Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 6/14/197911 i r 79-38-329-585 (1) 79-38-329-586 (2) 79-38-329-587 (3) 79-38-329-588 (4) 79-38-329-589 (5) 79-38-329-590 (6) REGULAR CITY COUNCIL MEETING JUNE 14, 1979 The City Council of the City of Lubbock, Texas, met for its regular meeting on Thursday, June 14, 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. The invocation was given by Sam Wahl, Director of Water Utilities. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. Approval of Minutes - Regular Meeting, May 24 1979 The motion was made by Councilwoman Jordan, seconded. by Councilman McAlister to approve said minutes, as amended. Motion carried: Mayor West, Mayor Pro Tem. Henry, Councilwoman Jordan, Councilmen McAlister and Aderton voting Yea; none voting Nay. Citizen Appearances Board Appointments Everette Abernathie - 1979 Building Code Study Committee Henry Huneke - 1979 Building Code Study Committee Raul Sepeda - Water Resources Board Proclamations "Kind Week" - June 11-17, 1979 Receiving: Norwood Andrews III Elizabeth Andrews Philli2 David Dow Tia Hudon McDonald's Clown McDonald's Employee "Beef for Father's Day" - June 17, 1979 Receiving: Francis Owen "Gary Ashby Day" - June 18, 1979 Receiving: Gary Ashby "Lubbock State School Week" - June 24-30, 1979 Receiving: Dick McCann 79-38-329-591 Phil Hoe1 Chairman of the Parks & Recreation Board to appear (6) to present recommendations to revise party house rental rates and to establish user fees for various recreation programs. Mr. Hoel, Chairman of the Parks and Recreation Board, appeared before the Council to make the following recommendations: 1. That party house rental fees, which have not been raised in the last ten years, be increased as follows: Party House Mahon A.B. Davis Mackenzie Terrace/ East Broadway* Lou Stubbs Bar-B-Q Pit (Party House Only) Bunk House Little Party House House & Buddy Holly Area Current Proposed Weekday Weekend Weekday Weekend $5 $7 $10 $12 5 7 8 10 5 7 10 12 5- 7 8 10 5 7 8 10 5 7 5 7 2.50 3.50 5 7 Not Set 25 35 *No increase proposed until Mackenzie Terrace is closed and the new East Broadway Party House opens. 30 �. _.. The additional revenue from these increases is estimated at $7,100 annually; that the effective date is recommended to be July 1, 1979, with the exception that those reservations presently made will not be affected by the proposed increase. 79-38-330-592 (7) 2. That user fees for various recreational programs be established for the purpose of offsetting cost of electricity, materials, etc.; that nine such programs are involved; that all revenues would be directed back into the General Fund of the City. The estimated increase in revenues is $43,295. Mr. Hoel indicated that both recommendations had the unanimous approval of the Parks and Recreation Board, and moved that they be adopted. In response to Council query that some of the proposed increases were so small and whether or not it was worth the effort, Mr. Hoel responded that these increases would be incorporated into the membership fees thus eliminating extra bookkeeping procedures; in response to a query as to whether or not the additional funds would be utilized for increased maintenance in the party houses, Mr. Hoel responded yes, that was one of the primary needs for the requested increase. I Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to accept the recommendations of the Parks and Recreation Board, referenced above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Bill Cantrell will appear to request acceptance of the nine -hole addition to Meadowbrook Golf Course, and authorize final payment. Mr. Cantrell, architect for the referenced project at Meadowbrook Golf Course, appeared to recommend that the improvements be accepted and that final payment be authorized with the exception of the sum of $1,500 to be withheld to allowli for repairing of a short in the pump of the sprinkler system. Mr. Cantrell indicated that it had been necessary to erect a chain -linked fence on the outer perimeter of the new nine holes to eliminate vandalism by automobile. Mr. Cantrell recommended that the retainage fee be included in the authorization for final payment. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to accept the above referenced recommendation, authorizing final payment of the improvements with the referenced exception. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. At 9:50 a.m. Mayor West announced that an Executive Session would be held for the purpose of considering land acquisition and personnel matters. This Session is in compliance with Sec. 2-f, Art. 6252-17, V.A.T.S. 79-38-330-593 Chairman of the Building Board of Appeals to a22ear to discuss recom- (8) mendation with respect to Chapter 14,_Sec 1401 of the Uniform Building Code 1976 Edition and Sec. 11-6.2.2.1 of the Life Safes Code 1976 Editions concerning window sizes. 79-38-330-594 Ordinance No. 7873 (8-A) Consider ordinance in reference to the above matter, and take a2l2ropriate action amending same. (Emergency Measure) LGB:hw ORDINANCE NO. 7873 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK, BEING THE BUILDING CODE, BY AMENDING SECTIONS 1304 AND 1404 OF THE UNIFORM BUILDING CODE, 1976 EDITION, AS ADOPTED BY THE CITY OF LUBBOCK, PERTAINING TO THE MINIMUM SIZE OF CERTAIN WINDOWS IN SLEEPING AREAS, PROVIDING FOR AN EFFECTIVE PERIOD, PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1- 5 OF THE CITY CODE, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. Last 'year, the Building Code Study Committee recommended to the Council that minimum, clear, openable area requirements for windows in sleeping rooms in residences have a minimum area of 5.7 square feet, a minimum width of 20 inches and a minimum height of 24 inches. Subsequent to this action, the Executive Director of the West Texas Home Builders Association and the Chief Building Inspector recommended to the home builders a model selected from a supplier's catalogue that would be acceptable, not realizing that the recommended model, when open, was deficient in width by 4 inches of the required openable area. Upon these recommendations, a number of windows have been installed that do not meet Code requirements and have recently been red tagged. r F F i� Appearance: Mr. Jim Bertram, Director of Planning (Mr. Bertram presented as exhibits various types of windows pursuant to the following discussion.) Mr. Bertram indicated that the 1970 Uniform Building Code was the first time this matter was considered; that this Code required every sleeping room to have one emergency exit, the exit area being required with 5 square feet, or 22 feet in width and height. In 1973, the Uniform Building Code stated that there had to be a clear, openable area of 5 square feet between frames, consisting of 22 feet in width and height. In 1976, the Uniform Building Code stated that a minimum clear, openable area of 5.7 square feet was required, consisting of 24 feet in height and 20 feet in width. In 1978, the 1976 Uniform Building Code was strictly enforced, and at that time a number of windows did not meet these specifications. Therefore the Executive Director of the West Texas Home Builders Association and the Chief Building Inspector of the City made the recommendation of the referenced model, above. Mr. Bertram indicated that the main concern was one of safety - do the windows provide adequate opportunity for emergency exit or escape from the inside - out; and do the windows allow adequate opportunity for emergency entrance by a fire fighter with full equipment. Mr. Bertram indicated that the request of the home builders to waive the existing ordinance with respect to the above issue was brought before the Building Board of Appeals, and the vote was tied, the response being that the 1979 Building Code Study Committee having been appointed could resolve the matter in their study. The Chairman of the Appeals Board, Mr. Powell, cast his vote denying the request of the home builders to waive the existing ordinance, thus allowing -them to continue to install the referenced windows that had been purchased and were in stock by suppliers, or in the alternative, to permit those installations completed to remain in effect. The Appeals Board's vote was: 4 to 3 denying the home builders' request for a waiver. Mr. Bertram indicated that the alternatives were: to amend the existing Code allowing those installations completed to remain in effect, and to permit installation of noncompliance windows inasmuch as there are many in stock or have been purchased by the builder(s). He said the question before the Council was: the balance of equity -of safety vs. the equity of code enforcement; that it had been determined to the satisfaction of the Fire Chief, staff members and himself (Mr. Bertram) that persons inside a room where these windows are used could escape; likewise, a fire fighter with an air pack on his back could enter through the window. Appearance: Mr. Raymond Powell, Chairman, Building Board of Appeals Mr. Powell addressed his remarks to clarify some points made today, inasmuch as he did cast the deciding vote when the matter was presented to the Board. The presentation made to the Board by the home builders did not in any way resemble the presentation made today before the Council; that the Board had no knowledge of the window -violation -situation at the time of the meeting, and this specifically was not discussed; that the home builders requested that 20-24 windows be waived; that no mention was made of the exhibited window; no mention was made of the building department recommending a specific model, the model being in violation to the Code; that the Board's decision reflects the presentation made to them, which was denied pending decision of the 1979 Building Study Code Committee. Appearance: Mr. Cecil Jennings, representing the West Texas ^� Home Builders Association Mr. Jennings reiterated the facts as presented above; that the builders were operating upon the recommendation of the Chief Building Inspector. Appearance: Henry Huneke, representing himself Mr. Huneke addressed his remarks to the fact that the proposed ordinance, as stated, still did not comply with the Code; that the proposed ordinance needs to be rephrased to allow the 24 x 16 openable area measurements. Considerable discussion ensued, the primary concern of the Council, as indicated by Councilman McAlister, was what precipitated the recent inspections with resultant red tags inasmuch as the present Code had been in force and effect since.1978; that the Council was most interested in the promotion of good PR and courtesy to the citizens, and his feedback reflected the lack of similar concern of the staff. Mayor Pro Tem Henry indicated that the basis of the solution to this problem, as in others of a similar nature in the past, was the use of good common sense, especially "in the field". Following all discussion, the motion was made by Councilman McAlister, seconded by Councilman Aderton to adopt the proposed amendment allowing the 24 - 16 openable area windows currently in stock to be used. :2 79-38-332-595 (10) 79-38-332-596 (11) The motion was amended by Councilwoman Jordan to have the amended ordinance reflect dimensions to be 24" x 16", either in height or width, retaining the required openable area of 3.33 square feet. The amended motion was seconded by Mayor Pro Tem Henry. The amended motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. The original motion was then balloted upon. