abilene, appeared before the Council to recommend the proposed marketing schedule for the sale of 1979 Bond Series and requested the Council's approval of proposed marketing schedule; he also requested the City Secretary be authorized to commence -the appropriate advertising, said authorization to be by minuted action. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to adopt the proposed marketing schedule for the sale of 1979 Bond Series, and to authorize the City Secretary to commence the appropriate advertising. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. TENTATIVE BOND MARKETING SCHEDULE 1979 SERIES April 26 Council discusses tentative bond markting schedule. May 10 Council approves marketing schedule for sale of bond and authorize City Secretary to commence advertising. (July 20, 27, August 3, 10, & 17) April & May Preparation of bond offering, ordinances, official notice, and related documents. July 26 Council meeting to pass resolution approving required documents. August 6-7 Confer with bond rating agencies. August 9 Receive bids for water supply system. August 21 Special meeting of Council to receive bids and award contract, 10:30 a.m., CDT. August 23 Second reading of ordinance. August 30 Delivery of bonds. September 4 Contract award to begin construction on water works system to be completed by mid -June, 1980. Councilwoman Jordan expressed appreciation to Mr. Smith and to the City Staff in Their diligence in formulating the above schedule. 79-38-280-506 Resolution No. 150 (20) A resolution acce tinpaving im rov Company on Change Drdpr N.,a i ...,a cents constructed b G.W.O. 10,924). RESOLUTION tion RESOLUTIONIACCEPTING IMPROVEMENTS ON A PORTION OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, the City Council of the City of Lubbock authorized the construction of street improvements by Kerr Construction Company, on a portion of G.W.O. 10,924, on portions of the following streets and/or avenues: 11 CHANGE ORDER NO. 1: 18th Street from its intersection with a line 1 0.00 feet East of the West Property Line of Avenue "K" to its intersection with a line 10.00 feet West of the East Property Line of Avenue "L" known and designated as Sub -Unit Number 44 of Unit Number 2234. CHANGE ORDER NO. 2: Widening the North side of Main Street from its intersection with a line '250.00I feet East of the East Prn„m, fr T 3_.. �8j MAY 1 0 19 of Avenue "Q" known and designated as Sub -Unit Number 45 of Unit Number 2234. WHEREAS, the improvements upon the said portions of the abovementioned streets has been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portion of the abovementioned 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 share and release escrow money. II. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS loth DAY OF May , 1979. /sl Dirk West DIRK WEST, MAYOR ATTEST: /s/ MarX C. Gonzales, Deputy City Secretary For 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 79-38-281-507 Resolution No. 151 (21) A resolution accepting alley avin Asphalt Products on 1978 Assessment RESOLUTION is constructed by_ Lubbock gram (G.W.O. 10.956). RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with Lubbock Asphalt Products, Inc. (G.W.O. 10,956 - Alleys) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including amoung others the following: The North --South alley between Detroit and Elgin Avenues from its intersection with the South Property Line of 48th Street to its intersection with the North Property Line of 50th Street, known and designated as Sub -Unit Number 56 of Unit Number A-460. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract G.W.O. 10,956 - Alleys. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys, streets, and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's por- tion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the pro- ceedings with reference to said improvements and assessments where such assessments were levied. 22 AY i 0 1979 This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS loth DAY OF May , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Mary C. Gonzales, Deputy City Sec. For 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 This alley paving improvement is located between Elgin and Detroit from 50th Street to 48th Street; the property owners' cost is $4,564.82; the amount of funds recommended to be released is $9,657.38. 79-38-282-508 Resolution No. 152 (22) A resolution accepting avin im rovements constructed bX Kerr Construction in April Park Addition, Lots 1-66_ RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City 11 Ordinance 1331, the subdivider of April Park Addition, Lots 1-66, made arrange- ments with Kerr Construction Company for the constructin 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 April Park Addition, Lots 1-66 including the following streets: The South 1/2 of 94th Street from its intersection with the East Lip Line of Gary Avenue to its intersection with a line 7.00 feet West of the West Property Line of the alley West of Elgin Avenue known and designated as New Subdivision Sub -Unit Number 41 of Unit Number 2025. 95th Street from its intersection with the West Lip Line of Flint Avenue to its intersection with the centerline of Gary Avenue known and de- signated as New Subdivision Sub -Unit Number 42 of Unit Number 2025. 96th Street from its intersection with the East Lip Line of Gary Avenue to its intersection with the West Lip Line of Flint Avenue known and designated as New Subdivision Sub -Unit Number 43 of Unit Number 2025. 1f 96th Street from its intersection with the East Lip Line of Flint Avenue to its intersection with a line 7.00 feet West of the West Property Line of the alley West of Elgin Avenue known and designated as New Subdivision Sub -Unit Number 44 of Unit Number 2025. 