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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/24/1979301L Mpy 2 419T REGULAR CITY COUNCIL MEETING MAY 24, 1979 The City Council of the City of Lubbock, Texas, met for its regular meeting on Thursday, May 24, 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, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: Councilman M. J. Aderton 79-38-301-545 The invocation was given by Jim Weston, Director of Community Facilities. (1) 79-38-301-546 The Pledge of Allegiance to the Flag was given in unison by those present (2) in the Council Chambers. 79-38-301-547 Approval of Minutes .- Regular Meeting, May 10, 1979 The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve said minutes. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. 79-38-301-548 Board Appointments Mrs. Ann Burbridge - Urban Renewal Agency Roy Pope - Human Relations Commission 79-38-301-549 Proclamations (5) "PBX Operators Week - June 4-8, 1979 "Beautify Lubbock Day" - June 2, 1979 "Vietnam Veterans Week" - May 28-June 3, 1979 79-38-301-550 S2ecial Awards (5-A) The following awards were presented by Mayor West on behalf of President Carter, honoring Vietnam Veterans: Danny Lara Price Middlebrook Gordon Muth Joshua Silva Jasper Wilson 79-38-301-551 Special Proclamation (5-B) - Special presentations were made by members of the Council, to Mayor Dirk West proclaiming "Grandpa Dirk West Day." (Granddaughter April Laine West, born May 7, 1979) At 10:00 a.m. Mayor West announced that an Executive Session would be held for the purpose of considering land acquisition and pending litigation. This is in accordance with Sec. 2-f, Art. 6252-17, V.A.T.S. 79-38-301-552 Ordinance No. 7859 (7) An ordinance establishing uniform olic of the issuance of "code enforcement search warrants." LGB:cl ORDINANCE NO. 7859 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 WARRANTLESS 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 302 AAY 2 4 1979 PROBABLE CAUSE, REQUIRING A SWORN AFFIDAVIT, REQUIRING CERTAIN FORMALITIES, PROVIDING THE MANNER IN WHICH SEARCH WARRANTS ARE 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 SEARd PROHIBITING THE SEIZING OF TANGIBLE GOODS OR THE MAKING OF ARRESTS, PROVIDIA 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 PROVID IN SECTION 1-5 OF THE CITY CODE, PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. II 79-38-302-553 Ordinance No. 7863 (8) An appropriation ordinance for controls on Controls (Water Capital Project Fund). c LTa4--- r ORDINANCE NO. 786 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 197 Passed by the Council on second reading this 24thday of May }197 Is/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson En3,r. 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 '- 79-38-302-554 Ordinance No. 7864 (10) An appropriation ordinance for enaineeri-n-e for water Reservoir #10 (Water Ca 1tal Project Fund). AN APPROPRIATION ORDINANCE tation and ORDINANCE NO. 786 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; H WARRANT, ED 303 MAY .2 4 19n_ 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 -Tait; 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 10 day of May _ ,1979. Passed by the Council on second reading this 24 day of May ,1979. Isl Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson, Engr. 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 79-38-303-555 Ordinance No. 7865 (10) An appropriation ordinance for water lines ahead of Texas Avenue_ Underpass paving (Water Capital Project Fund). ORDINANCE NO. 7865 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 $4,321.57 For the following purpose: Relocate 6 inch water line ahead of Texas Avenue underpass construction. AND IT IS SO ORDERED Passed by the Council on first reading this 10 day of May 1979. Passed by the Council on second reading this 24 day of May 101979. Isl Dirk West DIRK WEST, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer 304 ?AY 2 41979 T', APPROVED AS TO CONTENT: 79-38-304-556 (11) 79-38-304-557 (12) /s/ Wilford D. Watson, Engr. 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 Ordinance No. 7860 An ordinance abandoning and closing the Northeast 5.00 feet of the Draina a Easement in Lot 10 Sandlewood 'Villa a Addition. JWF:hw ORDINANCE NO. 7860 AN ORDINANCE ABANDONING AND CLOSING A PART OF A DRAINAGE EASEMENT LOCATE 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. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass the above referenced ordinances on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. Resolution No. 163 A resolution authorizing the Mayor to execute a Quit Claim Deed in connection with Ordinance No. 7860. 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 Quit Claim Deed in favor of Sam Reyes Construction Company, Inc., 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 24th day of May 1979. ATTEST: /s/ Dirk West DIRK WEST, MAYOR Isl Eyelyyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: Isl J. Worth Fullin im J. Worth Fullingim, Asst. City Attorney *NOTE: Quit Claim Deed filed with Original Resolution No. 163. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution authorizing the Mayor to execute the Quit Claim Deed. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. 305 MAY 2 4 1979 *Publisher's Affidavit on Page 306 A. 79-38-305-558 Ordinance No. 7866 - Zone Case No. 2233 (13) 79-38-305-559 (14) 79-38-305-560 (15) Request of Danny D. McLart (for B. R. Griffin) to change Eart of Tract 40 Suburban Homes Addition City of Lubbock Lubbock County,Texas from "R-2" to "M-1" Zoning District. (Located South of 46th Street LGB:hw ORDINANCE NO. 7866 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. 2233; CHANGE PART OF TRACT 40, SUBURBAN HOMES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO M-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 May 8, 1979, in the Lubbock Avalanche -Journal, a Public Hearing was held on the above referenced matter. Pro2onent: Rip Griffin The "R-2" zoning in question is surrounded on all four sides by industrial -type land uses and industrial zoning. A number of years ago the rest of the property was zoned "industrial", but the "R-2" area in question was left as designated because there were existing homes in the section. These homes have now systematically been removed through the Housing Code Enforcement Program. Proponent indicated the request was for the purposes of developing the area for his business interests. There being no opposition and no discussion, the hearing was declared closed. The 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 and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. Ordinance No. 7867 - Zone Case No. 2235 Request of Dennis Olson (for Hollis Co burn) to thane part of Block 41 Suburban Homes Addition City of Lubbock Lubbock County, Texas from "R-2" to "M-1" Zoning District. (Located about 256 feet North of 50th Street and about 500 feet East of Avenue A)_ LGB:hw ORDINANCE NO. 7867 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. 2235; CHANGE PART OF BLOCK 41, SUBURBAN HOMES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO M-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 May 8, 1979, in the Lubbock Avalanche -Journal, a Public Hearing was held on the above referenced matter. Proponent: Dennis Olson, Attorney, appearing on behalf of Hollis .Cogburn This request for "M-1" zoning change is similar to the previous case. The area is surrounded on all sides by industrial zoning. Proponent indicated the request was for the purposes of developing business interests of his client; that existing structures in the 01R-2" area are red tagged, and there were no problems to his knowledge. There being no discussion and no opposition, the hearing was declared closed. The 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 and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. Ordinance No. 7868 - Zone Case No. 1755-D Request of Frank H. Jones (for Robert Welch and Jim Sowell) to than e a tract of land out of Section 27 Block E-2 City of Lubbock Lubbock 306 AY 2 4 1979 County, Texas, from "C-2" to "C-3" Zoning District. (Located North of 82nd Street and West of Slide Road), subject to the following conditions: that it be tied to the site plan as resented; that it be limited to a grocery store and "C-2" uses. LGB:hw ORDINANCE NO. 7868 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. 