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Representatives of Mason Nickels & Warner to appear to discuss contract for annual audit. Mr. Larry Anderson from the firm of Mason, Nickels and Warner appeared before the Council; his appearance was two -fold: there is one year remaining on the current contract between the Accounting Firm, and the City and the requested fee for performing the annual audit for the fiscal year 1978-79 is $55,000. He requested the Council's approval of that sum. The motion was made by Councilman McAlister, seconded by Councilwoman Jordan approving the recommended fee for the 1978-79 annual audit. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Mr. Anderson's second request was with respect to the contract which will expire at the end of August, 1979, said contract allowing for an extension of a 4-year period unless cancelled by either party. Although it had been the policy of the Council to rotate outside auditors every 4-year period, Mr. Anderson requested their consideration in deviating from this policy, inasmuch as his firm would like to remain as the outside auditors, and would be willing to enter into a contract for a 4-year extension. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to place this item on the July 26, 1979, Agenda for consideration; that members of the Accounting Firm and members of the City Staff confer regarding the terms and conditions of a proposed contract in the interim. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. )resentatives of the nol to the Tech Terr to barricades Neighbor acent to d to a22ear to dis ch Terrace Park. On April 26, 1979, the City Council authorized a placement of barricades around Tech Terrace Park at 23rd and Flint and 23rd and Gary Avenue, and also at 25th and Flint and 25th and Gary Avenue. These barricades were to be left for a 90-day period to determine whether or not they should be placed on continuing basis. Reports from the Police Department indicated there had been very little traffic and few people using the park at this time. Subsequently, letters and a petition from residents in the area requesting the barricades be removed have been received, a copy which is on file in the Office of the City Secretary. Appearance: Dr. Carl Anderson, 3311-24th Street Dr. Anderson indicated it appeared to him and other residents that there were three issues at stake: 1. The assumption by some residents that those residents immediately adjacent to the park should have access to the park which pre-empts other uses. 2. The solution that has been in effect is for the convenience of a few and at the same time has provided a great hard- ship and additional expense for other residents in the area. 3. The erection of any sort of permanent barricade system would be only for a seasonal or a temporary problem. Following his presentation, Dr. Anderson was queried by Councilwoman Jordan whether or not he had any objections to temporary barricades if used in the spring and summer, or whenever the problem was the greatest, to which Dr. Anderson responded that he had no objection to a Saturday and Sunday barricade system, but would object to an all -week barricade system even though it would be for a six to ten - week period. Councilwoman Jordan asked if the barricade located at 23rd and Gary or 25th and Gary were removed if it would help the problem, to which Dr. Anderson replied that the removal of both barricades at 23rd and Gary and 25th and Gary would be preferable, but he could live with the removal of one of the referenced barricades. 0 11 em qw. F Appearance: Mrs. Susan Sawyer, 3107 25th Street Mrs. Sawyer was representing the group in favor of permanent barricades and distributed to the Council results of a poll conducted by their delegation reflecting the sentiments of the residents adjacent to or near by the Tech Terrace Park, their interpretation from the poll reflecting 79% of those polled favoring permanent blocking of the streets. The following appearances reflected miscellaneous comments: 0 SCAR CRAIN, 3316 24th St. Mr. Crain has lived around the park for 21 years and indicated there has never been a cause for the erection of barricades; that the problem is seasonal consisting of about 6 weeks in the spring time; that there is no need for a drastic measure, and in his opinion the temporary solution far exceeds the problem. (Ret. Col.) G. D. KEMP, The barricades have caused the traffic 3202 26th St. to be redirected by his house; there is need for signs on the outer perimeter of the park area saying "no parking," or "no halting" at any time; that the Parks & Recreation Department should be forbidden to issue any permits for organized athletics in the park, if for no other reason then there is no public latrine. MRS. STOKES (address unknown) The park's use is for everyone. CARMEN HOPKINS, 3109 25th St. The barricades being erected for special privileges, as indicated by Dr. Anderson, is in error; that the circling traffic was the prime nuisance; that the congested traffic was hazardous to the safety of the residents living adjacent to the park; that possibly all four barricades would not be needed, thus, providing relief for residents in the outer perimeters of the park. (Ms. Hopkins lives directly across from the the park.) MRS. LINDA ANDERSON, The congested traffic is a safety 3311 24th St. hazard, and the redirection of the traffic with the use of barricades is not only inconvenient, but likewise hazardous on 26th Street. MRS. C. L. DEAN (address Mrs. Dean is not opposed to the unknown) athletic activities in the park; was in favor of permanent barricades. (Mrs. Dean likewise lives directly across from the park.) RON REIMAN, (address unknown) 24th Street is a two-way deadend - a barricade on one end, the median on Indiana on the others; that the problem is a seasonal one lasting approximately six weeks. MRS. BILL MARQUIS, 3201 25th St. Mrs. Marquis expressed appreciation to the Council for their interest and concern and attempted solution; that it was evident the residents on 24th Street are handicapped by the presence of the barricades; that one barricade located at 23rd and Gary could be removed thus allowing relief to residents on 24th Street. MARY GUERRANT, 3301 24th St. The barricades are inconvenient to all residents, but they are acceptable. SARAH PARK, 3212 25th St. MRS. A. D. CROW, 3314 24th St. Mrs. Crow confirmed, along with others, the inconvenience of the barricades in providing accessibility to their 34 homes; recommended that the barricade at 23rd and Gary Avenue be removed. MRS. J. H. BROCK, 3106 23rd St. Mrs. Brock confessed to writing the letter to the editor regarding the traffic situation and had many other statements, entertaining in nature. MR. BILL ARMSTRONG, He did object to the traffic, but did 3012 25th St. not object to the use of the park; that enforcing "no parking" around the park area would not solve the problem. BURL HOBBS, 3305 24th St. If the barricades are to become permanent, he suggested the Council give consideration to opening up 24th Street across Indiana Avenue for the flow of residential traffic. A LICE CARTWRIGHT, on behalf of Catheryn Middleton, 3303 24th St. MRS. DEAHL, 3212 25th St. MR. BOB BLOOM, 3108 23rd St. DURWOOD MAHON, 19th St. DR. GUNDERSON, 3103 25th St. JUNE HINTON The permanent barricades would provide greater safety for children and adults. Would prefer permanent barricades. There were many alternatives that the Council had not considered or tried and should be tried before a final decision is made, i.e. 23rd Street and 25th Street being one way going east during the morning hours; one way going west in the afternoons; that traffic around the parkway be of a one- way direction. In support of permanent barricades on Flint with modifications on Gary Avenue at 23rd and 25th Streets. Recommended 23rd Street be one way allowing redirection of traffic. Following additional discussion, rebuttal by those in opposition to the barricades, response from those in favor of the barricades, the Council recessed for Lunch, reconvening at 1:35 p.m. The motion was made by Councilman McAlister, seconded by Councilwoman Jordan to (1) remove the barricade located at 23rd Street and Gary Avenue; (2) in order to find a suitable solution amenable to all parties involved, to appoint a six -person study committee - three in favor of the barricades, three in opposition to the barricades - to meet with members of the City staff for the purpose of preparing recommendations for the solution of the problem, said recommendations to be presented to the Council at the end of the 90-day temporary test period; that recommendations be for the purpose of a long-range solution; and that the committee be comprised of the following: 1. Those committe members in favor of the barricades: MRS. TOM SAWYER MRS. BILL MARQUIS DR. MARTIN GUNDERSON 2. Those committee members in opposition to the barricades: DR. CARL ANDERSON MR. OSCAR CRAIN MRS. J. B. MCPHERSON 3. Staff members: MR. JIM BERTRAM, Director of Planning POLICE CHIEF J. T. ALLEY LARRY CUNNINGHAM, City Manager Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. I q If 94 79-38-335-597 (12) Ordinance 7872 An appropriation ordinance from Electric Bond Fund for labor and materials for erection and expansion of Co-op Station. 