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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/12/1979F r F REGULAR CITY COUNCIL MEETING July 12, 1979 The City Council of the City of Lubbock, Texas, met for its regular meeting on Thursday, July 12, 1979, at 9:30 a.m. in the Council Chambers, Second Floor, City Hall. Those present: Mayor Dirk West, Mayor Pro Tem Alan Henry, Councilwoman Carolyn Jordan, Councilman Bill McAlister, Councilman M. J. Aderton, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None 79-3 W387-696 The invocation was given by Jim Blagg, Assistant City Manager. (1) 79-3W387-697 The Pledge of Allegiance to the Flag was given in unison by those present (2) in the Council Chambers. 79-3&387-698 Approval of Minutes - Regular Meeting, June 28 1979 (3) The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve the above referenced minutes. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-389-387-699 Board Appointments (4) — Med Hunt Tax Equalization Board Harold Chatman Lubbock Citizens Traffic Commission Byron Martin 1979 Building Code Study Committee 79-38A-387-700 Proclamations (4-A) "Fill The Boot Day" - July 14, 1979 Receiving: Travis Burnside "Honorary Fire Chief for Saturday, July 14, 1979" Receiving: Donnie Roberts, the Poster Child for the Local Chapter, Muscular Dystrophy "P.O.W. M.I.A. Recognition Day" - July 18, 1979 Receiving: Ed Fort "Altrusa Volunteer Interpreters Week" - July 15-21, 1979 Receiving: Christine Pappas Dr. Norma Porres Laura Peacock "Lubbock Mexican -American Chamber of Commerce Week" - July 16-21, 1979 Receiving: Raul Sanchez Jaime Garcia 79-381-387-701 Airman of the Month (4-B) Airman Frederick M. Dedolph - Month of May Mayor West announced that the dedication of the new fire station located at 18th Street and Avenue K will be held Sunday, July 15, 1979, at 2:00 p.m. The public is invited. 79-38f-387-702 Resolution No. 200 (5) Lonnie Hollingsworth, Chairman of the Electric Utility Board to appear to make recommendations concerning engineering contract for long-range power supply study, and authorize same. Mayor Pro Tem Alan Henry presiding. 0. DGV:hw RESOLUTION NO. 200 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 proposal from Tippett & Gee, Inc., Consulting Engineers for Consulting Engineering Services, for Power Supply Study, 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 12th day of July ,1979. /s/ Alan Henry ALAN HENRY, Mayor Pro Tem ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney NOTE: Original proposal filed with Original Resolution No. 200 entitled "Contract with Tippett & Gee, Inc. re Poorer Supply Study". On April 12, 1979, the City Council authorized the staff to proceed with negotiations for an interconnect and a power supply study. The Electric Utilities Board has reviewed the proposal of Tippet and Gee, Inc. to conduct the power supply study. The two basic areas proposed to be studied are: 1. The feasibility of possible sources of future additional electric supply. 2. The coordination of an interconnect with present and future generating units under section one. The study is to include, but not be limited, to the following: A. Utilizing present gas turbines and steam units. (This could be done after an interconnect is in service and would lower the system's heat rate--- BTU--in per KWH out.) B. Fuel types and sources, including western coal and solid waste as a supplemental or alternate fuel. C. Use of sewage effluent for cooling water. D. Type and size of generating unit. E. Compliance with all state and federal regulations. F. Sitting consideration and their impact on the environment. The proposed contract price is at a fixed fee of $125,000. The Electric Utilities Board recommends that the contract be approved, and that it be financed from funds presently being accumulated for capital system improvements. Mr. Hollingsworth reported that LP&L is doing well and will need a new look in the future; that the sewege effluent plus the 1% retainage, approved by the Council, will off -set the contract price. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to accept the Electric Utilities Board's recommendation and approve Resolution. No. 200 authorizing Mayor Pro Tem Henry to execute the referenced contract. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. 39 It F 79-384389-703 request an ordinance prohibiting the Mr. Gilbert Herrera to appear to (6) sale of spray paint and chemicals to minors. Mr. Herrera appeared to request that an ordinance be passed which would prohibit the sale of glue and spray paint to minors. In October, 1977, the City Council passed an ordinance (No. 7556) which makes it illegal to sniff or inhale spray paint and chemicals; this ordinance, however, does not address the sale of spray paint or glue to minors. The City of Austin passed such an ordinance in August, 1976, whereby the businesses are required to display only empty containers of the items that contain these chemicals, and providing that only an adult can purchase the spray paint and glue. In Austin, any violation of this ordinance is a Class C misdemeanor. Mr. Herrera indicated in his presentation that San Antonio presently has an ordinance in effect similar to the one in Austin. Chief Alley indicated that such an ordinance would be difficult to enforce except on a complaint -type basis, and the burden would be placed on the store owner. Captain Bill Cox of the Juvenile Division indicated that the greatest problem is in the Arnett Benson neighborhood, and that a large portion of the spray paint and glue is stolen rather than purchased. Mayor West responded to Mr. Herrera that the Council was concerned about the matter and suggested that a committee comprised of the City Attorney, personnel from the MHMR and appropriate staff members get to work on preparation of such an ordinance; that copies of the approved ordinance in Austin and San Antonio be secured for research purposes; and that they would be in touch with Mr. Herrera as the work progresses. 