97th Street from its intersection with the centerline of Gary Avenue to its intersection with a line 20.74 feet North of the North Property Line of 97th Street known and designated as New Subdivision Sub -Unit Number 45 of Unit Number 2025. The North 1/2 of 98th Street from its intersection with a line 7.00 feet East of the East Property Line of the alley East of Gary Avenue to its intersection with a line 7.00 feet West of the West Property Line of the alley West of Gary Avenue known and designated as New Subdivision Sub -Unit Number 46 of Unit Number 2025. The East 1/2 of Gary Avenue from its intersection with the South Lip Line of 95th Street to its intersection with the North Lip Line of 97th Street known and designated as New Subdivision Sub -Unit Number 47 of Unit Number 2025. MAY 10 1979 p3 Gary Avenue from its intersection with the centerline of 94th Street to its intersection with the North Lip Line of 95th Street known and de- signated as New Subdivision Sub -Unit Number 48 of Unit Number 2025. Gary Avenue from its intersection with the South Lip Line of 97th Street to its intersection with the North Lip Line of 98th Street known and designated as New Subdivision Sub Unit Number 49 of Unit Number 2025. Flint Avenue from its intersection with the South Lip Line of 94th Street to its intersection with a line 20.74 feet North of the North Property Line of 97th Street known and designated as New Subdivision Sub -Unit Number 50 of Unit Number 2025. AND WHEREAS, the construction of the above improvements on the above - mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same 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 10th DAY OF Ma , 1979. ATTEST: /s Dirk West _ DIRK WEST, MAYOR /s/ Mary C. Gonzales, Deputy CitX Sec. For 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 Developer's cost is in the amount of $98,028.96; there is no cost to the City. Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve Resolutions 150, 151 and 152, referenced above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-283-309 Resolution No. 153 (23) A resolution rescinding Resolution No. 126 (a22roved 4-12-79Y authorizing the Mayor to execute a Street Use License to Lubbock National Bank to construct an under round tunnel -adjacent to Block 103 Original Town of Lubbock. RESOLUTION The Resolution passed by the City Council on April 12, 1979, authorizing the Mayor to execute a Street Use License to Lubbock National Bank for an underground tunnel adjacent to Block 103, Original Town of Lubbock, Lubbock County, Texas, is hereby cancelled and repealed. Passed by the City Council this loth day of Ma 1979. Is/ Dark West DIRK WEST, MAYOR ATTEST: /s/ Mary C. Gonzales,_ Deputy City Sec. 284 MAY 1 0 1979 APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: Isf J. Worth Fullingim. J. Worth Fullingim, Asst. City Attorney Lubbock National Bank decided not to rebuild the ent which would go under the street; therefore they had street use license approved April 12, 1979. Motion was made by Councilman McAlister, seconded by Henry to pass said resolution. Motion carried: May Pro Tem Henry, Councilwoman Jordan, Councilmen Adert voting Yea; none voting Nay. 79-38-284-510 Resolution No. 154 (24) A Street Use License to install an underground communications s stem across Paris Avenue between Lot 11, Block 3 and Lot "C" of the G. A. Rush Addition. JWF:hw RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License between the American State Bank and the City of Lubbock to install an underground communications system across Paris Avenue, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minute 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 10th day of_ May _,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /sl Mary C. Gonzales, Deputy City Sec. For Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney /s/ Tom Nivens Tom Nivens, Right -of -Way Agent STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK This indenture made this 10thday of May the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and9, between AMERICAN STATE BANK, Lubbock, Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBO11 C. does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct and maintain an underground communications system across Paris Avenue between Lot 11, Block 3, G. A. Rush Addition and Lot "C", G. A. Rush Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: t]Qz w(C73 MAY 10 1979 BEGINNING at a point in the East line of Lot 11, Block 3, G. A. Rush Addition, for the Southwest and beginning corner of this tract, whence the Southeast corner of Lot 11, Block 3 bears 52.25 feet; THENCE North along the East line of Lot 11, Block 3 and the West line of Paris Avenue at 6.08 feet pass the centerline of said easement, continuing for a total distance of 12.16 feet to a point, for the Northwest corner of this easement; THENCE North 89°25'20" East 58.12 feet to a point in the East line of Paris Avenue and the West line of Lot "C", G. A. Rush Addition, for the Northeast corner of this tract, whence the Northwest corner of Lot "C", G. A. Rush Addition bears North 1°11'06" 392.50 feet; THENCE Southeasterly along the West line of Lot "C", G. A. Rush Addition, and along the arc of a curve to the left, an arc distance of 15.15 feet to a point, for the Southeast corner of this tract, said curve has a radius of 62.00 feet, a central angle of 14013'58" and a chord that bears South 37*00152" East 15.11 feet; THENCE South 89°25'20" West 67.22 feet to the PLACE OF BEGINNING. 1. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 1401 Avenue Q, Lubbock, Texas or the last known address of LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of NINE HUNDRED EIGHTY -FI'VE AND 40/100 ($985.40) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 4. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be con- structed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 5. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such con- tractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and con- ditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 7. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satis- factory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. AY 10 1979 -:r. 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit f the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph Five (5). 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and Jill claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. ATTEST: /s/ Mary C. Gonzales, Deputy City Sec. For Evelyn Gaffga, City Secretary -Treasurer AGREED TO AND ACCEPTED this 31st APPROVED AS TO CONTENT: /s/ Wilford D.'Watson Wilford Watson, City Engineer APPROVED AS TO FORM: CITY OF LUBBOCK BY Isl Dirk. West DIRK WEST, MAYOR day of /s/ 1. Worth Fullingim J. Worth Fullingim, Asst. City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § LICENSEE: May , 1979. AMERICAN STATE BANK, LUBBOCK, TEXAS By /s/ Weldon Gibbs BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared DIRK WEST, Mayor, known to me to b h e t e person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and consideration therein expressed and in the capacity therein stated. 1979. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 14th day of (Seal) THE STATE OF TEXAS § COUNTY OF May /s/ Jackie Suter Notary Public, Lubbock County, Texas My Commission Expires: 4-13-81 BEFORE ME, the undersigned authority, a Notary Public in and for said Count T y, exas on this day personally appeared Weldon Gibbs Sr. Vice , President, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he execu�ed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said bank. 1979. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 31st day of May /s/ Sharon Trammell (Seal) Notary Public, Lubbock County, Texas MAY 1 0 lon 9W 79-38-287-511 (25) 79--38-287-512 (26) The American State Bank has requested this license so that they convert the old Sears service station building to a data processing and operations building.; the fee is $985.40 for a 20-year period. Resolution No. 155 A resolution authorizing the Mayor to execute a PipeLineLicense between_ The Atchison Topeka and Santa Fe RailwayCompany and the City of Lubbock for a sewer line crossin& at MP 86 + 4521 feet near Lubbock Texas. JWF:hw RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Pipe Line License for a sewer line crossing at MP 86 f 4521 feet between the Atchison, Topeka and Santa Fe Railway Company and the City of Lubbock, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of May /s/ Dirk West DIRK WEST, MAYOR ---- ATTEST: /s/ Mary C. Gonzales, Deputy City Sec. For Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: *NOTE: Original Pipe Line License filed with Original Resolution No. 155. /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney Resolution No 156 _A resolution _authorizing the Mayor to execute a Pipe Line License between The Atchison, Topeka and Santa Fe Railway Company and the City of Lubbock for a water line crossin at MP 86 + 4511 feet near Lubbock, Texas. JWF:hw RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Pipe Line License for a water line crossing at MP � 4511 feet near Lubbock, Texas, between the Atchison, Topeka and Santa Fe Railway Company and the City of Lubbock, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of May 1979. Isl Dirk West DIRK WEST, MAYOR ATTEST: s Mary C. Gonzales DeRuty City Sec. For Evelyn Gaffga, City Secretary -Treasurer *NOTE: Original Pipe Line License filed with Original Resolution No. 156. '8 AY 0 1979 79-38-288-513 (27) 79-38-288-514 (28) APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney APPROVED AS TO CONTENT: /s Tom Nivens Tom Nivens, Right -of -Way Agent A property owner on the north side of Clovis Road near Elgin Avenue has requested these licenses. The property owner will pay for the cost of the extension and the permits, in the sum of $150 each. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass referenced resolutions above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. i Ordinance No. 7860 An ordinance to abandon and close the Northeast 5.00 feet of the Drainage Easement in Lot 10 Sandlewood Village Addition. JWF:hw ORDINANCE N0. 7860 AN ORDINANCE ABANDONING AND CLOSING A PART OF A DRAINAGE EASEMENT LOCATED IN LOT 10, SANDLEWOOD ADDITION TO THE CITY OF LUBBOCK AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. The owner of Lots 9 and 10, Sandlewood Village Addition, requested that the City release 5 feet of an existing 20-foot drainage easement onto Lot 10, in exchange for a new dedication of Lot 10 that would extend into the existing easement. This is located at 76th Street and Waco Avenue. 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. 