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 24thday of May ,1979. Passed by the Council on second reading this 14thday of June ,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /a/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer VERIFIED BY: /s/ Charles Northington for SKM FINANCE OFFICER- -- APPROVED AS TO CONTENT: /s/ Bill Wood 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. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass said ordinance on second and final reading. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton and Mayor West abstaining. 79-38-335-598 Ordinance No. 7868 - Zone Case No. 1755-D (13) Request of Frank H. Jones (for Robert Welch and Jim Sowell) to change a tract of land out of Section 27 Block E-2 City of Lubbock Lubbocl 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: (1) that it be tied to the site 21an as resented; (2) 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; ;3s 147 CHANGE A TRACT OF LAND OUT OF SECTION 27, BLOCK E-2, CITY OF LUBBOCK, COUNTY, TEXAS, FROM C-2 TO C-3 ZONING DISTRICT; SUBJECT TO CONDITIONS: VIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry and Councilman McAlister voting Yea; Councilwoman Jordan voting Nay; Councilman Aderton abstaining. 79-38-336-599 Ordinance No. 7866 - Zone Case No. 2233 (14) 79-38-336-600 (15) 79-38-336-601 (16) 79-38-336-602 (17) Request of Danny D. McLart (for B. R. Griffin) to change part of Tract 40 Suburban Homes Addition City of Lubbock Lubbock Count Texas from "R-2" to "M-1" Zoning District. (Located South of 46th Street and about 500 feet East of Avenue A. LGB:hw ORDINANCE NO. 7866 t,- LUBBOCK!!. PRO - PROVIDING 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. Ordinance No. 7867 - Zone Case No. 2235 Request of Dennis Olson for Hollis Co burn) to change 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. Ordinance No. 7869 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. Ordinance No. 7870 An amendment to Section IIA-111 of the Code of Ordinances concerning the use of aluminum conductors. LGB:hw ORDINANCE NO. 7870 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 IN SECTION 1-5 OF THE CITY CODE; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass the above referenced ordinances on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Council- woman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton abstaining. w W ... go 79-38-337-603 Ordinance No. 7874 (18) An ordinance amendina Art. 111 (a) of Cha ter 15 of the Code of Ordinances 2ertaining to the regulation of junk vehicles. LGB:hw ORDINANCE NO. 7874 AN ORDINANCE AMENDING ARTICLE IIIA OF CHAPTER 15 OF THE CODE OF ORDINANCES PERTAINING TO THE REGULATION OF JUNKED VEHICLES, BY PROVIDING FOR DEFINITIONS, DECLARING A PUBLIC NUISANCE, PROVIDING FOR EXCEPTIONS, AND PROVIDING FOR ABATEMENT OF SAID NUISANCE; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Lubbock adopted its junk vehicle regulations in our Code of Ordinances in 1975, and at that time the regulations were in line with the State Enabling Act. Since that time, the State law has been amended to define "antique automobile", "special interest vehicle", and has amended the definition of junk vehicle to include in addition to the original five criteria, a new criteria which says that any vehicle which "remains inoperable for a continuous period of more than 120 days" is a junk vehicle. The proposed amending ordinance is for the purpose of compliance to the State Law. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said -ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-337-604 The allocation of Community Development Program Income Funds for the (19) installation of water lines in the Guadalupe NDP area. The Urban Renewal Agency has requested the allocation of $3,420 from the land sale proceeds for the installation of water lines in the Guadalupe NDP area. The installation of 542 feet of water lines is necessary before the sale of 11 lots can be completed on 2nd Street between Avenues K and L. The money will be set up in a work order for the Water Department installation to be done by the City's Utilities Division. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve requested allocation. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-337-605 The price and conditions for the sale of parcel 75010-39-240 (South (20) Half) in the Community Development Third Action Year. Redeveloper Raymond Salazar $120 for addition to existing property and landscaping Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve referenced sale. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-337-606 Resolution No. 174 (21) A resolution authorizing the Mayor -to execute a funding approval under Title I of the Housing and Community Development Act of 1974 as amended with the Department of.Housing and Urban Develo ment. RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT UNDER THE FUNDING APPROVAL UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 FOR CD FUNDING YEAR 1979-80 BETWEEN THE CITY OF LUBBOCK AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR TO EXECUTE ANY OTHER DOCUMENT OR INSTRUMENT NECESSARY TO IMPLEMENT THE ACTIVITIES APPROVED IN THE FUNDING APPROVAL. WHEREAS, Title. I of the Community Development Act of 1977, Public Law 93-383, provides for a program of Community Development Block Grants; WHEREAS, The 1979-80 Annual Application for Community Development Block Grants for the City of Lubbock having been submitted to and approved by the Department of Housing and Urban Development; and WHEREAS, The City Council, has determined that participation in the Community Development Block Grant Program will be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: 338 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 Grant Agreement under the Funding Approval under Title I of the Housing and Community Development Act of 1974, 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. 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 any other do or instrument necessary to implement the activities approved in the Funding Approval. 11 Passed by the City Council this 14th day of June , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Ga££ga .. Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Vicki Foster Vicki Foster, C. D. Coordinator Approved as to Form: /sl W. M. McKamie Assistant City Attorney *NOTE: Agrant Agreement filed with Original Resolution # 174. Lubbock's CDBG annual application for 1979-80 has been approved by the area office of HUD. The approved funding approval authorizes the City to use $3,914,000 for projects listed in the application, the funding to be effective June 1, 1979. The condition placed on the approval of the program is that when HUD finalizes the regulations regarding a formula to determine "expected to reside" data on the Housing Assistance Plan, the City will amend the Housing Assistance Plan in conformance to the regulations. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-338-607 Settin& a date and time fora public hearing to discuss a Cooperative (22) Agreement between the City of Lubbock and the Housing Authority of Lubbock. On January 11, 1979, the City Council held a public hearing to consider a cooperative agreement between the City and the Housing Authority. Notice of the hearing was published in the Avalanche Journal on November 15, 1978, in accordance with the instructions the Housing Authority received from HUD. The cooperative agreement was executed and returned with other required certifications to the Housing Authority (Resolution No. 38, 1/11/79). The legal office of HUD area offices notified the Housing Authority that the above referenced agreement will not be acceptable because the notice of hearing was not published twice although the letter of instructions did not specify two publications. The earliest date a hearing to consider the agreement can be held is August 24, said notice to be published for the first time June 23, 1979. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to hold the public hearing to discuss the cooperative agree- ment with the Housing Authority of Lubbock for August 24, 1979 at 2:00 p.m. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. .?,9 79-38-339-608 (23) M Resolution No. 175 A resolution authorizinE the Mayor to execute a funding agreement between the City of Lubbock and the Housing Authority of Lubbock for security patrol activities at Green Fair Manor and Hub Home Housing projects. RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COMMUNITY DEVELOPMENT FUNDING AGREEMENT FOR CD FUNDING YEAR 1979-80 BETWEEN THE CITY OF LUBBOCK AND THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK. WHEREAS, the CITY is obligated to do and perform certain services in its undertaking of a Community Development and Housing Plan pursuant to the Housing and Community Development Act of 1974 as amended, and Texas Community Development Act of 1975 as amended; and WHEREAS, the AUTHORITY is a non-profit organization having its principle office in the City of Lubbock, Lubbock County, Texas; and WHEREAS, the CITY desires to contract with the AUTHORITY to provide and do certain activities and services pursuant to the Housing and Community Development Act of 1974 as amended and the related rules and regulations of the Department of Housing and Urban Development (HUD), and the AUTHORITY is authorized by law and is willing to carry out such activities; and WHEREAS, the Hub Homes and Greenfair Manor public housing projects have been found to meet the criteria for funding under provision 570-201 (e) of the Community Development Regulations for Public Services; and WHEREAS, security patrol activities are a proper public purpose and are necessary and appropriate to support housing modernization and renovation activities at Hub Homes and Greenfair Manor, and are fundable by the department of Housing and Urban Development; and WHEREAS, the accomplishment of the public purpose is the predominant purpose of the transaction; there is sufficient assurance through statutory and contractual requirements and through continuing supervision by the CITY that the public purpose will be accomplished; there is sufficient protection of the handling of public