79-38F-389-704 Mr. Robert Greene to appear to discuss the following items: 1. Petitions related to possible charter amendments; 2. Annexation of property located between Indiana Avenue and University Street from 107th Street to 114th Street; 3. Mortgage bond financing_through Lubbock _Housing Authority for low and moderate income housing. Mr. Robert Greene, on behalf of the Lubbock Property Owner's Association (LPOA) appeared and discussed the following items: 1. He presented to the Mayor three packages wrapped in brown paper, supposedly containing the referenced petitions. Mayor West accepted the packages and in turn handed them to the City Secretary for validation of the signatures in accordance with the law. Petition No. 1 PROPOSAL TO AMEND ARTICLE V OF THE CHARTER OF THE CITY OF LUBBOCK BY ADDING SECTION 5 THERETO TITLED "LIMITATION OF TAX LEVY" TEXT OF PROPOSAL The annual ad valorem taxes levied by the governing authority of the City government shall not exceed the rate of $1.12 per $100.00 valuation of taxable property. YES M9 TO: THE CITY COUNCIL OF THE CITY OF LUBBOCK We, the undersigned citizens and voters of the City of Lubbock, respectfully demand that the proposed Charter Amendment quoted above be submitted to the voters of the City of Lubbock for their approval or rejection at an election to be held not less than thirty (30) days nor more than ninety(90) days from the presentation of this petition to the City Council of the City of Lubbock. Each of the following persons, having personally signed this petition, says that he or she is a voter of the City of Lubbock and that his or her residence is correctly written after his or her name and that said petition is submitted in accordance with Article XI, Section 3, of the Charter of the City of Lubbock and pursuant to Article 1165, Vernon's Annotated Texas Statutes, and Article 1170, Vernon's Annotated Texas Statutes, as amended by the 63rd Legislature, effective August 27, 1973. 1.390 Petition No. 2 PROPOSAL TO AMEND ARTICLE V OF THE CHARTER OF THE CITY OF LUBBOCK BY ADDING SECTION 6 THERETO TITLED "LIMITATION ON ASSESSED VALUATION" TEXT OF PROPOSAL The annual ad valorem taxes levied by the governing authority of the City government shall, not exceed 60% percent of the fair market value of the property as the assessed valuation of property subject to tax. YES NO TO: THE CITY COUNCIL OF THE CITY OF LUBBOCK We, the undersigned citizens and voters of the City of Lubbock, respect# demand that the proposed Charter Amendment quoted above be submitted to the voters of the City of Lubbock for their approval or rejection at an election to be held not less than thirty (30) days nor more than ninety (90) days from the presentation of this petition to the City Council of the City of Lubbock. Each of the following persons, having personally signed this petit9 says that he or she is a voter of the City of Lubbock and that his or her residence is correctly written after his or her name and that said petition is submitted in accordance with Article XI, Section 3, of the Charter of the City of Lubbock and pursuant to Article 1165, Vernon's Annotated Texas Statutes, and Article 1170, Vernon's Annotated Texas Statutes, as amended by the 63rd Legislature, effective August 27, 1973. Petition No. 3 PROPOSAL TO AMEND ARTICLE V OF THE CHARTER OF THE CITY OF LUBBOCK BY ADDING SECTION 7 THERETO TITLED "APPROVAL BY VOTERS ON TAX INCREASE" TEXT OF PROPOSAL ly The annual ad valorem taxes levied by the governing authority of the City government shall not be increased on the basis of an increase in the rate of evaluation of taxable property nor on the assessed valuation of property subject to tax, from the preceding tax year, without first securing approval of said increase at an election submitting said proposed increase to the voters of the City of Lubbock. Said increase, if any, requiring a majority vote for its approval. YES Rom TO: THE CITY COUNCIL OF THE CITY OF LUBBOCK We, the undersigned citizens and voters of the City of Lubbock, respectfully demand that the proposed Charter Amendment quoted above be submitted to the voters of the City of Lubbock for their approval or rejection at an election to be held not less than thirty (30) days nor more than ninety (90) days from the presentation of this petition to the City Council of the City of Lubbock. Each of the following persons, having personally signed this petition, says that he or she is a voter of the City of Lubbock and that his or her I� residence is correctly written after his or her name and that said petition is submitted in accordance with Article XI, Section 3, of the Charter of the City of Lubbock, and pursuant to Article 1165, Vernon's Annotated Texas Statutes, and Article 1170, Vernon's Annotated Texas Statutes, as amended by the 63rd Legislature, effective August 27, 1973. 2. Mr. Greene expressed opposition of the LPOA for the proposed annexation; that it was for the benefit of the two developers only; that City services were not being provided for all areas within the City limits at the present time; that the August 1974 Land Use report reflected 47.74 % of land within the City limits of Lubbock, vacant and undeveloped; that the organization wished to go on record in opposition to any further annexation to the City of Lubbock until a higher percentage of available land in the City has been developed. 3. The LPOA wished to go on record opposing any creation of an agency or department within the City government, including a proposed housing authority until the City could show that the creation of such a new agency would benefit at least 51% of the citizens. A transcript of this item is on file in the Office of the City Secretary. I :391 79-384391-705 (7) F F. 79-38R-391-706 (8) r Ordinance No. 7880 Appropriation ordinance from the Water Capital Project Fund for safety climbing equipment (Engineering Dept_). AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to wit: Water Capital Project Funds The sum $7,983.92 For the following purpose: Furnishing and installing Safety Climbing Equip- ment at the following location: 1. Elevated tank at 50th Street and Joliet Avenue. 2. Elevated tank at 35th Street and Avenue "W" 3. Elevated tank at 19th Street and Avenue "V". 