7861 An ordinance to abandon and close Meadow Drive between Sunset Lane and and Yucca Lane and the alley in Block 1 Valley View Addition. JWF:cI ORDINANCE NO. 7861 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET AND ALLEY: A PORTION OF STREET KNOWN AS MEADOW DRIVE BETWEEN SUNSET LANE AND YUCCA LANE, AND A PORTION OF ALLEY KNOWN AS ALL OF THE ALLEY IN BLOCK 1, VALLEY VIEW ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY AND STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The developer of Valley View Addition has requested that Meadow Drive between Sunset Lane and Yucca Lane and the alley in Block 1 be closed. The water and sewer Lines are installed and the street was paved in 1967, but none of the improvements have been accepted by the City. The final replat was never submitted and therefore the City Council has never accepted the improvements. The new developer will have to submit a final plat and make all the utilities and paving meet the City`s requirement before the final plat can be recorded. 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. 79-38-288-515 Resolution No. 157 (29) A resolution authorizing the Mayor to execute a lication for Project Grant under Title ITI of the Older American Act and a Notification of of Contract Award and Contract A regiment. W MAY 1 0 197_Q LGB:hw RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Application for Project Grant Under Title III of the Older Americans Act and a Notification of Contract Award and Contract Agreement, 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 loth ATTEST: /s/ Mary C. Gonzales, Deputy City Sec. For 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 day of May _ ,1979. /s Dirk West DIRK WEST, MAYOR *NOTE: Application for Project Grant filed with Original Resolution No. 157. In 1978 the City of Lubbock received a $15,000 grant to operate a senior volunteer center for a 9-month period beginning June 1, 1978. The funds were used to employ a full-time person and a part-time clerk to staff the center which operates within the park and recreation adult center building at 2600 Avenue P. The program consists of information and referral services and the overall coordination of various senior citizen volunteer activities, including a telephone reassurance program (RSVP). This request is to continue this program. The application requests $15,837 to fund the program during the 1-year grant program beginning March 1, 1979; it would not fund the program passed December, 1979. It is our understanding that additional funding from another state source will be available after September, 1979 to finance the project through February, 1980. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-289-516 Resolution No. 158 (30) A resolution authorizing the Mayor to execute application for a grant for a Summer Food Service Program for Children. LGB:hw RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Application for participation in the Summer Food Service Program for Children and docu- ments related to said grant application to the Texas Department of Human Resources, 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 loth day of May 1979. 290 lYI01979 /sf Dirk West DIRK WEST, MAYOR ATTEST: /s/ Mary C. Gonzales, Deputy City Sec. For 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 *NOTE: Documents filed with Original Resolution No. 158, entitled u Applicati Participation (Summer Food Service Program for Children)". For the past two years the City of Lubbock has participated in a summer food service program for children under the sponsorship of the Parks and Recreation Department. Last year they distributed a total of $27,000 sack lunches at 13 sites; this was funded by a $27,379 grant received from Texas Department of Human Resources. The requested application for the 1979 Summer Food Program is in the sum of $40,072 to cover costs associated with the distribution of 35,000 sack lunches at 16 sites. The grant covers all costs of the program including food, extra personnel and reimbursement of the cost of that portion of time spent by budgeted personnel on the program. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem. Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-290-517 Recommendation of the Parks and Recreation Board to revise swimming (31) pool rates. John Alford, Director of the Parks and Recreation Department, appeard before the Council, and indicated that the swimming pool rates had not been revised in at least 7 years; that the increase cost of operating the municipal swimming pools necessitated this request, and outlined the following recommended rates: Admission Current Pro osed Maxey & Cla2P Pools Children 35¢ 5U Teenagers 50¢ 650 Adults 65j 80� Rodgers, Simmons & Wood Pools Children 25¢ 40¢ Teenagers 35j 504 Adults 50¢ 55� Learn -to -Swim Children 3.50 5.00 Teenagers 5.00 6.50 Adults 6.50 8.00 . Reservations --Maxey and Clapp--1-100 $45.00 101-199 60.00 200-up 95.00 Rodgers, Simmons 1-100 35.00 and Woods 101-199 45.00 200-up 85.00 Mr. Alford indicate that Rodgers and Mae Simmons pools are not heated as well as the George Woods pool; that those pools that are heated, the temperature has been decreased to such an extent there is very little difference between the heated and the unheated pools; that it is recommended that the rates remain uniform at all pools, in the sum of 150 increase, the reservation rate be increased $10.00; that their records -reflected the matter of heated or unheated water did not affect the useage of the pools, the convenience of the pool being more important to the swimmer. Mr. Alford also indicated that a telephone survey of rates in other cities indicated this request was not out of line. for Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to approve the recommended swimming pool rate increase as reflected above. Motion carriers' Mn%r, T.T.,.