money; and there is adequate consideration passing to the CITY in the form of substantial public benefit; NOW THEREFORE: 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 Community Development meat Funding 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 14th day of June ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Vicki Foster Vicki Foster, C.D. Coordinator Approved as to form: /s/ W. M. McKamie Assistant City Attorney /s/ Dirk West DIRK WEST, MAYOR The funding agreement between the City and the Housing Authority allocates $75,603 of CD funds to provide security patrol at Green Fair Manor and Hub Homes, said security patrol to be conducted between 7:00 p.m. and 7:00 a.m. seven days a week. The funding agreement provides for independent audit to be made of the funds provided to the Housing Authority office and that the audit is 1979. *NOTE: Agreement filed with Original Resolution #175, entitled: COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK. 340 to be paid for by the Housing Authority through the use of CD funds and other funds. It was also indicated that the Housing Authority has determined there are other sources of funding for security programs and was encouraged by the Council to commence investigating the availability of said funds for the continuance of their security program. Mr. Fulton Berry appeared to answer any questions the Council might have regarding this item; he did indicate there was full occupancy at Green Fair Manor, and that there was full occupancy of those units completed at Hub Homes. There being no further discussion, motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-340-609 Resolution No. 176 (24) A resolution authorizinE the Mayor to execute a funding agreement between the City of Lubbock and the Housing Authority of Lubbock for the renovation of eight (8) units of Dublic housing for handir. living. RESOLUTION ed A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK i WHEREAS, the City of Lubbock is obligated to do and perform certain se in the undertaking of a Community Development and Housing Plan pursuant to the Housing and Community Development Act of 1974 as amended, and the Texas Community Development Act of 1975 as amended; and WHEREAS, the City of Lubbock desires to contract with the Housing Autho of the City of Lubbock to provide and do certain activities and services pursuant to the Housing and Community Development Act of 1974 as amended and the related rules and regulations of the Department of Housing and Urban Development, and the Housing Authority of the City of Lubbock is authorized by law and is willing to carry out such activities; and WHEREAS, the Hub Homes and Greenfair Manor Public Housing Projects have been found to meet the criteria for funding under Provision 570-201 (e) of the Community Development Regulations for Public Services; and WHEREAS, the conversion of housing units to accommodate the needs of handicapped persons is a proper public purpose and is necessary and appropriate to support housing modernization and renovation activities at Hub Homes and Greenfair Manor, and is fundable by the Department of Housing and Urban Development; and WHEREAS, the accomplishment of the public purpose is the predominant purpose of the transaction; there is sufficient assurance through statutory and contractual requirements and through continuing supervision by the City that the public purpose will be accomplished; there is sufficient protection of the handling of public money; and there is adequate consideration passing to the City in the form of substantial public benefit; NOW THEREFORE: 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 Community Development Agreement between the City of Lubbock and the Housing Authority of 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 ATTEST: 14th day of June 1979. /s/ Dirk West DIRK WEST, MAYOR Isl Evelyn Gaffaa Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Vicki Foster Vicki Foster, C. D. Coordinator APPROVED AS TO FORM: 101 W• . cKamie Assistant City Attorney *NOTE: AgrPPmonf fi l n.i .., *u, n..s __ _ _, - I . . 141 The 1979-80 CDBG application includes $80,000 to renovate eight units of public housing which could be occupied "barrier free" by disabled persons. The Housing Authority will be responsible for the architectural designs and plans for bid and contract prcedures and for construction of the eight units. HUD has approved a $375,000 supplement modernization grant for additional units at Green Fair Manor in the near future. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-341-610 Resolution No. 177 (25) A resolution a]2proving submission by the Housing Authority of Lubbock an a221ication fora preliminary loan for the construction of new units of public housing to the Department of Housing and Urban Develom RESOLUTION A RESOLUTION APPROVING THE SUBMISSION OF AN APPLICATION FOR A PRELIMINARY LOAN FOR LOW -RENT PUBLIC HOUSING BY THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the United States Housing Act of 1937 provides that there shall be local determination of the need for low -rent housing to meet needs not being adequately met by private enterprises; and WHEREAS, under the provisions of the United States Housing Act of 1937, the Department of Housing and Urban Development is authorized to provide financial assistance to public housing agencies for low -rent housing; and t. WHEREAS, the City of Lubbock has contracted with the Housing Authority of the City of Lubbock to provide and do certain activities and services in connection with the development of low -rent public housing; and WHEREAS, the City Council has determined that it would be in the best interest of the citizens of the City of Lubbock for the submission of an application for a preliminary loan for low -rent public housing be approved; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Housing Authority of the City of Lubbock shall cause to be prepared and shall send to the Department of Housing and Urban Development an application for financial assistance for 132 dwelling units of low - rent public housing to be provided by new construction, or by acquisition, or by acquisition and rehabilitation of existing housing and for a preliminary loan in the amount of twenty-six thousand, four hundred dollars. THAT in connection with the development and operation of any program or activity receiving federal financial assistance under the United States Housing Act of 1937, regardless of when such program or activity or any portion thereof was or is initially covered by any contract, the Housing Authority of the City of Lubbock will comply with all requirements imposed by Title VI of the Civil Rights Act of 1964, Public Law 88-352, 78 Stat. 241; the regulations of the Department of Housing and Urban Development issued thereunder, 24 CFR, Sub -Title A, Part 1; and the requirements of the said department thereunder. Passed by the City Council this 14th day of June ,1979. /s/ Dirk West ATTEST: DIRK WEST, MAYOR /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer j{ APPROVED AS TO FORM: I I /s/ Vicki Foster Vicki Foster, C. D. Coordinator APPROVED AS TO FORM: /s/ W. M. McKamie Assistant City Attorney 342 AFFIDAVIT OF POSTING OF NOTICE STATE OF TEXAS COUNTY OF LUBBOCK I, the undersigned Evelyn Gaffga, Clerk of the City of Lubbock, Texas, do herewith certify that on the 8th day of June 1979 at the hour of 5:00 o'clockk .m., I did post a legal Notice in words and figures following to -wit: "PUBLIC NOTICE OF MEETING TAKE NOTICE THAT A MEETING OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS will be held at commencing at 9:30 o'clock a.m, on the 14th day of June, 1979, to consider and act upon the following: A RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW -RENT HOUSING." on a bulletin board at a place convenient to the public City of Lubbock, Texas, as required by V.A.T.S., Article Annotated Texas Statutes, as amended. in the City Hall of the 6252-17, of Vernon's„ Witness my hand and the seal of said city this 14th day of June ! 19 79. (Seal) /s/ Evelyn Gaffga City of Lubbock, Texas City Secretary -Treasurer MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS HELD ON THE 14TH DAY OF JUNE, 1979. On the 14th day of June City Council of the City of Lubbock, was called to order and on roll call present: at 9:30 o'clock a.m. , the 91 Texas met in Regular Session. The meeting the following members of the body were MESSRS: Mayor Dirk West, Mayor Pro Tem Alan Henry, Councilwoman Carolvn Jordan Councilman Bill McAlister Councilman M.J. Aderton ABSENT: None Also present were-CitX Manager, Larry Cunningham, City AttorneX John C. R! City Secretary -Treasurer, Evelyn Gaffga The Mayor _ ordered that the following wavier and Consent be be spread upon the Minutes: WAIVER OF NOTICE OF AND CONSENT TO SPECIAL MEETING We, the undersigned, do hereby accept notice of this special meeting, waiving any and all irregularities in theservice of notice and do hereby consent and agree that the City Council of the City of Lubbock, Texas, shall meet at its regular meeting place at o'clock , on the day of fc the following purpose: TO CONSIDER AND VOTE ON A RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW -RENT PUBLIC HOUSING FOR THE CITY OF LUBBOCK, TEXAS: an i To transact any other business that may come before the meeting. There being a quorum present, the following business was transacted: The following Resolution was introduced by _Jim Bertram, Director of Planning read in full and considered: The Resolution was read in full, considered and discussed. Councilwoman moved its adoption and -Mayor Pro Tem Henryseconded the motion. On roll call the following vote was recorded: s. Jr. 3 4. F9-38-343-611 (26) AYES: Mayor Nest Mayor Pro tem Henry, Councilwoman Jordan Councilmen McAlister and Ade NAYS: None (names) Thereupon the Resolution was declared duly adopted and passed. ADJOURNMENT: Meeting adjourned at 4:05 o'clock p m. (Seal) APPROVED: ATTEST: /s/ Dirk West Mayor /s/ Evelyn Gaffga _ City Secretary C E R T I F I C A T E I, EVELYN GAFFGA (Secretary) of the City of Lubbock, Texas, hereby certify that I have compared the annexed extracts from the minutes of the regular meeting of the City Council of said City held on the 14th day of June, 1979, with the original thereof, recorded in the official minute book, and that