1755-D; CHANGE A TRACT OF LAND OUT OF SECTION 27, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2 TO C-3 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. In accordance with Notice published May 8, 1979, in the Lubbock Avalanche - Journal a Public Hearing was held on the above referenced matter. Proponent: Frank Jones, Developer, Amarillo, appearing on behalf of Robert Welch and Jim Sowell This request is located at the northwest corner of 82nd Street and Slide Road, on which exists a large "C-2" tract; proponents are wanting to build a Safeway Grocery Store on this tract. Grocery stores are allowed in "C-2" districts up to a maximum square footage of 35,000 square feet; the proposed store would range in excess of 40,000 square feet upon completion. Likewise, "C-2" zoning requirements reflect a frontage on regional arterials where possible. P & Z's main concern was the matter of excessive square footage anticipated to be used by the proponents (40,000 square feet), P & Z establishing a ceiling of 35,000 square feet to prevent installation of large discount centers in "C-2" areas. It was P & Z's recommendation the installation be limited to grocery store purposes only; and that this installation be tied to the site plan as presented, however proponents' site plan does reflect additional square footage held in reserve for expansion which ultimately would be in the amount of 40,000 square feet. Staff comments reflected that frontage on an arterial was minimally complied with by the fact that Slide Road, currently under construction by the State, would meet this requirement. There was some concern by Councilwoman Jordan over the fact that this additional square footage being held in reserve for future expansion would eventually result in excess of other installations in a "C -2" zone district. There being no opposition and all discussion being concluded, the hearing was declared closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry and Councilman McAlister voting Yea; Councilwoman Jordan voting Nay; Councilman Aderton absent. 79-38-306-561 Zone Case No. 1112-A (16) A eal of Susan Parks (for Howard M. Milburn) to change Lots 1-B and 1-C Sy lvan Dell He hts Addition, Cit of Lubbock Lubbock Count v. Texas to amend the site lan. (Located South of 50th Street and West of Quaker Avenue.) This request is basically to allow one of the Fox Photo booths to sit out in front of the required setback in a commercial area that was zoned by site plan. In 1975, a setback provision was placed in the Ordinance to prevent small buildings from developing out at the front of existing buildings in commercial areas, and therefore proponents were appealing to the Council for consideration. It being an appeal request, it would require a 4/5 vote by the Council for approval. It must be noted that Councilman Aderton was absent from the entire Session on this date. It is the policy of the Council that the proponent may elect to have the request heard by those members of the Council present, or in the alternative, may elect to have his request heard at a later date when all Council members are present. The proponent had indicated to the Staff that he wished to have his matter heard at the June 28, 1979, regular Council Meeting. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to continue this matter until June 28, 1979. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. 306 A MAY 24197 om 79-38-305-5588 (13) 79-38-305-559 (14) 79-38-305-560 (15) 79-38-306-561 (16) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Mari I Yn Pierce a Notary Public in and for Lubbock County, Texas on this day personally appeared J. C. Rickman+ Business Manager 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 i has � been t n published cice r�onttiauto�ussly for Ca 2more than fifty-two weeks prior to the first insertionofthis ii.. Q e r word — $95.45 No. 0052 at Lubbock County, Texas and the attached print- ed copy of the Notice is a true co of the original and was printed in the Lubbock Avalanche -Journal on the following dates: May 89 �i 79. Bus Hass Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 8th day of May , 19 79 MAR N Rat 4� MY COMMIS" -XPIRES FEB. 1, 1980 Notary Public in and for Lubbock Countye Texas NOTICE CITYCOUNCIL HEARING NOTICE Is hereby given to owners of the property hereinafter de- scribed or referred to and to ail other persons as provided by law, that the City Council will hold a Mpubyyl�c hearing on the 2�th day of ttjy'aCouncil Chamber an the Second F toor of the City Hall In Lubbock, Texas, to consider the recommen- lotions of the Planning and Zoning Commission that the joning dis- trict of the property herein de- scribed be changed; and at which time and place all Interested per. sons will be given an opportunity to be heard, after which hearing, the City Council will determine wheth- er the Zoning Ordinance end map will be amended In accordance with such recommendatlon- 1. ZONE CASE NO. 2233— Request of Danny 0. M[Larly (tor B.R. Griffin) to change part of Tract 40. Suburban Homes Addition, City of Lubbock. Lubbock County, Texas, from R-2 to M-1 Zoning District. (located South of 46th Street and about S0a feet East of Avenue A.) The Planning and Zoning Commis - Sion recommended to the City Council that this request be Ap- ppraved. 2. ZONE CASE NO, 2735—Request of Dennis Olson (for Hollis C, burn) to change pert of Block /1, Suburban Homes Addition, City of Lubbock, Lubbock County, Taxes, from R-2 to M-1 Zoning �Istrlct,l' (Located about 256 feet North Of' 50h Street and about 5W feet Ea511' of Avenue A.) The Planning and Zoninghe CoCity m- mission recommended to Council that this request be ap• proved. 3. ZONE CASE NO. 1755-D — Re - Quest rt Welchraand Jim Jones 50wetljo to change a tract of land out of Sec- tion 7, Block E-2, City of Lubbock, Lubbock County, Texas, from C. to C-3 Zoning District. (Located, North of 82nd Street and West oil Slide Road!) The Planning and Zoning Commis- sion recommended to the City Council that this request be ap- proved, subject to the following cooditlons: L'That It be tied to the site plan as presented 2. That Ii be limited to a grocery store and C-2 uses. 4. ZONE CASE NO, 1112-A — Ap- µAlat Mllburn)ntoachange rLo sHoward B and 1-C, Sylvan Dell Heights Add]-_ Lion, City OF Lubbock, Lubbock' county. Texas, to emend the sitel or an. (Located South of 501h Street and West of Quaker Avenue.) The Planning and Zoning Commjs- sion recommended to the City Council that this request be denled. 306 B 1AY � 4 1979 79-38-307-562 (17) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Ma r i I y n Pie r e e 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 has been published continuously for more than fifty-two weeks prior to the first insertion of this Legal Notice - 349 words Ca 239 per word - $80.27 No. 940053 at Lubbock County, Texas and the attached print- ed copy of the N o # I c e is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: May 89 1979. B in ss Manager LUBBOC VALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 8th day of May , 19 79 iYIHr�:L.I I1 t t-•••�-. .... nneannicclnN FxPIRES FEa. 1, 1980 Notary Public in and for Lubbock County, Texas NOTICE OF CITY COUNCIL HEARING NOTICE Is hereby given to all in. ' terested persons as provided by law,, that the City Council will hold. a public hearing on the 24th dayy of May. 1979, at 10.30 a.m., In the Clty Council Chamber on the Second Floor of the City Hall in Lubbock, I Texas, to consider the recommen. dations of the Planning and Zoning Commission that the Zoning Or&. nonce 7094 be amended to amend Sections of said Zoning Ordinance as described below; and at which time and place all interested per. , sons will be given an opportunity to be heard, otter which hearing, the City Council will deterlpine whetbh er the Zoning Ordinance will e amended In accordance with such section 2.528 — Garden Center — A building used for the display and retail sale o1 plants, landscaping materials and horticultural sup - Permitted uses in CJ Districts Section 19.3-26a — Garden Center, Condltlonal uses in C•3 Districts Section 17.4.la —Garden Center Section 2s.6.2•lt — Permit the use of garden centers in the C•3 zoning conditions: district, subject to the following t. The walls of the bullding shall be totally enclosed except for any doors or windows. 2. Overhead doors shall be limited to loadin9lunloading areas and Shaft not be used In COStamer area or display areas. 3. Windows shall be limited to plate glass construction. The maximum window area for each wall shall be 60% of the respective wall area. Glass paned doors shall be deemed windows. 