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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/26/1979407 .11 F REGULAR CITY COUNCIL MEETING July 26, 1979 The City Council of the City of Lubbock, Texas, met for its regular meeting on Thursday, July 26, 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 79-389407-742 The invocation was given by Larry Cunningham, City Manager. ( 1) 79-384407-743 The Pledge of Allegiance to the Flag was given in unison by those ( 2) present in the Council Chambers. 79-38407-744 Approval of Minutes - Regular •Meeting, July 12, 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. 79-384407-745 Citizen Appearances ( 4) Board Appointments Bill McMillan Urban Design Commission Proclamations "Thirty Years Young - Happy Anniversary Reese Air Force Base'Week" - July 30-August 5, 1979. Receiving: Col. Mont omer "Dixie Little League of Lubbock Day" - July 28, 1979 Receiving: Larry Rice James Webster Rev. Hector Gonzalez and team Junior Officer of the Quarter - April -June 1979 Second Lieutenant Dan L. Draper At 9:47 a.m. Mayor Dirk West announced that an Executive Session would be held at the appropriate time for the purposes of considering personnel matters and pending litigation. This Session was announced in accordance with Sec. 2-f, Art. 6252-17, V.A.T.S. 79-389407-746 Representative of the Cultural Affairs Council to appear to present ( 5) recommendations for awarding of art grants. Appearing: Mr. Bill Holder, representing the Grants Committee, Cultural Affairs Council The agreement between the Cultural Affairs Council and the City of Lubbock provides that a review committee is to receive and evaluate grant applications for the encouragement, promotion, and improvement of all forms of art in the community, and make recommendations for awarding of these grants to the City Council. Mr. Holder indicated there were 15 grant applications received. There is a total of $50,708 available to be awarded, said monies being that portion of the hotel/motel tax collected prior to September 30, 1978. The City agreed to pay this amount in three equal installments of $16,902 each at the time the agreement was approved. The second installment is due August 15, 1979; the third installment is due November 15, 1979. 40 901 The Committee is recommending that grants totaling $24,950 be made to the following organizations: Lubbock Heritage Society --Bus Tour to historic sites in the community with three tour options $ 2,950--55% Tau Beta Sigma --Solo and Ensemble Contest for the students of the 41 junior high schools 900--36% Texas Tech Music Theater/Civic Lubbock, Inc. -- To keep costs down for public tickets for productions of "Faust" and "My Fair Lady" 7,500--11.7% Lubbock Symphony Orchestra, Inc. --Free Children's Concerts in cooperation with the Lubbock Inde- pendent School District. 13,600--77% The next grant period will commence December 1, 1979. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to accept the above recommendations of the Grants Committee of the Cultural Affairs Council. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79E38-408-747 _Clyde Kelsey to appear to request paving a part of the East-West alley ( 6) in the block East of Indiana Avenue and between 74th and 75th Streets. Appearing: Dr. Clyde Kelsey on his own behalf and adjacent property owners Dr. Kelsey indicated that the block of alley paving requested was considered on the April 12, 1979 public assessment hearing, and was dropped from the paving program because a majority of the property owners opposed the paving. Dr. Kelsey appears now on behalf of himself, Mr. F. E. Brett, Mrs. Louise Maedgen, Mr. Basil L. Webb, Mr. Tom Perry and Mr. Donald W. Rude to request a portion of the alley be paved, that portion being directly behind their properties; that each of the referenced property owners have a rear access to their property off of the alley; that excessive inclement weather prevents them from having ingress and egress privileges to their respective properties due to the condition of the alley; that Dr. Kelsey and Mr. Brett are assuming the major part of the expenditure for the property owners, and request the City to assume the remaining cost involved. The present City paving policy is that partial alley paving is financed 100% by property owners and the City does not participate. When an entire alley is paved with concrete, the City participates 50% of the cost and the property owners pay the balance or 50% of the cost. When cement -stabilized base paving is used, the City only participates in 10% of the cost, with the property owners paying 90% of the cost, for the reason that the cement - stabilized base paving requires more maintenance on the City's part on a year-to-year basis. Dr. Kelsey indicated he had received a letter some time ago indicating that the City would pay 50% of the cost on a cement -stabilized base. In response to Dr. Kelsey's comment, Willie Watson, City Engineer, was asked by the Council to speak to this matter, to which he replied it had been