4. Elevate 4. Elevated tank at Water Treatment Plant 5. Elevated tank at Municipal Airport 6. Microwave tower at approximately 7 miles west of Sudan, Texas. Bid $7,532.00 Engineering and Contengencies 451.92 Total $7,983.92 AND IT IS SO ORDERED Passed by the Council on first reading this 28th 1979. day of June , Passed by the Council on second reading this 12th day of July , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer VERIFIED BY: /s/ Sterling K. Miller FINANCE OFFICER APPROVED BY: /s/ Wilford D. Watson HEAD OF DEPT. APPROVED AS TO FORM: /s/John-.C. Ross. Jr. John C. Ross, Jr., City Attorney Ordinance No. 7881 - Zone Case No. 2234 Request of Su erior Steel Buildings (for Bob Montgomery) to change Lots 1 and 3, Block 1, Merrill's Addition, City of Lubbock, Lubbock CountX, Texas from "C-4" to 11C-4" Specific Use Zonina District (located east of Avenue H and about 50 feet south of 22nd Street), subject to the following conditions: that the north wall exposed to 22nd Street be at least 30% brick stucco or stone construction; that some brick stucco or stone be used in the construction of the building next to the overhead doors on the west side that faces Avenue H. LGB:hw ORDINANCE NO. 7881 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. 2234; CHANGE LOTS 1 AND 3, BLOCK 1, MERRILL'S ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 392 79-38A-392-707 (9) Ordinance No. 7882 - Zone Case No. 2239 Reguest of Marsha Anthonyfor Southside United Pentecostal Church) to change Lots 19 Block 2 Ross Putty Addition City of Lubbock Lubbock County, Texas from "R-2" to "A-2" Zoning District (located north of 38th Street and west of Avenue B) subject to the following condition: that it be limited to church and related uses including day nursery. LGB:hw ORDINANCE NO. 7882 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. 2239; CHANGE LOT 19, BLOCK 2, ROSS PUTTY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 79-38A-392-708 Ordinance No. 7883 - Zone Case No. 2120-A (10) 79-380-392-709 (11) 79-39392-710 (12) 79-38)�392-711 (13) r Request of Raymond Hogan to change Lots 1 2, 3 and 4 Carver Addition City of Lubbock Lubbock Count , Texas, from "C-4" S ecific Use to "C-4" Zoning District (located south of 35th Street and east of Avenue LGB:hw ORDINANCE NO. 7883 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. 2120-A; CHANGE LOTS 11, 2, 3, AND 4, CARVER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 SPECIFIC USE PERMIT TO C-4 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. 7884 - Zone Case No. 2241 Request of Dale White for White's Pum2 Service to than a Tracts A and B Block 82, Markowitz Subdivision of Block 79., Roberts and McWhorter Addition City of Lubbock Lubbock County,Texas from "C-4" To "M-1" Zoning District (located south of Clovis Road and east of Waco Avenue). LGB:hw ORDINANCE NO. 7884 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. 2241; CHANGE TRACTS A AND B, BLOCK 82, MARKOWITZ SUBDIVISION OF BLOCK 79, ROBERTS AND MCWHORTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO M-1 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTIO 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUB LICATIO . Ordinance No. 7885 - Zone Case No. 1131-J Request of Harold Harri er (for Jess Stinson) to chap e.the south 150.44 feet of Tract C and the west 79.01 feet of the south 150.44 feet of Tract D. Monterey Center Addition, CitX of Lubbock, Lubbock County,Texas to amend the site plan located south of 52nd Street and east of Indiana Avenue),subject to the following condition: that no windows be permitted on the south side of the buildin and that onlv translucent windows be permitted on the east side of the build LGB:hw ORDINANCE NO. 7885 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CM OF LUBBOCK; ZONE CASE NO. 1131-J: CHANGE THE SOUTH 150.44 FEET OF TRACT C AND THE WEST 79.01 FEET OF THE SOUTH 150.44 FEET OF TRACT D, MONTEREY CENTER ADDITION, CITY OF LUBBOCK, TEXAS, BY AMENDING THE SITE PLAN MADE A PART THEREOF; PROVIDII A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 7886 - Zone Case No. 1996-C Request of Burl Masters (for Tri on Cor oration) to chap a Tract D-3 Sentr Park Addition Citv of Lubbock, Lubbock Count Texas, from - 1 LA"— . to "C-2" Zonin District (located north of 68-th Fit Fic C k3�33 LGB:hw ORDINANCE NO. 7886 1. I 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. 1996-C; CHANGE TRACT D-3, SENTRY PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2A TO C-2 ZONING DISTRICT: PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. r 79-3W393-712 Ordinance No. 7887 - Zone Case No. 2232 (14) Appeal of C. A. Henson to change a tract of land out of Section 10, Block B City of Lubbock Lubbock County,Texas from "R-3" to "C-2A" Zoning District (located north of 37th Street and about 158 feet west of Avenue P) . F F 79-38F-393-713 (15) 79-384393-714 (16) 79-38h-393-715 (17) 79-38P393-716 (18) LGB:hw ORDINANCE NO. 7887 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. 2232; CHANGE A TRACT OF LAND OUT OF SECTION 10, BLOCK B, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 TO C-2A 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. 7888 - Zone Case No. 1112 -A A22eal of Susan Parks (for Howard M. Milburn) to change Lots 1-B and and 1-C, Sylvan Dell Heights Addition, City of Lubbock, Lubbock County, Texas to amend the site 21an (located south of 50th Street and west of Quaker Avenue). LGB:hw ORDINANCE NO. 7888 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1112-A; BY AMENDING THE SITE PLAN ON LOTS 1-B AND 1-C SYLVAN DELL HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; 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. 7889 An ordinance amending Ordinance No. 7084 being the Zoning Code b adding Section 16.4-1a making grocery stores with over 35,000 square feet of total floor area a conditional use in "C-2" Zone Districts. LGB:hw ORDINANCE NO. 7889 AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, BY ADDING A SECTION TO BE NUMBERED 16.4-1a, MAKING GROCERY STORES WITH OVER 35,000 SQUARE FEET OF TOTAL FLOOR AREA A CONDITIONAL USE IN C-2 ZONE DISTRICTS, PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Councilmen McAlister to pass Ordinances No. 7880, 7881, 7882, 7883, 7884, 7885, 7886, 7887, 7888 and 7889 on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider an amendment to the FY 1979 Metropolitan Plannina Organizati-on- City A reement. For several years, the City has participated in the Metropolitan Planning Organization (MPO) to update the Lubbock Urban Transportation Plan and monitor its planning processes. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve the referenced amendment. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7890 An ordinance zone on West 34th eet and Avenue. the 20 h school 394 79-38-394-717 (19) 79-38R-394-718 (20) LGB:hw ORDINANCE NO. 7890 AN ORDINANCE AMENDING ORDINANCE NO. 6111 OF THE CITY OF LUBBOCK BY DELETING ONE FLASHING SCHOOL ZONE THEREIN AND AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT THEREAT TO 35 MPH AS PROVIDED HEREIN; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS: REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING THAT STREETS AND HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINLCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. The flashing 20 mph school zone is recommended for removal with the new installa- tion and operation of traffic signal located on West 34th Street at Chicago Avenue. The traffic signal will be equipped with pedestrian push buttons and pedestrian walkway lights for those pedestrians crossing 34th Street. An adult school crossing guard will continue to be stationed at this location, 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. At 10:05 a.m. Mayor West announced that an Executive Session would be held to consider land acquisition and pending litigation. This Session is in accordance with Sec. 2-f, Art. 6252-17, V.A.T.S. Consider allocation of Community Development Contingency Funds as an urgent need for traffic lights and street im rovements at East 50th Street and Quirt Avenue. The Lubbock Independent School District officials requested the City review 11 the intersection of East 50th Street and Quirt Avenue to consider the possibility of both widening and providing a traffic signal. They have indicated that approximately 80 buses use this intersection daily enroute to the storage yard and maintenance barn and has become a very dangerous location due to the increased traffic. The Traffic Engineering has requested $65,000.00 for the widening of the intersection and for the installation of the traffic signal. The location is eligible for funding from CommunityDevelopment, p t, the location) being within a CDBG target area and will serve primarily low and moderate income persons; the improvements will help the ingress and egress to a somewhat isolated area in East Lubbock; that Contingency Funds are available for the project, but not under the context of "urgent need"; that under the CD Citizen; Participation Plan, all new projects using Contingency Funds are subject to a neighborhood meeting for citizen input as subject to a subsequent meeting by the CDAC, followed by a recommendation to the City Council. Utilizing all required steps of the CD regulations, completion of the project would be six months following the recommendation to the City Council. City Manager Larry Cunningham recommended to the Council that the project be handled through the normal steps - deleting the term "urgent need" - and be funded by the Community Development Contingency Funds that are available. Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to approve the allocation as recommended, deleting the term "urgent need", and proceed with the normal steps as required by the Community Development regulations. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 201 A resolution a"roving and adoptitg the Co munity Develo went Citizen Participation Plan. RESOLUTION NO. 201 A RESOLUTION ADOPTING THE 1980-81 CITIZEN PARTICIPATION PLAN FOR THE COM- MUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, Citizen participation has continually been an important and worthwhile part of the development of the Community; and :9s WHEREAS, Citizens should continually be given opportunities to decide and make their community needs and problems; and WHEREAS, Citizens should be informed of Municipal, State and Federal Programs which effect the quality of their City and neighborhoods, and should be involved in the decision -making process; and WHEREAS, The City of Lubbock as a recipient of Community Development Block Grant Funds is required to prepare a written Citizen Participation Plan which meets the requirements of 24 CFR 570.303; and i WHEREAS, The proposed Citizen Participation Plan has been approved and recommended by the Community Development Advisory Committee of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the 1980-81 Community Development Citizen Participation Plan, which is attached hereto and made a part hereof, BE and is hereby approved and adopted as policy and procedure of the City of Lubbock. Passed by the City Council this 12th day of July 1979. /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City SecretaryTreasurer APPROVED AS TO CONTENT: /s/ Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: /s/ W. M. McKamie W. M. McKamie, Assistant City Attorney NOTE: 1980-81 Participation Plan filed with Original Resolution No. 201 entitled "Community Development Citizen Participation Plan (1980-81)." As a result of the April HUD monitoring visit, the City was asked by HUD to revise its Citizen Participation Plan by July 15. There are nine major areas that HUD feels need improvement, to -wit: 1. City should have continuing process for citizen participation in three areas - planning and development, implementation and assessment. 2. There needs to be a mechanism for two-way communication between the neighborhood residents affected by CDBG activities and the City. 3. The procedures to be used in informing citizens of how, what, when and where should be fully developed in the Citizen Participation Plan. The CDAC is not sufficient to meet the requirements for neighborhood involvement. 4. The CDAC should be composed of persons who are representatives of the persons affected by the CDBG program. There should be some mechanism for documenting the socio-economic characteris- tics of the Advisory Committee. The use of a profile form was suggested. 5. The Citizen Participation Plan should develop a procedure for establishing priorities and for developing areas of concern and how any resident can impact on the process. 6. The Plan should describe and define the role of the Urban Renewal Agency in the determination of priorities and the selection of activities. 7. The Community Development Plan should develop methods of informing residents of the CDBG program, the citizen partici- pation process and the methods to be used to enter the system. 1, 8. The Plan should develop procedures for amending the CDBG program. The process should provide for full citizen partici- pation in amendments which require and do not require prior HUD approval. 9. The use of CDBG contingency funds for new activities or projects is subject to full citizen participation requirement. These deficiencies were presented to the CDAC on June 26 for discussion and recommendation. One of the major changes is that all new projects to be funded from CD Contingency Funds are to be considered by the neighborhood sector and the CDAC with recommendations to follow to the City Council. This has reference to Item 19 above. The changes in the Participation Plan as recommended by the CDAC are: 1. Vice -Chairman of the CDAC is elected by CDAC members. 