it is a correct transcript therefrom and of the whole said original; that the annexed extract of the minutes of the meeting is a true and complete transcript of such minutes and that the Resolution contained therein is a true, complete, and accurate copy of the Resolution adopted at said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and Seal of the City of Lubbock, Texas, this 14th day of June , 19 79. (SEAL) /s/ Evelyn Gaffga Secretary ATTORNEYS. CERTIFICATE AND OPINION I, the undersigned City Attorney for the City of Lubbock, Texas, do hereby certify that I have examined the attached extract from the regular meeting of the City Council of the City of Lubbock, Texas, held on June 14, 1979, and it is my opinion that the aforesaid meeting was duly and legally held and that the Resolutions contained therein were duly and regularly adopted by such governing body in compliance with the laws of the State of Texas and are not subject to referendum or the time for filing a petition for referendum has expired. Date June 14 1979 /s/_ John C. Ross, Jr. _ City Attorney The Housing Authority has developed an application for a preliminary loan to construct new low rent public housing; the loan application has been approved by the Housing Authority's Board of Commissioners. The guidelines require the Housing Authority to submit the proposed application to the City Council for approval. The loan will cover construction of 132 units of small and large family units, the site for the project yet to be determined, but it will be located in a non -impacted area. The application provides for $26,400 to be used for planning and design of the new units; contruction will not begin without Council approval. Mr. Berry indicated that this item cannot be finalized until the cooperative agreement (Item No. 22 above) has been finalized. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass.said resolution, with the request that the Mayor write a letter to the area office of HUD expressing objection over the position of HUD's legal office (see No. 22 above). Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. An allocation of Communit, se of the R. L. Polk 19-38-343-612 Resolution No. 178 (27) elopment Contingency Funds for the lication Profiles of Chanee. A resolution authorizin& the Mayor to execute a contract between the City of Lubbock and the R. L Polk Co. RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR THE PURCHASE OF PROFESSIONAL SERVICES BETWEEN THE CITY OF LUBBOCK AND R. L. POLK AND COMPANY, A DELAWARE CORPORATION. 344 ? [WHEREAS, the City of Lubbock has a need for certain urban statistical information, including statistical tables, maps and small -area profiles; and WHEREAS, R. L. Polk and Company has a base of statistical data obtained from two of its City Directory Canvases for the City of Lubbock, Texas, completed on May 27, 1978 and one expected to be completed approximately May 5, 1979, and the capability of compiling said statistical data by census tract using an address coding guide; and WHEREAS, the foregoing has enabled R. L. Polk and Company to develop and produce an urban statistical information package entitled PROFILES OF CHANGE consisting of statistical tables, maps and small -area profiles; and WHEREAS, the City of Lubbock wishes to acquire the services of R. L. Polk and Company in producing the said urban statistical information package; NOW THEREFORE: 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 agreement for the purchase of professional services between the City of Lubbock and R. L. Polk and Company, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14thday of June ,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer -APPROVED AS TO FORM: /s/ Vicki Foster Vicki Foster, C. D. Coordinator APPROVED AS TO FORM: /sf W. M. McKamie W. M. McKamie, Asst. City Attorney ^� R. L. Polk data is the only major data accepted by HUD in the preparation of annual CD application. The publication would be beneficial to the Planning Department in various areas and provides the following services which are included in the purchased price: A. Profiles of Change - Urban statistical information package consisting of statistical tables, maps and small area profiles. The information consists of a door to door survey of approximately 80 to 90 percent of all households. B. Computer Tape - The City may purchase the Profile's computer tape containing demographic information on a household basis. The computer tape would be combined with the existing data base system and the DIME file system from the Census Bureau to complete an invaluable data source. C. Eight Census Tract Splits - R. L. Polk Company will compile the demographic data in smaller areas or splits in census tracts. This will allow aggregation of data on specific neighborhood strategy - areas identified in the CD plan such as Overton, Stubbs, Bean, Posey, Elliston and Meadowbrook. The purchase price is $16,000. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve the referenced allocation and to pass said Resolution No. 178. Motion carried: Mayor West, Mayor Pro Tem Henry, Council- woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 45 "11-79-38-345-613 Re uest for buildin ermit in newly annexed area of Yellowhouse Canyon (28) Addition. This request is being made by Mrs. Pearl Brown who is a resident of the Yellowhouse Canyon Addition recently annexed south of East 50th Street. The addition is currently a T (transition) district, no new building permit having being taken out, thus allowing the newly annexed area to be changed into an appropriate zoning district classification. There is a provision in the Zoning Ordinance that a building permit can be issued if applied to the Building Administrator and referred to P & Z Commission, who in turn make the recommendation to the City Council. The Planning and Zoning Commission consider this request at their meeting on June 7, 1979 and recommended the permit be granted by the Council. Motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to approve the referenced building permit. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-345-614 Consider a resolution accepting paving improvements constructed by (29) Lubbock Asphalt Products Inc. in Rushland Park llth Instal. Lots 13-A, 13-B, 13-C and 13-D, Block 32. During Work Session at 9:00 a.m., it was by consensus this item will be considered on the June 28, 1979 regular City Council Meeting. 79-38-345-615 Resolution No. 179 (30) A resolution accepting avin _ improvements constructed by,Kerr Construction Company on the West 29.0 feet of Indiana Avenue from the alley North of 96th Street to the alley South of 103rd Street GWO 10,975. RESOLUTION G.W.O. 10.975 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS the City of Lubbock passed a resolution authorizing the construction of street improvements by Kerr Construction Company on a portion of the following street: The West 29.00 feet of Indiana Avenue from its intersection with a line 7.00 feet South of the South Property Line of the allley North of 96th Street to its intersection with a line 7.00 feet South of the South Property Line of the alley South of 96th Street known and designated as New Subdivision Sub -Unit Number 93 of Unit Number 2022. The West 29.00 feet of Indiana Avenue from its intersection with a line 7.00 feet North of the North Property Line of the alley North of JOlst Street to its intersection with a line 7.00 feet South of the South Property Line of the alley South of 103rd Street known and designated as New Sub- division Sub -Unit Number 80 of Unit Number 2024. The West 29.00 feet of Indiana Avenue from its intersection with a line 7.00 feet South of the South Property Line of the alley North of 98th Street to its intersection with a line 79.00 feet South of the North Property Line of 98th Street known and designated as New Subdivision Sub -Unit Number 71 of Unit Number 2025. The West 29.00 feet of Indiana Avenue from its intersection with a line 41.00 feet North of the South Property Line 98th Street to its intersection with a line 7.00 feet North of the North Property Line of the alley North Of IOlst Street known and designated as New Subdivision Sub -Unit Number 72 of Unit Number 2025. AND WHEREAS, the improvements upon the said portion of the abovementioned street have 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 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 share. II. This resolution shall take effect and be in force after its passage. 46 346 79-38-346-616 (31) PASSED AND APPROVED THIS 14TH DAY OF JUNE, 1979. /s/ -Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney The paving improvements of Rain Tree and High Country provide paved access to High Country. The City's part in the amount is $27,783.31; the total contract was in the amount of $125,068.97, the developers to pay the difference between the City's portion and the total contract. Resolution No. 180 A resolution acceptinS_paving improvements constructed by W. D. Turner Construction C M any on a portion of the 1978 Assessment Paving Program - G.W.O. 10,956.-Streets_ RT?.gOT.TTT T nN RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR11 AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the Cityof 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 ani /or alley improvements on portions of numerous alleys, streets and/or avenues in si,aid City including among others the following: 31st Street from its intersection with the cul-de-sac 35.01 feet East of the East Property Line of Milwaukee Avenue to its intersection with the West Lip Line of Kewanee Avenue known and designated as Sub -Unit Number 33 of Unit Number 2234. 32nd Street from its intersection with the East Raw Edge of Milwaukee Avenue to its intersection with the West Lip Line of Kewanee Avenue known and designated as Sub -Unit Number 34 of Unit Number 2234. 33rd Street from its intersection with the cul-de-sac 35.01 feet East of the East Property Line of Milwaukee Avenue known and designated as Sub -Unit Number 35 of Unit Number 2234. La Salle Avenue from its intersection with a line 15.00 feet South of the South Property Line of 30th Street to its intersection with the North Lip Line of 31st Street known and designated as Sub --Unit Number 36 of Unit Number 2234. La Salle Avenue from its intersection with the South Lip Line of 32nd Street to its intersection with the North Lip Line of 33rd Street known and designated as Sub -Unit Number 37 of Unit Number 2234. 