4. The building shall be roofed, at. though slatted, lathe, glass or rigid transparent material type roofing Is acceptable. No roof openings shall be permitted except for the areas between 14 slats or lathe, or as may be required by the Building Code. S. Open space between the top of the wall and the bottom of the roof shall be iimlted to 10%of the total xa11 area. 6, No plants shall be permitted to x project above the roof line or through the roof. 7. This structure must meet the re• qulrements of a building under the Building Code. '107 MAY2� P'ublisher's Affidavit on page 36 B 79-38-307-562 Ordinance No. 7869 (17) An amendment to the Zoning_Ordinance concerning landscaping material retail sales in C-3 districts. LGB:hw ORDINANCE NO. 7869 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY ADDING A DEFINITION FOR GARDEN CENTER, BY MAKING GARDEN CENTER A PERMITTED USE IN THE C-4 ZONING DISTRICT, BY MAKING GARDEN CENTER A CONDITIONAL USE IN THE C-3 ZONING DISTRICT AND BY PROVIDING CON- DITIONS THEREFOR; 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 May 8, 1979, in the Lubbock Avalanche -Journal, a Public Hearing was held on this matter. The proposed amendment is being recommended by the Planning and Zoning Commission as a result of the numerous problems the City has had with "Garden Centers" going in "C-3" zones, where outside storage is not permitted. There has been no directive or design standards for these uses. Two nurserymen on the Planning and Zoning Commission served with the Zoning Administrator in developing these standards. Mr. Bertram, Director of Planning, indicated the purpose of the amendment was to resolve the problem landscaping areas being established in retail stores. There being no opposition and no discussion, the hearing was declared close. Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. 79-38-307-563 Consider the allocation of Community Develo ment contingency funds for (18) First Year utility adjustments ahead of paving. A review of the General Revenue Sharing Fund by'the City's auditors revealed an error in charges made to the utility adjustments ahead -of - paving project in Entitlement Period V. The 1975 CDBG Program allocated $48,400 for installation of water and sewer lines associated with the widening of Avenue A from 46th Street to North Avenue Q Drive, and 4th Street from Avenue X to Avenue A. The total charges were made to the Community Development work order in the sum of $44,156.89. The additional charges of $16,642.19 charged in error to Revenue Sharing Funds will bring the total cost of the CD project to $60,799.08. An allocation in the amount of $16,642 is needed from the CD Contingency Fund to reimburse the Revenue Sharing Fund. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to rectify the Staff's error whereby CD Funds be transferred to Revenue Sharing Funds. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. 79-38-307-564 Consider a re -allocation of General Revenue Sharina Entitlement Period (19) X Funds. The Revenue Sharing Guidelines permit amendments to be made without Public hearings. The needed adjustments are the result of cost under - runs and overruns of previously approved budgets. The summary is as follows: FUND AVAILABLE FROM UNOBLIGATED BALANCES OF COMPLETED PROJECTS $94,679.00 LESS FUNDS NEEDED TO COVER PROJECT OVERRUNS TOTAL FUNDS AVAILABLE FOR REALLOCATION REQUESTS FOR NEW PROJECTS NET FUNDS AVAILABLE FOR REALLOCATION The new projects for which funds are being requested are: ADMINISTRATIVE COST FOR ADVERTISING OF PUBLIC NOTICES, PRINTING, AND SUPPLIES CRIME EYE PROGRAM-25 CRIME EYE CAMERAS REMODEL PORTION OF SECOND FLOOR OF THE TAX OFFICE TOTAL -69 510.11 $25,168.89 -12,465.42 $ 7,703.47 $ 1,000.00 $14,000.00 $ 2_2465.42 $17,465.42 308 JAY 2 �- 1979 79-38-308-565 (20) 79-38-308-566 (21) The total amount for reallocation is $86,975.53. Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to approve the reallocation of Entitlement Period X General Revenue Sharing Funds. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. Ordinance No. 7870 A recommendation of the Electrical Board of Examiners to amend Section 11A-111 of the Code of Ordinances concerning the use of aluminum conductors. LGB:hw ORDINANCE NO. 7876 AN ORDINANCE AMENDING CHAPTER 11A OF THE CODE OF ORDINANCES FOR THE CITY' OF LUBBOCK, BEING THE ELECTRICAL CODE, BY ADDING REGULATIONS TO SECTION 11A-111 PERTAINING TO ALUMINUM CONDUCTORS; PROVIDING FOR A PENALTY AS PROVIDED FOR II' SECTION 1-5 OF THE CITY CODE; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 1, Appearance: Mr. Joe Tarver, Vice -Chairman, Board of Electrical Examiners On April 12, 1979, the Electrical Board of Examiners voted unanimously to recommend to the Council that the Code regarding aluminum conductors be amended. Aluminum branch circuits installed in dwellings at the present time are connected to electric heaters, ranges and air conditioners. Aluminum conductors, through contraction and expansion, creates a loose connection and causes a faulty electrical connection and fire hazard; the aluminum conductors are connected to copper conductors which is prohibited by the National Electric Code, Article 110-14. Mr. Tarver indicated the Board feels it would be advantages to life, safety and welfare of the citizens of Lubbock for this amendment to be adopted. Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. Resolution No. 164 A resolution authorizinE the Mayor to execute Minute Order #75659 with the State Department of Highways and Public Transportation for the reconstruction of Slide Road (F.M. No. 1730) from 82nd Street South a distance of approximately 1.1 miles RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the CITY COUNCIL of the CITY OF LUBBOCK herebyaccepts the II P provisions contained in Minute Order #75659 passed by the Texas State Departments of Highways and Public Transportation Commission on April 26, 1979, for the improvement by said Department of the Roads described below, and that the CITY OF LUBBOCK hereby agrees to the provisions contained therein: On farm to Market Road 1730 from 82nd Street, South a distance of approximately 1 1/10 miles. A copy of said Minute Order is hereby attached hereto as Exhibit A and made a part hereof as if fully copied herein in details in this place. PASSED by the CITY COUNCIL this 24 day of May 19 79 . Isl Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer fP/ 1,0 MAY 2 4 1979 APPROVED AS TO FORM: Isl J. Worth Fullingim _ J. Worth Fullingim, Assistant City Attorney APPROVED AS TO CONTENT: CITY ENGINEERING DEPARTMENT BY: /s/ Wilford D. Watson *NOTE: Documents filed with original Resolution No. 164. The widening of Slide Road for the next mile south of 82nd Street requires the City to furnish right-of-way and will involve working with developers of Lakeridge Country Club to make provisions for drainage along the east side of Slide Road. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. 79-38-309-567 Resolution No. 165 (22) A resolution authorizing the Mayor to sign an addendum to the present contract with Lubbock Transit Corporation for FY 1978-79. DGV"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 Addendum to a Lease Management Agreement executed between American Transit Corporation and the City of Lubbock November 18, 1976, 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 24th day of May ,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelza Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney /a/ Denzel Percifull DENZEL PERCIFULL, Director, Public Services ADDENDUM This Addendum made this 24th day of May 1979, by and through the Lubbock Transit Division of American Transit Corporation, acting by and through its President, hereinafter called the "Contractor", and the City of Lubbock, County of Lubbock, Texas, hereinafter called the "City"; WITNESSETH WHEREAS, on November 18, 1976, an agreement was entered into by and be- tween the above mentioned parties, which agreement provided for services re- lative to the City's transit programs, and; WHEREAS, the contractor desires to clarify the aforesaid agreement to further signify and reaffirm its intent under such agreement; NOW THEREFORE: It is hereby agreed that the Lubbock Transit Division of American Transit Corporation hereby acknowledges and agrees that it shall comply with all terms and conditions of Urban Mass Transportation Adminis- tration grant contracts between the United States and the City of Lubbock, 310 MAY 2 4 1979 79-38-310-568 (23) Texas, the City's applications, assurances, regulations which may apply in carrying out f and all other applicable laws and the accomplishment of the prograts. ;1 This Addendum, together with the Lease Management Agreement, contains al� the agreements of the parties. In witness whereof, the Lubbock Transit Division of American Transit Corporation and the City of Lubbock, Texas, have caused these presents to be executed this 24th day of May , 1979. LUBBOCK DIVISION OF AMERICAN TRANSIT CORPORATION /s/ D. A. Richter President ATTEST: /s/ Hugh C. Ashley _ _- Secretary CITY OF LUBBOCK /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary-Treasu APPROVED AS TO CONTENT: s John L. Wilson John Wilson, Transit Coordinator APPROVED AS TO FORM: Isl Donald G. Vandiver_ Donald G. Vandiver, First Asst. City Attorney This addendum is required to insure that the UMTA Assisted Transit Operation complies with the dictates of the UMTA Grant Contract. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. Resolution No. 166 A resolution accepting avin im rovements constructed by W. D. Turner Construction Company in Horizon West Addition, Lots 114-274 and Tract A. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUE$ AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Horizon West Addition, Lots 114- 274 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 Horizon West Addition, Lots 114-274 and Tract "A" including the following streets: Duke Street from its intersection with the East Paving Line of Frankford Avenue to its intersection with the Northwest Lip Line of North Evanston Drive known and designated as New Sub division Sub -Unit Number 28 of Unit Number 2023. Dartmouth Drive from its intersection with the cul-de-sac 50.00 feet East of the East Property Line of Frankford Avenue to its intersection with the Northwest Lip Line on North Evanston Drive known and designated as New Subdivision Sub -Unit Number 29 of Unit Number 2023. Cornell Street from its intersection with the East Paving Line of Frankford Avenue to its intersection with the Southwest Property Line of Dartmouth Drive known and designated as New Subdivision Sub -Unit Number 30 of Unit Number 2023. MAY 2 4 19 Essex Drive from its intersection with the North Lip Line of Colgate Street to its intersection with a line 16.00 feet South- west of the Southwest Property Line of North Englewood Avenue known and designated as New Subdivision Sub -Unit Number 31 of Unit Number 2023. North il of Colgate Street from its intersection with the West Lip Line of North Dover Avenue to its intersection with a line 9.00 feet East of the West Property Line of Essex Drive known and designated -as New Subdivision Sub -Unit Number 32 of Unit Number 2023. North Englewood Avenue from its intersection with the North Lip Line of Colgate Street to its intersection with the Southeast Lip Line of Dartmouth Street known and designated as New Sub division Sub -Unit Number 33 of Unit Number 2023. North Englewood Avenue from its intersection with the Southeast Lip Line of North Evanston Drive to its intersection with the Northwest Lip Line of North Essex Drive known and designated as New Subdivision Sub -Unit Number 34 of Unit Number 2023. North Englewood Avenue from its intersection with the Northwest Lip Line of North Evanston Drive to its intersection with a line 7.00 €eet' South of the South Property Line of the alley South of Emory Street known and designated as New Subdivision Sub Unit Number 35 of Unit Number 2023. West -� of North Dover Avenue from its intersection with a line 2.00 feet South of the centerline of Colgate Street to its inter- section with a line 7.00 feet South of the South Property Line of the alley North of Duke Street known and designated as New Sub- division Sub -Unit Number 36 of Unit Number 2023. North Elkhart Avenue from its intersection with the cul-de-sac 50.00 feet North of Colgate Street to its intersection with the South Lip Line of Dartmouth Street known and designated as New Subdivision Sub -Unit Number 38 of Unit Number 2023. Cornell Street and North Durham Avenue from its intersection with the cul-de-sac North of Colgate Street to its intersection with the West Lip Line of North Dover Avenue known and designated as New Subdivision Sub -Unit Number 39 of Unit Number 2023. North Evanston Drive from its intersection with the Southwest Property Line of Dartmouth Drive to its intersection with a line 16.00 feet Northeast of the Northeast Property Line of Englewood Avenue known and designated as New Subdivision Sub -Unit Number 40 of Unit Number 2023. Duke Street from its intersection with the Northeast Property Line of North Englewood Avenue to its intersection with the West Lip Line of North Dover Avenue known and designated as New Subdivision Sub -Unit Number 41 of Unit Number 2023. Dartmouth Street from its intersection with a line 16.00 feet Southwest of the Southwest Property Line of North Englewood Avenue to its intersection with the West Lip Line of North Dover Avenue known and designated as New Subdivision Sub -Unit Number 43 of Unit Number 2023. Drainage. Slabs on Cornell Street (N.S. 2023-30), North Evanston Drive (N.S. 2023-40) and North Englewood Avenue (N.S. 2023-34) known and designated as New Subdivision Sub -Unit Number 43-(A) of Unit Number 2023. AND WHEREAS, the construction of the above improvements on the abovementioned 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 relosution shall take effect and be in force from and after its passage. 312 MAY 2 4 1979 -PASSED AND APPROVED THIS 24TH DAY OF MAY, 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney These paving improvements were done in accordance with City specifications; there is no City cost; the developer's cost is in the amount of $250,489.66. 79-38-312-569 Resolution No. 167 (24) A_resolution accepting Raving improvements constructed by W. D. Turner Construction Company in Woodland Park Addition, Lots 131-269 and Tract A. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Woodland Park Addition, Lots 131-269 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 Woodland Park Addition, Lot 131-269 and Tract "A" including the following streets: 75th Street from its intersection with the East Lip Line of Wayne Avenue to its intersection with a line 15.00 feet West of West Property Line of Vicksburg Avenue known and designated as New Subdivision Sub - Unit Number 14 of Unit Number 2025. 76th Street from its intersection with the East Lip Line of Wayne Avenue to its intersection with the West Lip Line of Utica Avenue known and designated as New Subdivision Sub -Unit Number 15 of Unit Number 2025. 77th Street from its intersection with the East Lip Line of Wayne Avenue to its intersection with the East end of cul-de-sac East of Vinton Avenue known and designated as New Subdivision Sub --Unit Number 16 of Unit Number 2025. Wayne Avenue from its intersection with a line 7.00 feet North of North Property Line of alley North of 75th Street to its intersection with a line 15.00 feet Northwest of Northwest Property Line of 78th Street known and designated as New Subdivision Sub -Unit Number 17 of Unit Number 2025. Vinton Avenue from its intersection with a line 15.00 feet North of North Property Line of 78th Street to its intersection with the South Lip Line of 77th Street known and designated as New Subdivision Sub - Unit Number 18 of Unit Number 2025. Vicksburg Avenue from its intersection with North Lip Line of 76th Street to its intersection with a line 15.00 feet West of West Property Line of Vicksburg at 75th Street known and designated as New Subdivision Sub -Unit Number 19 of Unit Number 2025. West 1/2 of Utica Avenue from its intersection with a line the 15.00 feet North of North Property Line of 78th Street to its intersection with a line 7.00 feet North of North Property Line of alley North of 76th Street known and designated as New Subdivision Sub -Unit Number 20 of Unit Number 2025. Various concrete construction for Lots 179-269 known and designated as New Subdivision Sub -Unit Number 21 of Unit Number 2025. .31 tAp 2 n W" "Po F F 74th Street from its intersection with the East Property Line of Slide Road to Its intersection with the West Lip Line of Zoar Avenue known and designated as New Subdivision Sub -Unit Number 23 of Unit Number 2025. 75th Street from its intersection with the East Property Line of Slide Road to its intersection with the West Lip Line of Zoar Avenue known and designated as New Subdivision Sub -Unit Number 24 of Unit Number 2025. 76th Street from its intersection with the East Raw Edge of Slide Road to its intersection with the elbow intersection with Zoar Avenue known and designated as New Subdivision Sub -Unit Number 25 of Unit Number 2025. 77th Street from its intersection with the East Raw Edge of Slide Road to its intersection with a line 60.00 feet North of North Property Line of Lot 156 known and designated as New Subdivision Sub -Unit Number 26 of Unit Number 2025. 78th Street from its intersection with the East Raw Edge of Slide Road to its intersection with a line 35.00 feet North of North Property Line of Lot 176 known and designated as New Subdivision Sub -Unit Number 27 of Unit Number 2025. 