2. CDAC will hold meetings throughout the year, at least every month on the second Tuesday. 3. The CDAC will concentrate their a. Citizen Participation b. Monitoring and Evaluation c. Housing d. Neighborhood Revitalization e. Community Facilities f. Economic Development activities in six major areas: 4. During the planning and development phase, the CDAC will hold public meetings to discuss the results of the neighborhood planning meetings and to develop recommendations to the City Council. 5. The Citizen Participation Plan must define the role of the Urban Renewal Agency in the Community Development process. 6. Implementation: Citizens must be given the opportunity to advise on policy relating to the implementation of CDBG activities. 7. Assessment: The Plan must provide citizens the opportunity and mechanisms to evaluate the performance of CDBG activities. 8. Citizens will be allowed opportunity to participation in any amendments to the CDBG program. a. Neighborhood meeting(s) in affected area. b. CDAC will review and make recommendation to City Council. 9. All new projects funded from CDBG Contingency Funds are subject to full Citizen participation. a. Neighborhood meetings in affected area b. CDAC will review and make recommendation to City Council 10. Public hearings, CDAC meetings and neighborhood planning meetings will be advertised through newspapers; news releases will be sent to local news media neighborhood associations in the affected area, and where appropriate HRC mailing list. 11. Complaints or objections of significant importance will be reviewed by CDAC for recommendation of appropriate action. Councilwoman Jordan indicated that objections should be expressed to our elected officials in Washington as to the mundane and asinine requirements reflected in HUD's "Deficiency List". Vicki Foster, Community Developer Coordinator, indicated that the decision was to implement and correct the deficiencies as stated by HUD or sacrifice the receipt of $3,000,000. City Attorney John Ross recommended to the Council that they adopt those necessary changes as recommended by the CDAC which are necessary to achieve the corrections of the deficiencies as stipulated by HUD; that a resolution be prepared and considered by the Council officially expressing their disdain at HUD's requirements to be sent to our elected officials in Washington. Following all discussion, the motion was made by Councilman Aderton, seconded by Councilwoman Jordan that the staff prepare a resolution expressing the Council's objection to HUD's "Areas of Deficiency List", to be submitted to.our elected officials in Washington, said resolution reflecting that the Council is not in agreement with this type of requirements as stated. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 1 1i 11 3-97 F F. F 79-380 97-719 (21) 79-38P,397-720 (22) In light of the 60-day deadline placed upon the City by HUD, the motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to approve CDAC's recommended changes as listed above, said changes necessary to correct the deficiencies as listed, as stipulated by HUD; additionally, that the CD Coordinator write a letter to the HUD regional office requesting guidelines as to the most effective, least expensive manner by which the citizens in the affected area are to be notified of the proposed project, and whether or not the costs involved are to be funded from the Contingency Fund allocated to the project. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 202 A resolution approvina and adoRting the Community Development Section 3 Affirmative Action Plan. RESOLUTION NO. 202 A RESOLUTION APPROVING AND ADOPTING THE COMMUNITY DEVELOPMENT AFFIRMATIVE ACTION PLAN FOR SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968. WHEREAS, The City of Lubbock as a recipient of Community Development Block Grant Funds is required to prepare a written affirmative action plan which meets the requirements of Section 3 of the Housing and Urban Development Act of 1968; and WHEREAS, The proposed Community Development Affirmative Action Plan meets or exceeds the requirements of Section 3 of the Housing and Urban Development Act of 1968; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Community Development Affirmative Action Plan for Section 3 of the Housing and Urban Development Act of 1968, which is attached hereto and made a part hereof, BE and is hereby approved and adopted as policy and procedure of the City of Lubbock. Passed by the City Council this 12th day of July • -_`, 1979. /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelzr Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: /s/ W. M. McKamie W. M. McKamie, Assistant City Attorney The regulations in Section 3 of the Housing and Urban Development Act of 1968 requires the City prepare and adopt an Affirmative Action Program Plan for each year's funding of the CD Program. Section 3 provides that the City will utilize small minority businesses and contractors in the implementation of CD projects. The Charter of the City of Lubbock and Article 2368a of the Civil Statutes require competitive bidding which eliminates absolute assurance that all minority businesses will be covered. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution adopting Section 3 Affirmative Action Plan. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 203 A resolution accepting paving improvements_constructed by W. D. Turner Construction -Company _in South Loop Addition, Lot 2-At- Avenue J and 70th Street. -- -- -- - RESOLUTION NO. 203 398 L, . WHEREAS, in conformance with the paving requirement provisions of City ' Ordinance 133, the subdivider of South Loop Addition (Avenue "J" 70th Street and Lot 2 A), made arrangements with W. D. Turner Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of South Loop Addition (Avenue "J", 70th Street and Lot 2-A) including the following streets: East 1/2 of Avenue "J" from its intersection with the South Lip Line of 66th Street to its intersection with a line 327.97' South of the South Lip Line of 66th Street known and designated as New Subdivision Sub -Unit Number 62 of Unit Number 2024. West 1/2 of Avenue "J" from its intersection with the South Lip Line of 66th Street to its intersection with the North Lip Line of 70th Street known and designated as New Subdivision Sub -Unit Number 38 of Unit Number 2025. East 1/2 of Avenue "J" from its intersection with the South Property Line of Lot 2-A, South Loop Addition to its intersection with the North Lip Line of 70th Street known and designated as New Subdivision Sub -Unit Number 39 of Unit Number 2025. 