the City policy for some years as stated above; that in the near future the Council would be presented with recommendations regarding a new policy on paving of alleys which would reflect that the City not participate in any of the cost. The following discussion reflected some concern about establishing a precedence, to which the response was that the new paving policy, if adopted as recommended by the staff, would eliminate the City's participation in any of the cost for alley paving. There was also concern expressed as to the paving of a portion of the alley rather than the entire alley; that Dr. Kelsey had received word from the City Staff, in writing, that the City would absorb 50% of the total cost with a cement -stabilized base being used. Following additional discussion, the motion was made by Councilwoman Jordan, seconded by Councilman McAlister to table the above referenced item until the next Regular Council Meeting, August 9, 1979, to allow sufficient time for the City Staff to investigate the statement made in correspondence to Dr. Kelsey, and to allow sufficient time for Dr. Kelsey to inquire of other property owners as to their willingness to share in the proposed cost on a 10%/90% basis as reflected in the Paving Policy. Dr. Kelsey responded that he would be out of the City on University business on the 9th, to which the Council responded that he probably should have a representative of the property owners present. Motion carried: Mayor West, Councilwoman Jordan and Councilman McAlister voting Yea; Mayor Pro Tem Henry and Councilman Aderton voting Nay. 409 r r F r r 79-38409-748 (6-A) 79-384-409-749 ( 7) 79-380-409-750 ( 8) Mr. Russell Bean, Chairman of the Water Resources Board, to appear to present recommendation regarding future water supply. Appearing: Mr. Russell Bean, Chairman, Water Resources Board At the July 23, 1979 meeting of the Water Resources Board, the Board made several recommendations to the City Council, the priority item being for the Council to give immediate attention to the implementation of the Post-Justiceburg Water Project as outlined in the Freese and Nichols study. The Board's recommendation is for the Council to give immediate consideration to commencing negotiations with the White River Municipal Water Authority for the development of the Post Lake and securing water rights to the Lake; that although the Justiceburg reservoir will be the major reservoir, transferring water into the Post reservoir, and then to the treatment plant, it is of urgent need that these negotiations be completed before further consideration can be given to the matter. There was some discussion as to the composition of the Committee to handle negotiations; it was agreed that Sam Wahl, Director of Water Utilities, and his staff would be among those participating members. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to accept the Water Resources Board's recommendation as stated above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7890 An ordinance amending City Ordinance No. 6111 repealing the 20 m h school zone on West 34th Street and Chicago Avenue. 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 CLiMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES 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. Ordinance No. 7891 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. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass Ordinance No. 7890 and Ordinance No. 7891 on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-381409-751 Ordinance No. 7892 - Zone Case No. 2237 ( 9) ublisher's Request of the City of Lubbock to change Block 232 Original Town ffidavit on Page Addition City of Lubbock Lubbock County, Texas from M-1 to M-1 (DH) 12 A. Zoning District located at 1801 Avenue G) subject to the following conditions: (a) to u hold the Urban Design Commission's recommendation to designate the buildings a landmark and all of Block 232 as a historical district• b that all new buildings shall be architectural) compatible with the landmark. LGB:hw ORDINANCE NO. 7892 AN ORDINCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2237; CHANGE ALL OF BLOCK 232, ORIGINAL TOWN, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM M-1 TO M-1(HD) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 410 In accordance with Notice of Public Hearing published July 10, 1979, in the Lubbock Avalanche -Journal, a public hearing was held on the above matter. Proponent: Mr. Jim Bertram, Director of Planning The Planning and Zoning Commission voted 7-0 to recommend approval of this request. The request was originated by the Urban Design Commission with the approval II and support of Mr. Ronnie Thompson, owner of the proposed historical landmark, referred to as The Depot, a restaurant. This will be Lubbock's first Design Historic District and Lubbock's first Historic Landmark. The Ordinance provides for the continued preservation of the exterior visual elements of the building and that any buildings or additions within Block 232 will be compatible