79th Street from its intersection with a line 7.00 feet West of West Property Line of alley West of Zoar Avenue to its intersection with the elbow intersection with York Avenue known and designated as New Subdivision Sub -Unit Number 28 of Unit Number 2025. North 112 of 82nd Street from its intersection with the East Raw Edge of Slide Road to its intersection with a line 16.00 feet West of West Property Line of Winston Avenue known and designated as New Subdivision Sub -Unit Number 29 of Unit Number 2025. Zoar Avenue from its intersection with a line 7.00 feet South of South Property Line of alley South of 73rd to its intersection with the elbow intersection with 76th Street known and designated as New Subdivision Sub -Unit Number 30 of Unit Number 2025. York Avenue from its intersection with a line 60.00 feet North of North Property Line of Lot 156 to its intersection with the elbow intersection with 79th Street known and designated as New Subdivision Sub -Unit Number 31 of Unit Number 2025. Zoar Avenue from its intersection with a line 35.00 feet North of North Property Line of Lot 176 to its intersection with the North Lip Line of 79th Street known and designated as New Subdivisions Sub -Unit Number 32 of Unit Number 2025. York Avenue from its intersection with the North Lip Line of 82nd Street to its intersection with a line 698.96 feet North of North Lip Line of 82nd Street known and designated as New Subdivision Sub - Unit Number 33 of Unit Number 2025. Various drainage structures for Lots 131-178 known and designated as New Subdivision Sub -Unit Number 34 of Unit Number 2025. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said Improve- ments have been completed and have been inspected and found to have been construct- ed in accordance with City specifications and in accordance with 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 24TH DAY OF MAY, 1979. ATTEST: Ls/ Dirk West Dirk West, Mayor Isl Evelyn Gaf f a Evelyn Gaffga, City Secretary U4 2 4 1979 79-38-314-570 (25) APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Rose, Jr. _ John C. Ross, Jr., City Attorney The City's cost is in the amount of $1,176.13; the developer's contract is in the amount of $345,960.37. Resolution No. 168 A resolution accej2tina pavingimprovements constructed by W. D. Turner Construction Company on a portion of the 1978 Assessment Paving Pro ram- G.W.O. 10,956 Streets ('10 Sub -units). RESOLUTION NO. 168 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCEOF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with W.D. Turner Construction Company (G.W.O. 10,956 - Streets) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: 59th Street from its intersection with a line 18.00 feet West of the West Property Line of York Avenue to its intersection with a line 18.00 feet East of the East Property Line of Wayne Avenue known and designated, as Sub -Unit Number 30 of Unit Number 2234. 60th Street from its intersection with a line 18.00 feet West of the West Property Line of York Avenue to its intersection with a line 18.00 feet East of the East Property Line of Wayne Avenue known and designated as Sub -Unit Number 31 of Unit Number 2234. Wayne Avenue from its intersection with a line 18.00 feet South of the South Property Line of 59th Street to its intersection with a line 18.W feet North of the North Property Line of 60th Street known and designated as Sub -Unit Number 32 of Unit Number 2234. 59th Street from its intersection with a line 18.00 feet East of the East Property Line of Vicksburg Avenue to its intersection with a line 16.00 feet West of the West Property Line of Utica Avenue known and designated as Sub -Unit Number 42 of Unit Number 2234. 60th Street from its intersection with a line 18.00 feet West of the West Property Line of Vicksburg Avenue to its intersection with a line 16.00 feet West of the West Property Line of Utica Avenue known and designated as Sub -Unit Number 43 of Unit Number 2234. Utica Avenue from its intersection with a line 18.00 feet South of the. South Property Line of 59th Street to its intersection with a line 18.00 feet North of the North Property Line of 60th Street known and designated as Sub -Unit Number 7 of Unit Number 2235. Utica Avenue from its intersection with a line 18.00 feet South of the South Property Line of 60th Street to its intersection with a line 18.00 feet North of the North Property Line of 61st Street known and designated as Sub -Unit Number 8 of Unit Number 2235. Utica Avenue from its intersection with a line 18.00 feet South of the South Property Line of 61st Street to its intersection with a line 18.00 feet North of the North Property Line of 62nd Street known and designated as Sub -Unit Number 9 of Unit Number 2235. Utica Avenue from its intersection with a line 18.00 feet South of the South Property Line fo 62nd Street to its intersection with a line 18.00 feet North of the North Property Line of 63rd Street known Y and designated as Sub -Unit Number 10 of Unit Number 2235. MAY 2 4197� P F P r Fil Utica Avenue from its intersection with a line 18.00 feet South of the South Property Line of 63rd Street to its intersection with a line 18.00 feet North of the North Property Line of 64th Street known and designated as Sub -Unit Number 11 of Unit Number 2235. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been con- structed in accordance with terms of said contract G.W.O. 10,956 - Streets. 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 portion 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 proceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF MAY, 1979. s/ Dirk West Dirk West, Mayor ATTEST: -Is/ 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 These paving improvements include Utica Avenue, 59th Street to 64th Street, 2 blocks on 59th Street, 2 blocks on 60th Street, and Wayne Avenue between 59th Street and 60th Street. 79-38-315-571 Resolution No. 169 (26) A resolution accepting paving improvements constructed by Kerr Construction Company in Croslin Industrial Addition, Lots 4-13. RESOLUTION NO. 169 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Croslin Industrial, Addition, Lots 4-13, made arrangements with Kerr Construction Company for the construction of paving improvements on certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Croslin Industrial Addition, Lots 4-13 including the following street: North Birch Avenue from 13.00 feet South of South Property Line of East Queens Street to North Lip Line of Loop 289 Access Road known as New Subdivision 2025-04. AND WHEREAS, the construction of the above improvements on the abovementioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected 16 ' 2 41979 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 street 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. Ix. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF MAY, 1979. Isl Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney These improvements are in accordance with subdivision regulations; there is no City cost; the developer's cost is $4,503.99. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass Resolutions No. 166, 167, 168, and 169, referenced above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. 79-38-316-572 Resolution No. 170 (27) A Street Use License for use of a water well and lines in Salem Avenue from the _alley North of 88th Street to the boundary of Lakeridge Country Club South of 89th Street and authorize same. JWF:cl RESOLUTION NO. 170 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 in favor of Lakeridge Country Club Estates, a joint venture composed of Lakeridge Country Club Estates, Inc. and FFS Corporation 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 24th day of May ._ ,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: _(s( Tom Ni_vens Tom Nivens, R.O.W. Agent APPROVED AS TO FORM: 0 Isl J. Worth Fullin im J. Worth Fullingim, Asst. City Attorney AAY 2 an om OW- STREET USE LICENSE THE STATE OF TEXAS $ COUNTY OF LUBBOCK § This indenture made this 24th day of May , 1979, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and Lakeridge Country Club Estates, a joint venture composed of Lakeridge Country Club Estates, Inc. and FFS Corporation, Lubbock County, Texas, hereinafter called "LICENSEE." WINESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct and maintain a water well and water lines in Salem Avenue at the following locations: 2.00 feet either side of a centerline extending from .7 feet North and 20.00 feet East of the Northeast corner of Lot 181, Lakeridge Country Club Estates to the City of Lubbock, Lubbock County, Texas, to 18.00 feet West for the water well. 2.00 feet either side of a centerline which is .7 feet North and 16.00 feet East of the Northeast corner of Lot 181, Lakeridge Country Club Estates an Addition to the City of Lubbock, Lubbock County, Texas, said centerline extending South a distance of 607.7 feet to a point 16.00 feet East of the Southeast corner of Lot 205, Lakeridge Country Estates, for the water line. Water lines are to be buried at least 48 inches below ground surface level. 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 4806-84th Street, 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 ONE HUNDRED AND NO/100 ($100.