70th Street and Stubs at Avenue "L" from its intersection with a line 17.00' West of the West Property Line of Avenue "L" to its intersection with the cul-de-sac East of Avenue "J" known and designated as New a Subdivision Sub -Unit Number 40 of Unit Number 2025. WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331, NOW THEREFORE: Of That the improvements on said portions of the above -mentioned streets BE and the same are hereby accepted and the City Engineer be and 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 by the City Council this 12th day of July , 1979. /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaf_fga _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, City Attorney 79-38A•398-721 Resolution No. 204 (23) A resolution accepting avin improvements constructed bX the developers of Tract_ "B" in Alliance Acres Addition, and authorizina the release of RESOLUTION NO. 204 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Alliance Acres Addition Tract "B", made 399 I F arrangements with Strong Paving Company for the construction of paving improve- ments on a certain street dedicated in said subdivision plat of Alliance Acres Addition including the following street: The South 1/2 of 34th Street from its intersection with the South-west end of radius of Frankford Avenue to its intersection with a line 200.00 feet West of the West property line of Frankford Avenue known and desig- nated as New Subdivision Sub -Unit Number 27 of Unit Number 2023. WHEREAS, the construction of the above improvements on the above -mentioned 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, NOW THEREFORE: BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the above -mentioned street be and the same are hereby accepted and the City Engineer BE and 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 by the City Council this 12th day of July 1979. /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, City Attorney APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer 79-38f-399-722 Resolution No. 205 (24) A resolution acceptina pavingimprovements constructed bv the developers in Alliance Acres Addition Tract "C" thru "L" and authorizing the release of prepaid paving in the amount of $8,453 49. '4 RESOLUTION NO. 205 I RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Alliance Acres Addition Tracts "C" thru "L", made arrangements with Strong Paving Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Alliance Acres including the following street: The South 1/2 of 34th street from its intersection with the West Loop Access Road to its intersection with the West Property Line of Tract "B" Alliance Acres Addition known and designated as New Subdivision Sub -Unit Number 73 of Unit Number 2024. WHEREAS, the construction of the above improvements on the above -mentioned 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, NOW THEREFORE: 400 BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the above -mentioned street be and the same are hereby accepted and the City Engineer be and 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 by the City Council this 12th day of _ July _, 1979. /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross Jr. John C. Ross, Jr., City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Resolutions 203, 204 and 205, referenced above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-384-400-723 Resolution No. 206 (25) A resolution authorizing the Mayor to execute for and on behalf of the City of Lubbock an agreement between Texas Tech School of Medicine and the City of Lubbock for services required in contract PS-021-04-P-00, Family _Planning. - ---" - -• -"— DGV:hw RESOLUTION NO. 206 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ii THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between Texas Tech School of Medicine and the City of Lubbock for services required in Contract PS-021-04-P-00, Family Planning, 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 12th day of JuI 1979. I /s% Dirk West i DIRK WEST, MAYOR - - ATTEST: I Js/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer U Ll� 401 79-38R401-724 (26) F... r APPROVED AS TO FORM: /s/ C. Ross Jr. John C. Ross, Jr., City Attorney APPROVED AS TO CONTENT: /s/ Denzel Percifull DENZEL PERCIFULL Director of Public Services Admin. NOTE: Contract filed with Original Resolution No. 206 entitled "Contract w/Texas Tech School of Medicine/Planning Services (PS-021-04-P-00 - Family Planning)". This request is for the renewal of a contract (PS-021-04-P-00) for family planning services, the Health Department becoming a subcontractor, providing laboratory services at a fee of $3.75 per test. It is,estimated the Health Department conducts some 200 tests per month. 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. Resolution No. 207 A resolution authorizing the Mayor to sign an ap2lication for a Land and Water Conservation Fund grant. DGV:cl RESOLUTION NO. 207 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 application to the Texas Parks and Wildlife Department and related documents, 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 12th day of July 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary --Treasurer APPROVED AS TO CONTENT: /s/ Lawrence Banks Lawrence Banks, Community Facilities Asst. Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney NOTE: Grant Application filed with Original Resolution No. 207 entitled "Grant application - Texas Parks & Wildlife Dept." There is presently $218,525 in Community Development Funds set aside for the construction of an athletic field quadraplex in the Yellowhouse Canyon Park. This is adequate for financing four ball diamonds. The Park and Recreation Department requests approval to submit a grant application to the Texas Parks and Wildlife Department requesting an additional $218,525 to supplement the approved allocation for the purpose of constructing a 400-space parking lot, a road to the complex, and labor and materials for 18 soccer fields. Motion was made by Councilman Aderton, seconded by Councilwoman Jordan to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 402 79-3W402-725 (27) 79-385-402-726 (28) 79-38P-402-727 (30) 79-38A-402-728 (31) Consider request of J. Ben Haralson to use the Barbecue Pit arf Mackenzie Park for a soccer clinic. Mr. Ben Haralson rented the barbecue pit party house at Macken� that his purpose was to use the structure and surrounding grounds for a soccer camp. Subsequent to the committment being made, it was determined by the Park and Recreation Department that a fee of $50 per person was to be made for participating in the soccer camp; that 100 participants are expected; that professional soccer player Bobby Moffat has been engaged to conduct the camp. With respect to concessions in City Parks, the State Law provides that no person, firm, or association of persons "...shall have the right to offer for sale or barter, exhibit anything or conduct any place of amusement where a fee is charged within said parks without first obtaining the consent of the governing body or its authorized agent paying for such privilege or concession in a sum agreed upon with said body or its agents." In Work Session held at 9:00 a.m. prior to the Regular Council Meeting, Jim Weston, Director of Community Facilities, indicated that the Park & Recreation Board had met regarding the situation; that a rental fee of $80 had been paid by Mr. Haralson to engage the facilities; that at the time the committment was made, no policy with respect to this type of situation was in force or in effect; it was their recommendation that in light of the circumstances, no additional remuneration be placed upon Mr. Haralson for this activity, but in the future that the Board consider 5% of the fee charged; that Mr. Haralson will need to provide all liability insurance and other necessary documents. The motion was made by Councilman McAlister, seconded by Councilman Aderton to accept the Park & Recreation Board's recommendation, stated above, allowing Mr. Haralson to use the facilities for the rental fee of $80. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton I and McAlister voting Yea; none voting Nay. Councilwoman Jordan requested that the Park & Recreation Board submit a policy for future situtations with respect to use of the party houses for commercial purposes. Consider acceptance of the new irrigation system in the City of Lubbock Cemetery and authority for final ^ payment. The new irrigation system installed by Yerkey Sprinkler Company at the Lubbock Cemetery has been completed and an inspection tour was made on July 3, 1979 by representatives of the Company, of the Cemetery Department and Park & Recreation Department, finding the installation acceptable. 11 Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to accept the referenced improvements. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider authorizing publication of Notice to Bidders for well field development including wells.,, roads and pipe lines. Resolution No. 208 A resolution accepting water and sewer service to Lot 131 thru 160 7, Lakeridge Country Club Estates. The total of construction is $154,039.53; the developer is to receive a refund in the amount of $65,312.83 in accordance with provisions in Chapter 34 of the Code. RESOLUTION NO. 208 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 131 THRU 160, 163 THRU 219 & 222 THRU 227, LAKERIDGE COUNTRY CLUB ESTATES. WHEREAS, the developer of Lots 131 thru 160, 163 thru 219 & 222 thru 227, Lakeridge Country Club Estates have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and; WHEREAS, the total utility cost to the developer is $154,039.53 with the improvements constructed by Holloway Contracting Company having a value of $145,143.34 as determined by the unit prices established by said Chapter 34, and $8,896.19 cash paid to the City, with Lakeridge Country Club Estates, the developer, to receive a refund of $65,312.83 in accordance with Chapter 34 of the Code of the City of Lubbock, and; WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE: 11 Ei I 403 r r BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That the refundable cost in the amount of $65,312.82 be made in accor- dance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. Passed by the City Council this ATTEST: 12th day of July , 1979. /s/ Dirk West Dirk West, Mayor /s/ Evelyn Gaffga_ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John Ross, City Attorney 79-38h403-729 Consider accepting extension to Southwest Lubbock water distibution (32) mains and authorize final payment to the contractor. The estimated cost of this contract was $174,278.20; the final cost is $174,285.40; the final payment is in the amount of $20,668.54 (Revenue Sharing Funds). 79-3 *403-730 Resolution No. 209 (33) A resolution accepting water and sewer service to Lots A-1 thru A-9 D-1A thru D-1H and D-1J Sentry Park Addition. RESOLUTION NO. 209 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS Al THRU A9, DIA THRU DIH AND DIJ, SENTRY PARK ADDITION. WHEREAS, the developer of Lots Al thru A9, DIA thru DIH and DIJ, Sentry Park Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and WHEREAS, the total utility cost to the developer is $12,260.51 with the improvements constructed by Panhandle Construction Company having a value of $19,655.60 as determined by the unit prices established by said Chapter 34, and $2,604.91 cash paid to the City, with Trigon Corporation, the developer, to receive no refund in accordance with Chapter 34 of the Code of the City of Lubbock, and WHEREAS, the construction of the said water and sewer improverments was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specification, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK 1. That the improvements by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. This resolution shall take effect and be in force from and after its passage. Passed by the City Council this 12th day of July 1979. ATTEST: /s/ Dirk West Dirk West, Mayor 404 79-38k404-731 (34) APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr._- _ John C. Ross, Jr., City Attorney Resolution No. 210 A resolution accepting water and sewer service to Lots 1-A thru 6-B, Whis erwood Addition. RESOLUTION NO. 210 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS lA THRU 6B, WHISPERWOOD ADDITION. WHEREAS, the developer of Lots IA thru 6B, Whisperwood Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, p