* .91 MAY 1 0 197 M 79-38-291-518 (32) 79-38-291-519 (33) 79-38-291-520 (34) 79-38-291-521 (35) Recommendation of the Parks and Recreation Board for naming of the residential structure located in the Buddy Ho11y Area of the Yellowhouse Canyon Lakes. - ••_ .._ Mr. Alford again appeared before the Council, and indicated that it had been the policy of the Parks and Recreation Board to name different areas in the Canyon Lakes Park area in honor of or in memory of a Lubbock citizen. The structure to be considered has been informally referred to as the "Manicapelli House" since it was purchased from Mrs. Manicapelli; however, the residence was originally built by Dr. M. F. Landwer, a retired Texas Tech Biology professor. The Parks and Recreation Board voted to recommend to the Council that the structure be named "The Landwer House." The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to call the structure the "Buddy Holly Recreational Center." The discussion reflected that there was another memorial structure in the planning stages, i.e. a musical hall of fame to be named in memory of Buddy Holly, and it could very easily be confusing to name both structures after Mr. Holly. It was also pointed that the Landwers were long-time Lubbock residents, and still were property owners of land adjacent to the area under discussion; additionally, the Landwers had been extremely kind to the Parks and Recreation Department. A substitute motion was made by Councilwoman Jordan, seconded by Councilman McAlister to send to the matter back to the Parks and Recreation Board for further consideration, resubmitting for Council approval at a later date. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Recommendation of the Parks and Recreation Board for naming of the proposed athletic facility to be constructed in_Yellowhouse Canyon Park. The Parks and Recreation Board recommended that the area in the Yellow - house Canyon Park informally referred to as the "Softball Complex" be redesignated reflecting other activities in the area other than soft- ball. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan that the matter be referred back to the Parks and Recreation Board requesting additional consideration, subsequently resubmitting at least three names for Council approval. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7862 An ordinance amending Chapter 4 Sec. 4-30 of the Code of Ordinances reducing the cost for an annual license fee to $1.00 when animal is immunized at the rabies clinic in which the City participates. (EMERGENCY MEASURE) (Tied to Resolution No. 159) DGV:cl ORDINANCE NO. 7862 AN ORDINANCE AMENDING CHAPTER 4, SEC. 4-30, OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY REDUCING THE COST FOR AN ANNUAL LICENSE FEE TO $1 WHEN SUCH ANIMAL IS IMMUNIZED AGAINST RABIES IN CONJUNCTION WITH AN ANNUAL RABIES CLINIC OR DRIVE IN WHICH THE CITY OF LUBBOCK PARTICIPATES AS A SPONSOR OR JOINT SPONSOR; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. Resolution No. 159 A resolution authorizing the City of Lubbock to Annual Rabies Clinic scheduled for May 19, 1979. DGV:c1 ticipate in the ied to Ord. #7862 RESOLUTION NO. 159 WHEREAS, the Lubbock Humane Society desires to conduct an annual Rabies Clinic May 19, 1979, in order to encourage the citizens of Lubbock to have their pets immunized against rabies; and WHEREAS, the City Council desires that the City of Lubbock participate in the sponsorship of such Rabies Clinic, which it deems to be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the City of Lubbock will participate with the Lubbock Humane Society at its annual Rabies Clinic scheduled May 19, 1979, by providing manpower assistance, receipt books and licensing tags as required so that the Rabies Clinic may be as successful as possible. Passed by City Council this 10thday of _ Mav ^,1979. /s/ Dirk West ( 10 1979 ATTEST: /s Mary C. Gonzales, Deputy City Sec. For Evelyn Gaffga, City Secretary -Treasurer 79-38-292-522 (36) APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney After the April 26, 1979 regular City Council Meeting, the Council approved the request of the Lubbock Humane Society to participate in a rabies clinic on May 19, 1979; to allow the reduction in cost of the annual license fee to $1.00 for this special clinic; and endorse the City Attorney's recommenda on that an amendment to the present ordinance be prepared and acted upon to allow for such reduction when such clinics or drives are sponsored by the City of Lubbock. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass Ordinance No. 7862 on an emergency measure; and to pass Resolution No. 159 reflecting the City will participate in the referenced rabies clinic., Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 160 A resolution authorizing the Mayor to execute a contract with the South Plains Office on Aging rovidin for "residential repair" for the elderly. DGV:hw RESOLUTION NO. 160 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 Notification of Contract Award and Contract Agreement --Title III, between the South Plains Office on Aging of Lubbock, Lubbock County, Texas, and 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 day of ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Donald G. Vandiver First Assistant City Attorney DIRK WEST, MAYOR ,1979. Contractor: City of Lubbock, Texas Community Services Dept. Address: P. 0. Box 2000 Lubbock, Texas 79457 NOTIFICATION OF CONTRACT AWARD & CONTRACT AGREEMENT TITLE III k THIS AGREEMENT, entered into this day of 1979 by and between the South Plains Office on Aging of Lubbock, Lubbock County, Texas, hereinafter referred to as the "Agency", and the City of Lubbock, Texas, Community Services Department, Lubbock County, Texas, hereinafter referred to as the "Contractor." r MAY 1 0 It Im 9W Im am o. WITNESSETH THAT: The Agency and Contractor do mutually agree as follows: 1. The Contractor shall, in a satisfactory and proper manner perform the following: (1) Provide residential repair services for a minimum of 12 homes of citizens over 60 years of age, as described in contract application. (2) Attend all training events and participate in region -wide events sponsored by the Area Office on Aging. (3) Maintain and submit all necessary forms and reports. (4) Maintain the confidentiality of each participant. (5) Comply with Title VI, Civil Rights Act of 1964. (6) Outreach to minority and low income groups and keep documen- tation on such outreach. (7) Provide matching funds as described in Title III contract ap- plication. (8) When releasing information about the Contract, always identify the funding agency as the Office on Aging, South Plains Association of Governments. 