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement 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 318 f 2 4 1979 r 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. 11 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. 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph Five (5D. 9. LICENSEE, by the acceptance of the uses permitted herein, understanc 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 < 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/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary -Treasurer AGREED TO AND ACCEPTED this 6th APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: CITY OF LUBBOCK BY /s/ Disk West DIRK WEST, MAYOR day of June , 1979. LICENSEE: Lakeridge Country Club Estd'tes Lakeridge Country Club Estates, Inc.11 BY /s/ Mike PRESIDENT FFS Corporation BY /s/ Roddy Sta Vice President /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § 1 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 be the person whose name is subscribed to the foregoing instrument and ac- knowledged to me that he executed the same as the act and deed of the CITY LUBBOCK and as Mayor, for the purposes and consideration therein expressed in the capacity therein stated. 1979. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 25th day of (Seal) Is/ Jackie Suter Notary Public, Lubbock County, Texas La 0� 11 831 l.r MAY N 41979 And the right of grading, conditioning, installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and main- tenance of air navigation and telecommunications facilities. And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which fixtures, additions, or structures so placed in or upon or attached to the said premises shall be and remain the property of the Government and may be removed upon the termination of this lease or within 90 days thereafter by or on behalf of the Government, or its grantees or purchasers of said fixtures, additions, struc- tures, or signs. 3. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning July 1, 1979 and ending with June 30, 1980. 4. The City shall pay the lessor for the premises, rent:at the following rate for the term set forth in Article No. 3 above: Two Hundred and no/100 Dollars ($200.00) per annum. Payment shall be made annually in advance in said amount of $200.00 payable on each July first of each year during the life of this lease, the first payment being due with the beginning date of the term of this lease, being July 1, 1979. 5. This lease may, at the option of the City, be renewed from year to year at an annual rental of $200.00 (Two Hundred and no/100 Dollars) per annum, in advance as aforesaid, and otherwise upon the terms and conditions herein specified. The City's option shall be deemed exercised and the lease renewed each year for one year unless the City gives 30 days' notice that it will not exercise its option, before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of June 1989. WITNESS OUR HAND AT LUBBOCK, TEXAS this 24th day of May ,1979. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right of Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney /s/ Imogene Bowman IMOGENE BOWMAN _ --- /s/ Betty Smith BETTY SMITH - THE STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ Disk West DIRK WEST, MAYOR s James W. Bowman JAMES W. BOWMAN s/ Edward S. Smith Jr. EDWARD S. SMITH, JR. BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DIRK WEST, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 25th day of May ,1979. Isl Jackie Suter Notary Public, Lubbock County, Texas MAY 2 4197B THE STATE OF TEXAS COUNTY OF LUBBOCK Before me, the undersigned authority, on this day personally appeared JAMES W. BOWMAN, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 2nd day of ,tune ,1979. (Seal) THE STATE OF TEXAS COUNTY OF LUBBOCK /s/ George G. McDuff Notary Public, Lubbock County, Texas Before me, the undersigned authority, on this day personally appeared TMOGENE BOWMAN, wife of the said ,TAMES W. BOWMAN, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 2nd day of June J�I1979. (Seal) Notary Public, Lubbock County, THE STATE OF TEXAS COUNTY OF Crosby Before me, the undersigned authority, on this day personally appeared EDWARD S. SMITH, JR., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 1st day of June ,1979. (Seal) THE STATE OF TEXAS COUNTY OF Crosby /s/ Mardi Grant Notary Public, Crosby County, Texas Before me the undersigned authority, on this day personally appeared BETTY SMITH, wife of the said EDWARD S. SMITH, JR., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 1st day of June ,I1979. 11 (Seal) /s/ Mardi Grant Notary Public, Crosby Countty, Texas 1 MAY z .4 1979 79-38-319-573 (28) THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared Mike Myers President of Lakeridge Country Club Estates, Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4th day of June 1979. /s/Carol Whitson (Seal) Notary Public, Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared Roddy Stargel, Vice, President of FFS Corporation, known to me to be the person whose name is sub- scribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 6th day of June 1979. (Seal) /s/ Carol Whitson Notary Public, Lubbock County, Texas The developer has requested that he be allowed to retain the use of the existing irrigation well and line. The well and line fall within Salem Avenue from the alley north of 88th Street, to the alley south of 89th Street, the developer is to be responsible for the expense of the adjustments that will need to be made in order to pave the streets. The well will have to be changed to a submersible pump with an access manhole constructed in the street. The license is for 20 years and the fee is $100. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. Ordinance No. 7871 An ordinance to abandon a and Elgin Avenues that is subject to replat. close a ortion of 40th Street between Flint jacent to Lots 9 through 16, McMath Subdivision ORDINANCE 7871 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: 40TH STREET BETWEEN FLINT AND ELGIN AVENUES THAT IS ADJACENT TO LOTS 9 THROUGH 16 (INCLUSIVE) MCMATH 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 STREET PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This request is in conjunction with the Parks Department establishing a park area on the north side of Wheelock School. The City needs to retain a utility easement; it is recommended that abandoning and closing a portion of 40th Street be approved, subject to replatting before second reading. 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 and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. 79-38-319-574 Resolution No. 171 (29) A resolution authorizing the Mayor to execute a Lease Aigreement between the City of Lubbock (as lessee) and Imogene Bowman and James W. Bowman and Betty Smith and Edward S. Smith Jr. (as lessors). 32wo MAY 2 4 1979 JWF:cl RESOLUTION NO. 171 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 Lease Agreement to be entered into by and between said City (as Lessee) and Imogene Bowman, and husband, James W. Bowman, and Betty Smith, and husband, Edward S. Smith,Jr., (Collectively as Lessors), attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shallI constitute and be a part of this Resolution as if fully copied herein in detkil Passed by the City Council this 24th day of May ,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ EvelM. Gaffga _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right of Way Agent APPROVED AS TO FORM: /s f J . North Fullingim _ ..