WHEREAS, the total utility cost to the developer is $5,964.58 with the improvements constructed by Panhandle Construction Company having a value of $5,366.20 as determined by the unit prices established by said Chapter 34, and $598.38 cash paid to the City, with Tara Land Company, the developer, to receive no refund in accordance with Chapter 34 of the Code of the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THERE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. This resolution shall take effect and be in force from and after its passage. Passed by the City Council this 12th day of July 1979. ATTEST: /s/ Dirk West Dirk West, Mayor /s/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary --Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr John C. Ross, Jr., City Attorney [I] I 405 r r r r 79-384-405-732 Consider authorizing publication of Notice to Bidders for construction (35) of No. 10 pump station and reservoir. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to: (a) authorize publication of notice to bidders for well field development, above; (b) pass Resolution No. 208, above; (c) accept the water improvements in Southwest Lubbock, above; (d) pass Resolution No. 209, above; (e) pass Resolution No. 210, above; (f) authorize publication of notice to bidders for construction of No. 10 pump station, above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38L405-733 Ordinance No. 7891 (36) An ordinance providing for proof of ownership of a vehicle involved in hit-and-run accidents. DGV:hw ORDINANCE NO. 7891 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A SEC. 18-32.2 ENTITLED "PRESUMPTION IN HIT AND RUN ACCIDENTS" PROVIDING THAT PROOF OF OWNERSHIP OF A VEHICLE SHALL BE PRIMA FACIE EVIDENCE THAT SUCH OWNER WAS THE DRIVER OF AN AUTOMOBILE INVOLVED IN A HIT AND RUN ACCIDENT UNLESS SUCH PRESUMPTION IS REBUTTED BY COMPETENT EVIDENCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The Police Department requested the Legal Department write an ordinance which creates a legal presumption that the owner of a hit-and-run auto was the driver of said auto unless the owner came forward with evidence to the contrary. Chief Alley indicated that this type of accident has increased from approximately 150 per month to 170 per month. Such an ordinance would require the vehicle owner to furnish the driver's name or the owner's name would be used on the accident report. The proposed ordinance would create no hardship on the public since all a person has to do to overcome the presumption is to present competent evidence that he was not driving the car at the time of the accident, and it is likely the identity of the actual driver would be revealed. This would allow the officials an avenue of obtaining recompense for the damage suffered to both City and private property. An owner may meet the burden of providing competent evidence with as little as his sworn statement that he was not driving the car, so it is not a hardship on the owner. Motion was made by Councilman Aderton, 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. 79-389-405-734 Consider appointment of ttaorary Municipal Court judges. (37) With the resignation of Judge Drew Littleton, it is necessary to appoint temporary Municipal Court Judges during the heavy workload. Until the Council appoints another Municipal Court Judge, Mr. Fred 0. Senter has accepted an offer to serve as a temporary judge for an indefinite period of time. The Council is also requested to reaffirm the appointment of Mr. Syrin E. Marbut as temporary judge, his first appointment occurring in 1947. The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to appoint Fred 0. Senter as a temporary Municipal Court Judge for an indefinite period of time, on a contractual basis; and to reaffirm the appointment of Syrin E. Marbut as a temporary Municipal Court Judge. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-34405-735 Bid _No. _5397 for service drop cable (warehouse. stock). Item 1 Graybar Electric Company, Lubbock Item 2 Nelson Electric Supply Company, Low alternate bid of Gen- Lubbock eral Electric Supply Company, Lubbock, did not meet specifications. Low bid as specified. Item 3,4 Nelson Electric Supply Company, Lubbock 406 at-4- f� 79-38L406-736 (39) 79-38L406-737 (40) 79-38P-406-738 (41) 79-38L406-739 (42) 79-38E406-740 (43) Bid No. 5393 for aluminum pole bases, brackets, and standards (warehous-e stock) . Items 1,2 Items 3,4 Union Metal Mfg. Company, Dallas General Electric Supply Company, Lubbock Bid No. 5403 for plastic conduit (warehouse stock). Low Bid Fields & Company, Lubbock Bid No. _5399_for badges and folders (Police Dept.) (Revenue Sharing Funds). Low Bid Entenmann-Rovin Company, Pico Rivera, California Motion was made by Councilman Aderton, seconded by Councilman McAlister to approve the above referenced bids. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider one appointment to LUBBOCK CITIZENS TRAFFIC COMMISSION• the appointment of Vic Vines ex ices 7/13/79. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to appoint Vic Vines for a full term of 3 years, said term expiring 7/13/82 (New World Apts., 4306-16th, Mgr.'s Apt., 79415, Phone No. 793-6442). Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider one appointment to the URBAN RENEWAL AGENCY to ff term of Mrs. Eleanor Malouf. who r ; this term the unexpired ires 11/26/79. Motion was made by Councilman Aderton, seconded by Councilman McAlister to appoint Mrs. J. William (Edwena) Davis to fill the unexpired term of Eleanor Malouf, said term expiring 11/26/79 (2830-23rd, 795-0504). Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38406-741 Consider one a ointment to the URBAN DESIGN COMMISSION to fill the (44) unexpired term of Bill Averitt who has rest ned• this term Mires 9/14/80. Motion was made by Councilman McAlister, seconded by Councilman Aderton to appoint Bill McMillan to fill the unexpired term of Bill Averitt, said term expiring 9/14/80 (Res: 4408-11th, 799-3787; Bus: 216-36th, 744-2329). Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Counci: Aderton and McAlister voting Yea; none voting Nay. There being no further business, the motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to adjourn at 3:27 p.m. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ATTEST: CI SECRET Y-T SU READ AND APPROVED THIS THE 26th DAY OF July 1979. ATTEST: Mars. Davis decline appointment 7-24- 79.