2. The Agency shall furnish the following services, data and information to the Contractor: (1) Furnish Title III funds as described in contract application. (2) Furnish technical assistance, including program development, staff training and consultation. (3) Make regular site visits for the purpose set out immediately above. (4) Monitor and evaluate the program. (5) Provide demographic data and training related to the aging processes and needs. 3. The Contractor shall commence performance of this Contract on the day of , 1979, and shall complete performance to the satisfaction of the Agency no later than the 29th day of February, 1980. 4. It is understood that accountability for equipment purchased with federal funds from this contract remains the responsibility of the appropriate agency administering those funds and any disposition of such equipment must be according to established federal government procedures. 5. The Contractor shall maintain such records and accounts, including property, personnel and financial records, as are deemed necessary by the Agency to assure a proper accounting for all project funds, both Federal and non-federal shares. These records will be made available for audit purposes to the Agency or the Governor's Committee on Aging, and will be retained for five years after the expiration of this contract unless permission to destroy them is granted by both the Agency and the Governor's Office. These records will be maintained at 820 Texas Avenue, Lubbock, Texas. 6. Type of Award Action: Continuation, 3rd Year. AWARD: Title III Contractor Federal Funds Non-federal funds Total Supporting Services: Information & Referral Outreach Transportation Escourt Gap Filling Services: 3,000.00 333.00 3333.00 Total 3,000.00 333.00 3333.00 7. Method of Payment: Requests For Payment shall be made by the Con- tractor upon the attached Forms, entitled Exhibit A, B & C 8. Contract Limitations: a) It is expressly understood and agreed that in no event will the total amount to be paid by the Agency to the Contractor under this Contract exceed $3,000.00 for full and complete satisfactory performance. 094 ,Y J. 0 1979 b) It is expressly understood and agreed that the total value of this contract is $3,333.00 of which 10% is nonfederal matching funds, j leaving a balance of the total of $3,000.00 as shown in line 8a above. 9. IN WITNESS WHEREOF, the Agency and the Contractor have executed agreement as of the date first above written. CITY OF LUBBOCK: DIRK WEST, MAYOR ATTEST: OFFICE ON AGING, SOUTH PLAINS ASSOCIATION OF GOVERNMENTS: Executive Director ATTEST: Evelyn Gaffga Witness City Secretary -Treasurer APPROVED AS TO CONTENT: Denzel W. Percifull Director of Public Services APPROVED AS TO FORM: Donald G. Vandiver First Assistant City Attorney The South Plains Office on Aging has approached the Community Services Department to contract with the Community Services for the purposes of providing "residential repair for elderly housing". The agreement would obligate the Community Services weatherization crews to provide labor, to conduct repairs such as plumbing, exterior and interior wall repair, electrical repair and floor reinforcement at the homes of elderly people beyond their normal weatherization duties. Materials purchased under this contract will be paid for with $3,000 in federal funds furnished by the South Plains Office on Aging. This item was DELETED from the agenda during the Council Work Session held at 9:00 a.m. 79-38-294-523 Ordinance No. 7863 (37) An appropriation ordinance for controls on S Controls (Water Ca ital Project Fund). ndhills Water Supply Line ORDINANCE NO. AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary 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 $191,316.00 For the following purpose: Controls System for Sandhills Pipeline. AND IT IS SO ORDERED Passed by the Council on first reading this 10thday of _ May 19 Passed by the Council on second reading this day of _.19 DIRK WEST, MAYOR ATTEST: F Evelyn Gaffga, City Secretary -Treasurer 0� 2 + MAY I 0 1� up UP Ro 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 VERIFIED BY: /s/ Sterling K. Miller FINANCE OFFICER 79-38-295-524 Ordinance No. 7864 (38) Anapproprkation ordinance for engineering for water pump station and Reservoir #10 (Water Capital Project Fund). ORDINANCE NO.7864 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 $84,641.00 For the following purpose: Engineering for #10 water reservoir and pump station at 82nd Street and Memphis Avenue. AND IT IS SO ORDERED Passed by the Council on first reading this 10thday of Ma ,1979. Passed by the Council on second reading this day of ,1979. DIRK WEST, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross Jr. John C. Ross, Jr., City Attorney VERIFIED BY: /s/ Sterling K. Miller _ FINANCE OFFICER These two projects were authorized by the City Council in January, 1978 to be funded from accumulated