--- J. Worth Fullingim, Asst. City Attorney LEASE between IMOGENE BOWMAN and JAMES W. BOWMAN AND BETTY SMITH and EDWARD S. SMITH, JR AND THE CITY OF LUBBOCK, TEXAS 1. This LEASE, made and entered into and effective as of the 1st day of July, 1979, by and between IMOGENE BOWMAN; JAMES W. BOWMAN; BETTY SMITH, and EDWARD S. SMITH, JR., whose address is Court Place Building, Main at Texas Avenue, Lubbock, Texas 79401, for themselves, their heirs, executors, admin- istrators, successors, and assigns, hereinafter called the "lessor", and the CITY OF LUBBOCK, TEXAS, a Home Rule municipality located in Lubbock County, Texas, hereinafter called the "CITY": WITNESSETH: The parties hereto for the consideration hereinafter men- tioned covenant and agree as follows: 2. The lessor hereby leases to the City the following described property, hereinafter called the premises, viz: A tract of land more particularly de- scribed as follows: Beginning at the southeast corner of the southwest quarter of Section 281 Block D, Abstract 729, Lubbock County, Texas, which is near the center of the existing county road, proceed westerly along said county road a distance of 459 feet; thence proceed north 40 feet to the Point of Beginning; thence proceed west 100 feet to a point; thence north 55 feet to a point; thence east 100 feet to a point; thence south 55 feet to the Point of Beginning, said tract containing 5,500 square feet, more or less, as provided for in Partition Deed dated 11 April 1969 and recorded in Volume 1200, page 559 in Deed records of Lubbock County, Texas. All bearings are true. It is the intention of the City to sublease and/or sublet the facility to the Federal Aviation Administration of the United States Government, herein- after called "Government", at no cost to Government as consideration for the services this facility renders the airport owned and operated by City. Lessor herewith consents to said subleasing and/or subletting arrangement between City and Government by execution of this Lease as Lessor. MAY 2 4 1979 79-38-323-575 (30) The FAA presently holds the lease on this outer marker beacon until June, 1979. Due to a change in FAA policy, the City will be required to maintain the lease agreement for this facility. The outer marker beacon is a small building approximately 10' x 10' surrounded by protective cyclone. The beacon produces a radio signal that is used by aircraft approaching Lubbock International Airport. The facility is approximately 1 1/2 miles north of the Airport, just east of New Deal; it is near FM 1729 which goes east out of New Deal. The annual lease amount is $200 and is included in the Airport Operating Budget. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. Ordinance No. 7872 An appropriation_ ordinance from Electric Bond Fund for labor and materials for erection and r=Ransion of Co-op substation. ORDINANCE NO. 7872 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 $25,000.00 For the following purpose: For labor and materials for erection and expansion of Co-op substation. AND IT IS SO ORDERED Passed by the Council on first reading this 24th day of MaX 1979. Passed by the Council on second reading this day of 11979. DIRK WEST, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer VERIFIED BY: /s/ Sterling K. Miller FINANCE OFFICER APPROVED AS TO CONTENT: /sf Bill Mood Bill Wood, Director of Electric Utility Planning, Development and Production APPROVED AS TO FORM: /s! John C. Ross, Jr. _._..._, John C. Ross, Jr., City Attorney Mayor Pro Tem Henry presiding. This appropriation ordinance is in the amount of $25,000 for labor and materials to be used in the expansion of Co-op Substation at 26th Street and Globe Avenue. When the new 138 KV line is completed, it will be the backbone of our transmission system running from Holly Plant through the center of town to the Vicksburg Substation, located at 29th Drive and Vicksburg Avenue. 3w4 MAY 2 4 1979 The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor Pro Tenn Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Mayor West abstaining; Councilman Aderton absent. 79-38-324-576 Consider bid for City --of Lubbock depository contract. (31) _ - Pursuant to Council action of May 10, 1975, delaying action on the above matter, the item reappears for consideration. The Director of Finance Sterling Miller prepared an analysis of the bid received from Texas Commerce Bank, the analysis also reflecting depository contracts of other governmental entities in Lubbock, and the survey of 20 other cities in Texas regarding their contracts. The City Attorney, in reviewing the bid received from Texas Commerce Bank, indicated that the Bank possibly altered the bid, thus not meeting the specifications required or called for. Mr. Miller indicated that the bid is a noncompetitive bid in view of the fact that it was the only one received; that under the Statutes the City is compelled to contract with the one of the local banks as a depository; that they will probably give some thought to revising the specifications at the time the contract is to be submitted for bid again; that the bid submitted by Texas Commerce Bank is for a two-year period of time and various parts of the bid have been negotiated, thus improving the position of the City. He indicated that in light of the fact that the present contract expires May 31, 1979, he does recommend that this bid be accepted; and that the City Attorney prepare a contract reciting the terms and conditions under which the bid is accepted. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan that the bid of Texas Commerce Bank to serve as depository for the City of Lubbock funds for a two-year period be accepted. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. 79-38-324-577 Discuss Munici al Court of Record. - Resolution No. 173 (32) Councilwoman Jordan requested this matter be placed on the agenda for NOTE: Copy of Resolution No. the purpose of having the record reflect the appreciation of the Council 173 on page 324 A. to members of the State Legislature from this area for their support and assistance in getting this Bill passed; and to express the Council's appreciation to members of the Lubbock County Bar for their support in favor of the Bill PRIOR TO the passage of the Bill; and requested that the appropriate resolution be prepared for the signature of the Mayor expressing the Council's appreciation. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister directing the Staff to prepare an appropriate resolution to the members of the State Legislature from the Lubbock area and to the Lubbock County Bar Association expressing appreciation for their support and assistance in the passage of the Municipal Court of Record for the City of Lubbock. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. 79-38-324-578 Consider claims - against the City. .. (32-A) Claim #79-C-297 Harry A. Knight-$46.25 Type of Claim: Plumbing Bill Related to Sewer Backup Claim #79-C-299 Danny Gene Spain-$392.29 Type of Claim: Auto Damage from Hitting Pothole Claim #79-C-288 Benny Lopez-$70.09 Type of Claim: Auto Damage from Hitting Pothole Claim #79-C-284 Martha Altier-$127.70 Type of Claim: Auto Damage from Hitting Pothole Claim #79-C-293 Don Starks-$75.00 Type of Claim: Auto Damage from Hitting Pothole Claim #79-C-289 Scott Breadlove-$130.14 Type of Claim: Auto Damage from Hitting Pothole The Council commented on the number of the above referenced claims resulting from auto damage from hitting a pothole, supposedly all on the same vicinity or location. Vaughn Hendrie responded that the public does not have any support of or respect for barricades placed in position as a warning for these hazardous areas; that frequently the barricades are removed thus exposing the hazardous areas to unsuspecting drivers; the Public Information Director was instructed to inform the news media of the nature of these problems. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to DENY the above referenced claims. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. 11 324 A MAY 2 4 1979 79-38-324-577 JCR:cl (32) RESOLUTION NO. 173 WHEREAS, the citizens of the City of Lubbock have for many years had a great desire and need for a Municipal Court of Record to insure that justice is obtained in the Municipal Courts of the City of Lubbock and that the taxpayers of the City of Lubbock do not have to bear the financial burden of repetitive jury trials in the County Courts of Lubbock County; and WHEREAS, the Lubbock County Bar Association and local representatives to the State Legislature, to -wit: the Honorable E.L. Short, State Senator, and the Honorable Froy Salinas and the Honorable Nolan "Buzz" Robnett, State Representatives, were all instrumen in achieving the creation and passage of legislation creating a Municipal Court of Record for the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the City Council of the City of Lubbock and the people of the City of Lubbock express their appreciation and gratitude to the Lubbock County Bar Association, Senator E.L. Short and Representatives Froy Salinas and Nolan "Buzz" Robnett for their efforts on behalf of the City of Lubbock in the creation and passage of legislation creating a Municipal. Court of Record for the City of Lubbock. Passed by City Council this 24th day of .May _A979. ATTEST: /s/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /sl John C. Ross, Jr. _ John C. Ross, Jr., City Attorney Zsl Dirk West DIRK WEST, MAYOR MAY 2 4 1979 f .3O&W MAY 2 4 - Eb am w■. 79-38-325-579 Arnold Maeker, Chairman of LP&L Study Committee will appear to present ( 6) recommendation of Study Committee. n' Mayor Pro Tem Henry presiding. The following members of the LP&L Study Committee joined the Council for lunch: Mr. Arnold Maeker, Chairman Mr. Bob Nash Ms. Patsy Edwards Mr. Charley Pope Mr. J. Owen Gilbreath Mr. Kenneth Thompson Dr. Bryce Campbell Mr. Eddie Richardson Mr. Maeker presented the following recommendations: I. That utmost care be exercised on behalf of the taxpayers to operate a public utility in an attractive business environment; that it would not be advantageous for LP&L to be sold, or for SWPS to discontinue service; that it is good for the community to have a competing environment, and the Council should be careful to maintain such an environment that would be attractive for SWPS to stay in the community, and for LP&L to continue to operate as a public -owned utility. 