47th Street from its intersection with a line 15.00 feet East of the East Property Line of Englewood Avenue to its intersection with a line 16.00 feet West of the West Property Line of Dover Avenue known and designated as Sub -Unit Number 39 of Unit Number 2234. Avenue "K" from its intersection with a line 5.00 feet South of the South Property Line of 36th Street to its intersection with a line 3.00 feet North of the North Property Line of 37th Street known and designated as Sub -Unit Number 40 of Unit Number 2234. �4 $ 81st Street from its intersection with a line 16.00 feet West of the West Property Line of Boston Avenue to its intersection with the West Lip Line of University Avenue known and designated as Sub -Unit Number 41 of Unit Number 2234. Boston Avenue from its intersection with a line 15.00 feet South of the South Property Line of 78th Street to its intersection with a line 15.00 feet North of the North Property Line of 79th Street known and designated as Sub -Unit Number 6 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 14TH DAY OF JUNE, 1979. /s/ West _ ^^ Dirk West, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, JR. John C. Ross, Jr., City -Attorney These improvements include: 31st Street, 32nd Street, and 33rd Street from Milwaukee to Kewanee; LaSalle Avenue - 30th to 31st and 32nd to 33rd; 47th Street from Englewood to Dover; Avenue K from 36th to 37th Street; 81st Street from Boston to University; and Boston Avenue from 78th to 79th. Three of the sub -units tied into Kewanee Avenue have right-of-way problems dating back approximately a year. The west half of Kewanee 30th to 34th Streets cannot be paved until the east one-half is obtained. Currently -condemnation proceedings are in progress. 79-38-347-617 Resolution No. 181 (32) A resolution accepting avin improvements constructed by W. D. Turner Construction Company in Park Lorraine Tracts C-3 through C-5. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City 348 i Ordinance 1331, the subdivider of Park Lorraine Addition, Tracts C-3 through C-5, made arrangements with W. D. Turner Construction Company for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Park Lorraine of said Ordinance prior to the recording of the subdivision plat of Park Lorraine Addition, Tracts C-3 through C-5 including the following street: 36th Street from its intersection with a line 16.00 feet East of the West Property Line of Tract C-3 of Park Lorraine Addition to its intersection with the cul-de-sac 9.00 feet West of the East Property Line of Tract C-�, Park Lorraine Addition known and designated as New Subdivision Sub -Unit Number 46 of Unit Number 2024. 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 and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. 11 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. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 14TH DAY OF JUNE, 1979. /s/ Dirk West Dirk West, Mayor ATTEST: Ls_/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wildord D. Watson, City Engineer APPROVED AS TO FORM: /s/ John_ C. Ross, _ Jr. John C. Ross, Jr., City Attorney The block of paving is on 36th Street and is a cul-de-sac street east of Ironton Avenue. The developer's contract was in the amount of $16,700; there is no cost to the City. Motion was made by Councilwoman Jordan, seonded by Mayor Pro Tem Henry to pass said Resolutions 179, 180 and 181, referenced above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-348-618 Ordinance No. 7875 (33) An a2propriation ordinance 2avable to Harold -Ted Corporation in return for release of all claims bX said corporation. ORDINANCE NO.7875 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, i 9F a BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: STREET CAPITAL IMPROVEMENT FUND The sum of $8,800.00 For the following purpose: Refund to Harold -Ted Corporation for their purchase of a portion of a closed street to which the City of Lubbock did not have title. AND IT IS SO ORDERED. Passed by the Council on first reading this 14th day of June 1979. Passed by the Council on second reading this day of 1979. ATTEST: City Secretary-Treas. APPROVED BY: _/s/Wilford D. Watson, Eng. HEAD OF DEPT. DEPT. APPROVED AS TO FORM: /s/ John C;,Ross, Jr. John C. Ross, Jr., City Attorney DIRK WEST, MAYOR VERIFIED BY: /s/Charles Northington for SKM FINANCE OFFICER The closing of North Avenue P from Erskine Avenue to a point 586 feet north of Erskine was completed in October 1978. The land was sold to the owners at an agreed price because the right-of-way was originally purchased and not dedicated. The right-of-way was bought by the County years ago and when the area was annexed, the City assumed maintenance and control of the right-of-way. The Corporation attorneys believed that the City should refund the purchase money originally paid to the City in the amount of $8,800 and that the Corporation should then pay the money to the County instead to the City due to the fact that the County still holds fee title to the land. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ►9-38-349-619 Consider resolution authorizing Mayor to execute Quitclaim Deed to (34) certain mineral ri hts to Raleigh Ro al Ross Farm Trust et al in exchange for release of any claims by said parties. The Quirt Avenue project was a joint project between the City and the State Highway Department. The City purchased the right-of-way and relocated the utilities and paid part of the construction cost. The right-of-way was purchased in 1976 and did not exclude mineral rights. The owners have now indicated to the City that they did not intend to release the mineral rights with the sale in 1976. Since the City Council policy on similar projects had previously reflected mineral rights were not included in such acquisition, and because the City Council controls the drilling permits, there would be no problem with returning these mineral rights to the owners. Following Executive Session, announced previously, the motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to hold consideration of the above item until the June 28,, 197.9 regular City Council Meeting. Motion carried: Mayor West, Mayor Pro Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 35 79-38-350-620 (35) 79-38-350-621 (36) 79-38-350-622 (37) The naming of the athletic facility to be constructed in Yellowhouse Canyon Park. On May 10, 1979, the City Council requested that the Parks & Recreation Board submit names of three individuals for consideration in naming the above referenced facility. Their recommendations, in order of preference, are: I. Dan M. Wells Athletic Complex 2. George P. Kuykendall Athletic Complex 3. Dirk West Athletic Complex 4. J. William Davis Athletic Complex The policy of the Parks & Recreation Board in regard to these matters is "Policy Guidelines for Naming City Parks" approved by City Council August 12, 1976 which provides: 1. Parks generally should be named in honor of local citizens living or deceased. 2. Persons considered for this honor should be recognized as having made significant contributions to Lubbock's Parks and Recreation Programs and/or for contributions to the Commu- nity as a whole. 3. It is not necessary to consider naming special purpose facilities such as model airports, horse riding arenas, or archery ranges after people. Generally speaking, facilities should bear the name of the park in which they are located. 4. The public is encouraged to submit names for consideration to the Parks and Recreation Board. Discussion reflected there had been nonacceptance to some of the names submitted; that there was no criteria or biographical data submitted reflecting the criteria in these determinations; and there was very little data upon which to base a decision. Motion was made by Councilman Aderton, seconded by Councilman McAlister to hold the above item and to refer the matter back to the Parks & Recreation Board for further consideration, new recommendations to be submitted for Council consideration at the June 28, 1979 regular City Council Meeting. Additionally, it was requested that biographical data on each recommendation be submitted for their perusal and consider- ation. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; Mayor West voting Nay. The naming of the residential structure located in the Buddy Holly Area of the Yellowhouse Canyon Lakes. On May 10, 1979, the Council asked the Parks & Recreation Board to submit three suggestions for naming the above residence which was it purchased from Mrs. Manicapelli. The Park Board's recommendations, in the order of their preference were: I. Landwer House 2. Manicapelli House 3. Buddy Holly House The term party was deliberately excluded in the suggestion inasmuch as the party house designation could pose a problem with respect to grants from BOR which stipulates that all structures must be used for outdoor recreation. Motion was made by Councilman McAlister, seconded by Councilman Aderton to hold this item until the June 28, 1979 regular City Council Meeting. Motion carried: Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; Mayor West and Mayor Pro Tem Henry voting Nay. The request of the Lubbock Amateur Radio Club to use a Dortion of Maxey Park for simulated emerrency transmissions. This organization wishes to use Maxey Park for a 24-hour period beginning June 23, 1979 for the purpose of maintaining simulated emergency transmissions. The City Code provides for a curfew in all parks except Mackenzie and therefore, a City Council waiver of this code provision for this specific event is required. The Parks and Recreation Board recommends their approval for this item. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to grant the above request. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 1351 UN 79-38-351-623 (38) w 94 ow 79-38-351-624 (39) ow Councilwoman Jordan requested that the Parks & Recreation Board coordinate the naming of the lakes (Canyon Lakes), the athletic Complex and the house -the selections to reflect some significance to the proposed designee of the area; that it would be more meaning- ful to do this. Resolution No. 183 A resolution authorizing the Ma or to sign a grant application to the Texas De artment of Community Affairs for Young Adult Conservation Corps Program. 