water revenues; however, no appropriation ordinances were passed at the time of authorization. i %0 1979 fi 79-38-296--525 (39) Motion was made by Councilman Aderton, seconded by Councilman McAlister to pass Ordinances 7863 and 7864 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7865 An appro2riation ordinance for water lines ahead of Texas Avenue UndeE2ass paving (Water Capital Project Fund). ORDINANCE NO. 7865 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary 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-vit: Water Capital Project Fund The sum $4,321.57 For the following purpose: Relocate 6 inch water line ahead of Texas Avenue underpass construe AND IT IS SO ORI Passed by the Council on first reading this 1 Passed by the Council on second reading this- 1-0 ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Wilford D. Watson -- Wilford D. Watson, City Engineer APPROVED AS TO FORM: Isl John C. Ross Jr. John C. Ross, Jr., City Attorney VERIFIED BY: Isl Sterling K. Miller FINANCE OFFICER Motion was made by Councilman Aderton, 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. 79-38-296-526 Resolution No. 161 (40) A resolution accepting water and sewer improvements in High Country Addition. I RESOLUTION i Resolution accepting water and sewer system improvements for Lots 1 thrul 298, High Country Addition. WHEREAS, the developer of Lots 1 thru 298, High Country 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 $313,849.35 with the improvements constructed by Panhandle Construction Company having a value of $295,800.08 as determined by the unit prices established by said Chapter 34, ind $18,049.27 cash (engineering, wet tie-ins, paving repair, difference in Pro RAta L r- 29 MAY I D F r r F r 79-38-297-527 (41) and actual cost) paid to the City, with High Country Joint Venture, the developer, to receive a refund of $45,929.15 in accordance with Chapter 34 of the Code of the City of Lubbock, and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $45,929.15 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 the loth day of May ,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Mary C. Gonzales, Deput)►_CitX Sec. For Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. _ John C. Ross, Jr., City Attorney The acceptance of these improvements is not routine in that the developer was required to construct and furnish a sanitary sewer lift station to serve this area on a temporary basis until the 98th Street sewer is constructed. The major sewer project on 98th Street will not be available until another bond issue is approved. The cost of the improvements for this subdivision is $313,849.35. The refund to the developer is $45,929.15; the non-refundable expenditure is $59,514.38. After the 98th Street sanitary sewer is constructed and this lift station is bypassed, the developer may recover the station since the station is of a temporary nature. During the interim, the City will operate and maintain this station. The motion was made by Councilman Aderton, 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. Consider acce final ting Southwest Sewer Line Extension and authorfz to.contractor (G.W.O. 10.973). The contract was for $155,985.35; the final cost was $155,971.30; the final payment to the contractor is $16,662.05. The project was constructed from the proceeds of the 1978 bond sale. 79-38-297-528 Consider accepti (42) Plant and author ester Additions at the rment to contractor i theast Reclamation The original contract price was $119,897 and change orders No. 1 and No. 2 increased this to $124,206.75; the final payment is $18,398.81. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to approve the above items. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-297-529 Consider bid for -City of Lubbock Depository contract. (43) -_ In response to the City's bids from the nine Lubbock banks to serve as City Depository, we received one bid on April 30; that is from Texas Commerce Bank. Side -by -side comparison of the last three contracts with TCB is on the file in the City Secretary's Office. It is recommended that the Council defer awarding the contract until the May 24 meeting. In the meantime the bank has advised that they will treat certificates of deposits which have maturities beyond May 31 contract date as if they had been purchased under the proposed contract terms. 79-38-298-530 (45) 79 -38-298-531 (46) 79-38-298-532 (47) 79-38-298-533 (48) 79-38-298-534 (49) 79-38-298-535 (50) 79-38-298-536 (51) 79-38-298-537 (52) 79-38-298-538 (52-A) Sterling Miller, Director of -Finance, indicated that he had received information that other cities do not have to pay any kind of service fees as charged by their depository, and that he was disappointed that more bids were not received. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to delay action on this matter until additional analysis and survey results from other Texas cities have been received; that the matter be considered at the May 24, 1979 regular City Council Meeting. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Council- men Aderton and McAlister voting Yea; none voting Nay. Consider claims against the City A. Claim 79-C-278 B. Claim 79-C-291 C. Claim 79-C-286 D. Claim 79-C-287 Ronnie Haley $25.90 James E. Spears $1,794.80 & Don Spears John K. Caraway $920.00 Leo T. Vasquez $107.64 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to uphold the recommendation of the City Attorney and deny the above referenced claims. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Bid #5316 for miscellaneous electric items (Warehouse Stock). Items 1,5,6, Temple, Inc., Lubbock Items 2,11 . General Electric Supply Company, Lubbock Item 4 Westinghouse Electric Supply Company, Lubbock Item 3 C. B. Anderson Company, Amarillo Bid #5326 for traffic sin post (Warehouse Stock). Low Bidder Sargent -Sowell, Inc., Grand Prairie, Texas Bid #5327 for copper service pipe (Warehouse Stock). Low Bidder Fields & Company, Lubbock Bid #5335 for motor grader (Street Dept.) Low Bidder Yellowhouse Machinery Company, Lubbock Bid #5337 for street sweeper (Street De t.). Low Bidder Environmental Sales & Service, Dallas Bid #5342 for one 1 truck Sanitation Dept-L. Low Bidder South Plains International Truck, Lubbock Bid #5336 for sewer line construction Lubbock Industrial Park). Low Bidder Panhandle Construction Company, Lubbock Resolution No. 162 A resolution authorizing --the Mayor to execute contract (Bid #5336). JCR:cl RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract with Panhandle Construction Company for the construction of sewer lines for Lubbock Industrial Park Addition to the City of Lubbock. MAY 1 0 19 r F1 79-38-299-539 (53) 79-38-299-540 (54) BE it further resolved by the City Council of the City of Lubbock that a properly executed copy of the aforementioned contract shall be attached to this resolution upon -execution by both parties thereto. BE it further resolved by the City Council that this resolution shall be spread upon the minutes of this Council. Passed by the City Council this 10 day of May ,1979. /d/ Disk West DIRK WEST, MAYOR ATTEST: /s/ Mary C. Gonzales, Deputy City Sec. For Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Guy W. Wilson Guy Wilson, Utilities Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to approve the above referenced bids and to pass Resolution No. 162. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. In response to Council query, Director of Purchasing Floyd Nesbitt indicated that the degree of increased cost of the bids resulting from inflation is quite noticeable. Consider one apRointment to the PERMIT AND LICENSE APPEAL BOARD. The term of Mrs. Dorothy Phea expired April 27, 1979. Mrs. Dorothy Phea, reappointed for 3 year term - 5/10/79 to 4/27/82 1615 57th Street 79412 The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to reappoint Mrs. Dorothy Phea for a 3-year term. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider two ap of Mark Bass ex intments to the red 5/25/79. as HUMAN RELATIONS MMISSION. The term the term of Mrs. Mark Bass, reappointed - 5110179 to 5/25/82 Shellie Shine Roy Pope, 2902 3rd Street (765-9108) 79415 - 5/10/79 to 5/25/82 The motion was made by Councilwoman Jordan, seconded by McAlister to reappoint Mark Bass for a full term of 3 years; and to appoint Roy Pope for a first term. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-299-541 Consider confirmation of the School`s (55) BOARD, said appointments being approve April 19, 1979. )ointments to the T. the Board of Trustees, LISD The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to confirm the Lubbock Independent School District's appointments to -wit: Robert Littlefield Dub Mantooth Carolyn Lanier I. G. Holmes Roy Middleton Virginia Brackett Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. roo 1 0 1979 79-38-300-542 Consider one a220intment to the URBAN RENEWAL AGENCY, to fill the (56) unexpired term of Mrs. Betty Anderson, who has resigned. Mrs. Anderson's term expires 11-26-80. Mrs. Ann Burbridge (Mrs. Bob) Res: 5413 31st Street (799-4569) 79407 Bus: Registrar, Texas Tech Law School (742-3791) 79409 Term: 5/10/79 to 11/26/80 The motion was made by Councilman McAlister, seconded by Councilwoman Jordan to appoint Mrs. Ann Burbridge to fill the unexpired term of Mrs. Betty Anderson, who resigned. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-300-543 Consider one appointment to the CEMETERY BOARD; Mrs. Hasie a2pointed (57) 4-26-79 declined the appointment. Mr. A. B. Hunt Res: 2832 24th Street (795-0836) 79410 Bus: 622 8th Street (744-4592) 79401 Term: 5/10/79 to 1/8/84 The motion was made by Councilman McAlister, seconded by Councilwoman Jordan to appoint Mr. A. B. Hunt to fill the unexpired term of Margaret Brunson. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-300-544 Consider selection of two persons to serve on the GRANTS REVIEW (58) COMMITTEE of the Cultural Affairs Council. Jim Bertram, City Staff, Director of Planning Mrs. Fran Scott (Mrs. 0. V.) 3301 45th Street (795-5886) 79413 Term: Special appointment, no term designated. The contract between the City and the Cultural Affairs Council setting up a Review Committee for grants for artistic endeavors provides a clause whereby the City Council is to appoint two of the seven members, said appointees not being too involved in the arts to allow objectivity. This is really a technical review committee. The motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to approve the names of Jim Bertram, Director of Planning and Mrs. Fran Scott. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. The question was then raised by Councilwoman Jordan whether or not the Council has a policy with respect to Staff members serving on Boards and Commissions. The discussion reflected this GRANTS REVIEW COMMITTEE was a committee within a community -oriented council; not a Board or Commission per se. It was agreed however that possibly this matter would be given some definitive consideration. r There being no further business, the motion was made by Councilwoman Jordan, seconded by Councilman McAlister to adjourn for work session i at 1:40 p.m. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ca - DIRK WEST, ATTEST: 4EVLYN G GA, ITY ARY-TREASURER REAM AND APPROVED THIS THE o%DAY 0 F 1979. ATTEST: YOR