2. That appropriate action be taken to reduce the cost of production and delivery of electric power by increasing the base load and off-peak utilization, and a continuing program of maintenance and production -efficiency be emphasized. Mr. Maeker indicated that the ratio was: 2.8 - SWPS - cost per kwh 3.16 - LP&L - cost of kwh The Committee recommends this difference be reduced if possible, and this reduction could take place as more efficient equipment of LP&L is used to the maximum. The Committee also recommends that the Council needs to make sure that a proper maintenance program be in effect; that Council action not drain from LP&L revenues those funds which could be used for a good maintenance program; that such action would prove to be short-sightedness. 3. That the present financial relationship between the City and LP&L be maintained rather than separated, but the reporting format be restructured and implemented to provide information which delineates the LP&L operation, with special emphasis on those areas of shared services. The Committee feels the citizenry is entitled to know the amount and degree of shared services and the format of the separation. 4. That an additional statement of revenue and expenses providing continuous annual reporting be made available to the public in the form of a utility mail-stuffer, or advertisement. The Committee feels the average citizen does not understand the financial report and it should be reduced in a manner for their understanding. 5. That no change be made in the role of the Electric Utility Board at the present time; that the ultimate responsibility should rest with the Council by virtue of the fact that it (the Council) is ultimately responsible to the voters; that the Committee does not want to be a part of the organization if it would add to the bureaucracy; that the Board operating LP&L be held at arm's length, as the citizens need direct access to the Council. 6. That necessary action be continued to effectuate an inter- connect at the earliest possible time, the details to be determined by appropriate orders under the direction of the glectric Utility Board. It is important that all studies appropriate to this matter be made under the direction of the Electric Utility Board. w 2 4 1979 7. That an item be shown on the financial statement with respect to the money loaned to LP&L from the General Fund, said item to be corrected by an appropriate entry, and a footnote to be made on the financial statement with an explanation. In the late 1960s $2 million was allocated to LP&L from the General Fund; all of this has been paid back, but the bookkeeping procedures have not been updated. This is considered a misleading statement and procedures should be such that money would not be drawn from LP&L to repay this item, the records reflecting accurately this transaction, as explained in the footnote. 8. That the present application of 8% as reflected in the current formula (Ord. 7750), transferring payments to the General Fund be continued; that any modification should be made after careful consideration by the Electric Utility Board and the City Council. The existing 8% appears to be reasonable and a valid determination, but the Committee does submit to the Council the reminder that it is beneficial to the public for LP&L to remain a viable utility, and to drain LP&L of funds as a policial expediency is seen by the Committee as unwise. 9. That the Committee review the progress relative to these recommendations at the end of a six month's period commencing at the time of adoption, and report the findings to the Council. Many hours have been spent by the Committee and Staff in educating the Committee as to the entire situation, and after six months' trial period with these recommendations, certain assessments could be made by the Committee. Mr. Maeker moved that these recommendations be adopted. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to accept the recommendations of the Committee, expressed their gratitude to the Committee for a thorough job done, and recommended this Committee report to the Council their assessment of the matter six months' from date of adoption. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent; Mayor West abstaining,. 79-38-326-580 Consider two appointments to the WATER RESOURCES BOARD. J. C. Chambers (33) and Esther Sepeda declined the appointments -to the Board. Raoul Sepeda Ben Stribling Term: Indefinite 5013 - 15th 797-9164 3436 Avenue H 763-6551 3313 - 54th 792-8112 2005 Broadway 763-1991 The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to appoint Raoul Sepeda and Ben Stribling for an indefinite term. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. 79-38-326-581 Consider one a220intment to the LUBBOCK CITIZENS (34) to fill the unexpAred term of Jeannie Field who 79-38-326 -582 (35) 79-38-326-583 (36) Fle!d's term expires July 13, 1979. Vic Vines 1802 - 5th St. Term Expiring: 7/13/79 FFIC COMMISSION resigned. Ms. 762--5725 The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to appoint Vic Vines to fill the unexpired term of Jeannie Field, who resigned. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. Consider one apEointment to the Lubbock PUBLIC TRANSIT ADVISORY BOARD. John Kreiger (reappointed) 4616- 8th 797-9221 Term: 3 years, 5/24/79 - 6/24/82 The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to reappoint John Kreiger for a term of 3 years. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. Consider one ap The term of Pat tment to the BOARD OF EXAMINERS AND bs expires June 1. 1979. Pat Hobbs (reappointed) 2306 - 59th Term: 5/24/79 - 6/1/83 799-2016 BUILDING). 32 MAY 2.415 79-38-327-584 (37) The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to reappoint Pat Hobbs for a term of 3 years. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. Resolution No. 172 Consider creation of 1979 BUILDING CODE STUDY COMMITTEE and appoint the seven existing members of the Board of Examiners and Appeals (Building), plus five (5) additional members to staff this Committee, and authorize same. LGB:hw RESOLUTION NO. 172 WHEREAS, the City Council has determined that in the upgrading and redevelopment of existing buildings within the City of Lubbock, a study should be made of the City Building and Mechanical Code and the Life Safety codes to determine the most effective method of effecting such redevelopment; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a 1979 Uniform Building and Mechanical Code Study Committee is hereby established for the purpose of reviewing the City of Lubbock Building and Mechanical Codes and Life Safety Codes for the purpose of considering the most effective approach to redevelopment of the existing buildings within the City considering the need for redevelopment and the concern for the safety of persons and property. THIS committee shall remain in existence until a final report of its recommendations is made to the City Council. THE members of the committee shall be composed of the members of the Building Board of Appeals for the City of Lubbock plus five additional committee persons to be drawn from the city populace and appointed by the City Council. The City Council shall also designate the committee person to serve as chairperson. Passed by the City Council this 24th day of May 1979. s DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ C. C. Turquette, Jr. Cecil Turquette, Administrator -T Building Inspection APPROVED AS TO FORM: /s/ Leon Bean Leon Bean, Assistant City Attorney Henry Huneke 8106 Gary 795--3633 9602 University 745-2690 Darrell Vines 2806 - 25th 799-6121 H. R. Bundock 2330 - 57th 795-3487 1701 Slaton 745-5565 Everette Abernathie 3427 - 61st 799-1244 3217 - 34th 792-5166 M. B. Smith 4010 - 39th 799-8870 The purpose of these appointments is to establish the "1979 Code Study Committee." The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve Resolution No. 172 and above referenced appointments. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. .3�S Y 2 41979 There being no further business, the motion was made by Councilwoman Jordan, seconded by Councilman McAlister to adjourn. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent. 'B%RK WEST, MAYOR ATTEST: le - A—Jo�e� ELYN GAF A, = SE -TREASURER READ AND APPROVED THIS THE 14th DAY OF .Tune 1979. ATTEST: WEST, MAYOR OAF �iMU47,100 i