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 a grant from the Texas Department of Community Affairs for the Young Conservation Corps Program, 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 14th day of June ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT:FORM: /s/ Lawrence Banks Lawrence Banks, Community Facilities APPROVED AS TO FORM: /s/ Leon Bean Leon Bean, Assistant City Attorney 1979. 1sf Dirk West_ _. ^ DIRK WEST, MAYOR *NOTE: Application for Grant filed with Original Resolution #183. The Parks and Recreation Department proposes that the City of Lubbock apply for $196,000 Young Adult Conservation Corps Grant. The purpose of this program is to provide employment for youths aged 16 to 23 for useful conservation work. If approved, the funds would be used to employ 20 workers, 2 foremen and 1 supervisor for a one-year period beginning October, 1979. These people would primarily be used for the purpose of building hike and bike trails in the Lake 6 area of the Yellowhouse Canyon Lakes; they would also be used for planting and pruning of trees and seeding areas in the Yellowhouse Canyon. The only financial obligation of the City would be future maintenance of the areas. Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. The revision of library fines and charges. The current fine charged for overdue library materials is 51 per day for adult material and U per day for children's material with a maximum fine of 751 for either. It is recommended that the maximum amount be raised from 751 to $3.00. No changes for the daily amount is recommended at this time. The fine for overdue framed pictures is presently the same for the library books. It is recommended that the fine for these items be increased to 501 per day with a maximum of $15. '352 79-38-352-625 (40) A patron is now required to pay the current replacement cost for lost items. It �s suggested that a $3 processing charge be added to the replacement cost of library books. It was recommended by the Library Board that this changes be adopted and that they become effective October 1, 1979. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to accept the Board's referenced recommendations. Motion carried: Mayor Vest, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7876 An ordinance amending Sec. 4-64 of Article V Division 2 of Chapter 4 of the Code of Ordinances by altering the fees charged for the impoundment of animals at the City Animal Shelter. DGV:cl ORDINANCE NO. 7876 AN ORDINANCE AMENDING ARTICLE V, DIVISION 2 OF CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SEC. 4-64 REGARDING POUNDAGE FEES TO CHANGE THE AMOUNTS OF FEES CHARGED FOR THE IMPOUNDMENT OF ANIMALS BY THE CITY ANIMAL WARDEN; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The impoundment and boarding fees for large animals are currently the same for dogs. The costs are greater for retrieving and boarding livestock and it is recommended that the impoundment fee for large animals such as cattle and horses be $20 per head and the boarding cost be $2.50 per day. The impoundment fee for small animals such as sheep and goats is recommended to be $15 per head and a boarding fee of $2.50 per day. These fees would cover the actual cost of capture and impoundment. 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. 79-38-352-626 Ordinance No. 7877 (41) An amendment to Or( No. 5271 authorizing Fire Mar and City Secretary to approve applications for Fire Ext Permit. (Emergency Measure) Fire Chief JWF:cl ORDINANCE NO. 7877 AN ORDINANCE AMENDING SECTION 12-73 OF THE LUBBOCK CITY CODE SO AS TO REDEFINE NATIONAL FIRE PROTECTION PAMPHLET 10; AMENDING SECTIONS 12-75(A) AND 12-76(A) OF THE LUBBOCK CITY CODE RESPECTIVELY SO AS TO CHANGE THE METHOD OF APPROVAL OF EXAMINATION QUESTIONS FOR FIRE EXTINGUISHER SERVICE BUSINESS APPLICANTS, FOR LICENSES AND CERTIFICATES OF COMPLIANCE FROM APPROVAL BY THE CITY COUNCIL TO APPROVAL BY THE FIRE MARSHALL AND THE FIRE CHIEF; ADDING A NET SENTENCE TO SECTION 12-77 OF THE LUBBOCK CITY CODE WHICH REQUIRES A CERTIFICATIE OF REGISTRATION OR LICENSE AS THE CASE MAY BE FROM THE STATE FIRE MARSHALL OF THE STATE OF TEXAS PRIOR TO EXAMINATION AND ISSUANCE OF A LICENSE OR CERTIFICATE OF COMPLIANCE UNDER THE TERMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE FOR AND PUBLICATION OF THIS ORDINANCE; AND PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE LUBBOCK CITY CODE. Section 12-75 (a) of Ordinance No. 5271 requires the Fire Marshal to administer an oral or written examination to applicants interested in securing a permit from the City Secretary for the purpose of servicing fire extinguishers; the ordinance calls for the City Council's approval of these examination questions. These provision is not in compliance with the State Statutes at the present time, which also administers a written examination. The proposed amendment authorizes the Fire Marshal and the Fire Chief to approve each applicant as to compliance with the State requirements and in accordance with National Fire Protection Association Pamphlet No. 10, and subject to their approval, authorizes the City Secretary to issue the permit. The proposed amendment should be considered on an emergency measure as there are pending applications for this permit. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass ordinance on an emergency measure. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. r r r F F J14 - RESOLUTION NO. 184 (6/14/79) was amended by Reso. 908 (9/10/81) 79-38-353-627 Resolution No. 184 (42) A resolution authorizing a contract with the Lubbock Chamber of Commerce Board of CitX Development regarding convention and tourism services. 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 Convention and Tourism Bureau Agreement between the Lubbock Chamber of Commerce, the City of Lubbock Board of City Development 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 14th day of June /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaf€ a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross_, Jr. John C. Ross, Jr., City Attorney ,1979. *NOTE: Convention & Tourism Bureau Agreement is attached to original Resolution No. 184. Councilman McAlister and Councilwoman Jordan have been serving on the liaison committee of the Chamber of Commerce/Board of City Development regarding the present arrangement for the convention and tourism bureau services. It is the recommendation of this liaison committee that the City of Lubbock enter into a contract with the Chamber of Commerce/BCD whereby the Chamber/BCD carry out the convention and tourism activities for our community. The Chamber/BCD would be responsible for promoting the Civic Center and the Auditorium -Coliseum as convention facilities and would actively solicit conventions for Lubbock with special emphasis on these facilities. The City would pay to the Chamber/BCD an amount equal to one-half cent of the hotel/motel tax, but not less than $50,000 annually, for the purpose of the Chamber soliciting conven- tions for Lubbock and advertising these facilities. City Attorney John Ross indicated there possibly would be some further conferences needed to work out some minor details raised by the Attorney for the Chamber/BCD. However, pursuant to a phone conversation to John Logan, Executive Director of the Chamber/BCD, prior to this regular session convening, they requested that paragraph No. 13 of the proposed contract be deleted and that some other minor details and technicalities be revised; that the Board of Directors of the Chamber/BCD had accepted the contract with the above revisions. Pursuant to the above report from the Executive Director of the Chamber/BCD, the motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to pass said resolution with the understanding that the City Attorney would work with the appropriate officials of the Chamber/BCD regarding the revisions of the contract. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-353-628 Resolution No. 185 (42-A) A resolution endorsing Economic Development District in SPAG re ion. JCR:hw RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF LUBBOCK, TEXAS DESIGNATING THE MAYOR AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF LUBBOCK IN 1H .., JUN 1-41979 DEALING WITH THE ECONOMIC DEVELOPMENT ADMINISTRATION FOR THE PURPOSE OF EN- DORSING THE DESIGNATION OF THE SOUTH PLAINS ASSOCIATION OF GOVERNMENTS AS AN ECONOMIC DEVELOPMENT DISTRICT UNDER THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965. WHEREAS, the United States Congress has passed the Public Works and Economic Development Act of 1965 (Public Law 89-136), authorizing the Secretary of Commerce to designate Economic Development Districts and to provide financial assistance to political subdivisions of states for economic development purposes; and WHEREAS, the South Plains Association of Governments is fully eligible to receive designation as an Economic Development District under this Program; aid WHEREAS, the City of Lubbock will benefit from the above -referenced designation; and WHEREAS, the City Council of the City of Lubbock is desirous of authorizing its Mayor to represent and act for the City in dealing with the Economic Development Administration concerning the designation, referenced heretofore, under this Program; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT the City Council hereby authorizes and directs its 11 Mayor to represent and act for the City of Lubbock in dealing with the Economic Development Administration for the purpose of this Program. The Mayor is hereby officially designated as the City's representative in this regard. SECTION 2. THAT the City Council hereby specifically authorized the Mayor herein designated to transmit a letter of endorsement regarding the designation of the South Plains Association of Governments as an Economic Development District. Passed by the City Council this 14th day of June /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 1979. This item had previously been discussed at Work Session of May 26, 1979. Councilwoman Jordan reported that SPAG was awaiting the receipt of resolutions from all the participating entities before issuing the appropriate documents requesting this area being designated Economic Development District, with SPAG as the administrative. arm. She also discussed the trend that there was an effort made to dilute the SPAG Board of Directors of elected officials, and that our endorsing the EDA designation would be contingent upon leaving the Board of Directors comprised of the elected officials of the parti- cipating entities. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass the referenced resolution endorsing the EDA designation in the SPAG region PROVIDED THAT the Board of Directors of SPAG would remain comprised of elected officials of the participating governmental entities, and that a letter from the Mayor accompany this resolution reflecting the Council's action. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-354-629 Bid No. 5345 for electrical items (Warehouse Stock). (43) Items 1,8,12 Items 2,3,10,11,15 Items 4,6,7,9,13,14 Nelson Electric Supply Co., Lubbock General Electric Supply Co., Lubbock Temple, Inc., Lubbock "5 . J• r F P F 79-38-355-630 (44) Bid No. 5357 for mast arm assemblies _(Traffic.Engineerin&)_ Low Bid . Union Metal Mfg., Co., Dallas 79-38-355-631 Bid No. 5354 for conduit at various intersections. (Traffic Engineering). Low Bid Ranger Construction, Inc. of Lubbock, Lubbock 79-38-355-632 Resolution No. 186 (46) A resolution authorizina the Mayor to execute a contract tied to Bid No. 5354, referenced above. LGB:cl RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for the installation of traffic signal conduit with Ranger Construction, Inc. of Lubbock, in the principal sum of $9,420.60, as per Bid No. 5354, after said contract has been prepared and approved by the City Attorney's Office. Passed by the City Council this 14th day of June ,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: Isl EvelZR Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Leon G. Bean Leon G. Bean, Assistant City Attorney *NOTE: Supplemental Agreement to Bid Agreement filed with Original Resolution #186. 79-38-355-633 Bid No. 5375 for one automobile (Zoning De t.). (47) 79-38-355-634 (48) 79-38-355-635 (49) 79-38-355-636 (50) 79-38-355-637 (51) Low Bid Fenner Tubbs Company, Lubbock Bid No. 5367 for hydro mulching machine (Park Dept.) REVENUE SHARING FUND, Entitlement Period IX). Low Bid Southwest Hydromulchers, Dallas Bid No. 5376 for grass_ seed (Park Dept.). Item No. 1 Item No. 2 . Holland Gardens, Lubbock Tom's Tree Place, Lubbock Motion was made by Councilman Aderton, seconded by Councilwoman Jordan to pass the above referenced bids and Resolution No. 186 tied to Bid No. 5354. Motion carried: Mayor West, Mayor Pro Tem. Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Bid No. 5363 for the construction of the service building at Co-op Substation (Electric Distribution). Low Bid Claude Martin & Sons, Inc., Lubbock Resolution No. 187 A resolution authorizing the Mayor to enter into a contract for construction of a service. building, Co-op Substation (tied to Bid No. 5363, referenced above) "— 79-38-356-638 (52) JWF:hw RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said city a contract for the construction of a station service building for the coop sub -station as per specifications Number SE-0007-02-040179, pursuant to Bid Number 5363, said contract to be entered into by and between said city as the prospective owner and Claude Martin and Sons, Inc., as the contractor for such construction. The stated amount for such contract is $20,347.00. Passed by the City Council this 14th day of June 1979. (s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Director of Utility Sales and Service APPROVED AS TO FORM: /s/ J. Worth Fullin im Assistant City Attorney Ordinance No. 7878 I An appropriation ordinance from the Electric Bond Fund relatin to Bid No. 5363 above. ORDINANCE NO. 7878 FORM L -2 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain 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 $24,610.35 For the following purpose: To construct service building at Co-op Substation. AND IT IS SO ORDERED 0 Passed by the Council on first reading this 14th day of June, 1979. Passed by the Council on second reading this day of 1979. Mayor ATTEST: 0 VERIFIED BY: s Charles Northin ton for SKM City Secretary -Treasurer FINANCE OFFICER APPROVED AS TO FORM: APPROVED BY:_/sjCarroll McDonald _ HEAD OF DEPT. DEPT. /s/J. Worth Fullingim Asst. City Attorney 35 11 r F 79-38-357-639 (53) 79-38-357-640 (54) 79-38-357-641 (55) 79-38-357-642 (56) Mayor Pro Tem Henry presiding. Motion was made by Councilman Aderton, seconded by Councilwoman Jordan to approve Bid No. 5363, pass Resolution No. 187 executing the contract tied to that bid, and passing Ordinance No. 7878 on first reading, also related to Bid No. 5363. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. Bid No. 5370 for padlocks (Electric Distribution). Low Bid Clowe and Cowan, Inc., Lubbock Bid No. 5358 for two salt spreaders Street Dept.). Low Bid Associated Supply Company, Lubbock Motion was made by Councilman Aderton, seconded by Councilwoman Jordan to approve Bids No. 5370 and 5358. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. One was Mayor Pro Tem Henry presiding. Lee Stafford, reappointed for a 4-year term: 6/14/79 - 6/30/83 Address: 4509 9th Street Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to reappoint Mr. Lee Stafford to serve a full term for the period of four years, said term expiring 6/30/83. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. ent to the Li term of Mr. Bi Dean bbock Public Transit Advisory Board. The ires 6/24/79. Bill Dean, reappointed for a 3-year term: 6/14/79 - 6/24/82 Address: 3816 55th Street Motion was made by Councilman Aderton, seconded by Councilwoman Jordan to reappoint Mr. Bill Dean for a term of three years, said term expiring 6/24/82. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-357-643 Resolution No. 188 (57) A resolution amending terms of office for the CitX Sector desi nees of the Community Development Advisory Committee said terms to commence June 1 fora period of two years. RESOLUTION WHEREAS, citizen participation has continually been an important and worthwhile part of the development of the community; and WHEREAS, citizens should continually be given opportunities to decide and make known their community needs and problems; and WHEREAS, citizens should be informed of municipal, state and federal programs which affect the quality of their City and neighborhoods, and should be involved in the decision -making process; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council resolution of July 13, 1978 is hereby amended; and THAT a Community Development Advisory Committee is hereby created to be composed of the Chairman of the Community Development Advisory Committee, who shall be appointed by the Mayor and the Chairmen of the following City Boards and Commissions: Planning and Zoning Commission, Parks and Recreation Board, Urban Renewal. Board, Board of City Development, Human � 4F. � F W �,kvtrr Relations Commission, The Lubbock Housing Authority Board, The Community Services Commission, and The Airport Board. In addition to these members, a repre-sentative of the Elderly and a representative of the Handicapped shall be appointed by the City Council. Further, the City Council shall appoint two (2) citizens from each of six (6) City Sectors as described in attachment "A". Low and moderate income citizens and members of minority groups shall be given substantial representation. The Committee shall adopt rules procedures necessary to conduct business, including the creation of sub -committees. The basic purposes of the Community Development Advisory Committee are to coordinate citizen participation in the Community Development process, to coordinate requests for Community Development Funds from City Departments and Agencies, to assess and recommend overall Community Development priorities to the City Council, and to develop and recommend to the City Council, and Community Development Block Grant Citizen Participation Plan. The City Council shall establish through the Community Development Office the basic Community Development Programs structure within which the Committee will function. Appointments as Chairman and members of the Committee shall be for two (2) years, and shall begin on June 1, of the year of appointment. Members may be removed by the Council at any time for just cause by majority vote. The Committee shall exist as long as the City Council determines a need for its services in accordance with State and Federal Statutes and regulations. Passed by the City Council this 14th day of June , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffgaa Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Vicki Foster Vicki Foster, C. D. Coordinator APPROVED AS TO FORM: /s/ W. M. McKamie W. M. McKamie, Asst. City Attorney 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. 79-38-358-644 Six appointments to the Community Development Advisory Committee - (58) City Sectors --said terms to expire August 28 1979. These appointments are in com liance with the above referenced resolution. Sector I: Carlos Longoria, 3002 Baylor 6/l/79 - 5/30/81 Rev. Roy Jones, 2625 Parkway Dr. 6/l/79 - 5/30/81 Sector II: Rev. A.L. Davis, 1825 Manhattan Dr. 6/1/79 - 5/30/81 Jesse Rangel, 516 - 55th 6/1/79 - 5/30/81 Sector III: Mrs. Elois A. Elliott, 2303 - 13th 6/1/79 - 5/30/81 Mrs. Estelle Bouverie, 3210 - 23rd 6/1/79 - 5/30/81 Sector IV: Fred Senter, 3313 - 55th 6/1/79 - 5/30/81 Julian Simpson, 4630 - 50th, #208 6/1/79 - 5/30/81 Sector V: Dr. Phil Hamilton, 3506 - 63rd Dr. 6/l/79 - 5/30/81 F. J. "Pug" Hamman, 3417 - 56th 6/1/79 - 5/30/81 Sector VI: Ms. Marjorie Kastman, 4601 - 20th 6/1/79 - 5/30/81 Ms. Sellie Shine, 4705 - 17th 6/l/79 - 5/30/81 I . L L Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to approve the above referenced appointments to the Community Develop- ment Advisory Committee, said terms being for a period of two years commencing 6/1/79. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. It was noted that the Mayor appoints the Chairman of the CDAC Committee and that appointment will be made at a later date. There being no further business, the motion was made by Councilwoman Jordan, seconded by Councilman McAlister to adjourn at 4:05 p.m. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. TY SECRE ARY-TREASURE READ AND APPROVED THIS THE 28th DAY OF June , 1979. C TY SECRET Y-TR SURE