with the existing architecture. Mr. Bertram indicated that the Commission had received written opposition from adjacent property owners who were under the impression that the Urban Design Commission would be the new owners of the Landmark, and he wished to allay this misunderstanding and made it clear to the Council that Mr. Ronnie Thompson was the owner, that Mr. Thompson was in full agreement with this request, and was pleased to participate and lend his support to its development. Mr. Bertram also indicated there had been some objection raised by the Railroad Company to the effect that it would be difficult for them to build on the adjacent property which they own to comply with the compatible architecture. There being no opposition present and no further discussion, the hearing was closed. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-3$E410-752 Ordinance No. 7893 - Zone Case No. 2245 (10) Request of Emergency Medical Services (for Lubbock Count Hospital Publisher's District)to change Lot 536 Ku kendall Heights Addition City of Affidavit ty, Texas from A-2 to AM Zoning District on Page 412 A. (located at 5012_ - 50th St.). LGB:hw ORDINANCE NO. 7893 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. 2245; CHANGE LOT 536, KUYKENDALL HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-2 TO AM ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with Notice of Public Hearing published July 10, 1979, in the Lubbock Avalanche -Journal, a public hearing was held on the above matter. Proponent: Doak Enabnit Mr. Enabnit appeared on behalf of the Emergency Medical Services. The Planning and Zoning Commission voted 7-0 to recommend that this request be approved. The request is by the Lubbock County Hospital District to accommodate a branch of EMS in Southwest Lubbock. EMS wishes to place a mobile home behind the existing County Precinct Building on 50th Street from which to operate their emergency services for Southwest Lubbock. The Planning Commission did not want approval of this item to in any way be construed as a precedents for mobile homes for commercial use in Southwest Lubbock. Mr. Enabnit indicated that the emergency equipment would not be in operation, i.e. sirens, flashing lights, etc., until the vehicle reached a major thoroughfare; that the location of the emergency services would serve about 60,000 population in this particular area. There being no opposition and no further discussion, the hearing was closed. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 411 I r 11 79-389411-753 Ordinance No. 7894 - Zone Case No. 1979-A (11) Request of Bill Cox (for Smith Baker Field & Clifford Inc.) Publisher's for a specific use zone chap a from R-1 to AM Specific Use Permit Affidavit on under provisions of Section 22.3-20-3 of the Zoning Ordinance for Page 412 A. 2rofessional offices on Lots 18 19 and the West 5 feet of Lot 20 Block I S u res Place Addition City of Lubbock Lubbock Count Texas located North of 22nd Street and West of Indiana Avenue) subject to the following conditions: (a) that it be tied to non -medical rofessional offices; b) that it be tied to the site plan as shown. LGB:hw ORDINANCE NO. 7894 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. 1979-A; CHANGE LOTS 18, 19 AND THE WEST 5 FEET OF LOT 20, BLOCK 1, SQUYRES PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO AM ZONING DISTRICT; 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. In accordance with Notice of Public Hearing published July 10, 1979, in the Lubbock Avalanche -Journal, a public hearing was held on the above matter. Proponent: Bill Cox on behalf of Smith, Baker, Field & Clifford, Inc. This request for AM Specific Use is for professional, non -medical offices and falls within the AM Policy zone line south of 19th Street and west of Indiana. The site itself will have a frontage onto Indiana Avenue. Mr. Cox indicated there would be a screening fence on the west line which abuts residential dwellings; that the alley would be paved, the total cost being assumed by the proponents; that there had been no opposition to the residential area surrounding the site; and the proponents agreed to the stated conditions. There being no opposition and no discussion, the hearing was closed. 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#-411-754 Ordinance No. 7895 - Zone Case No. 1811-A (12) ' Request of Arnold Maeker (for the First Baptist Church) to change Publishers Tract "B" Potomac Park Addition City of Lubbock Lubbock Count Affidavit on Texas from R-2 to A-2 Zoning District (located at 8315 Indiana Page 412 A. Avenue) subject to the following condition: that it be tied to church and related uses. LGB:hw ORDINANCE N0, 7895 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. 1811-A; CHANGE TRACT B, POTOMAC PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-2 ZONING DISTRICT; SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with Notice of Public Hearing published July 10, 1979, in the Lubbock Avalanche -Journal, a public hearing was held on the above matter. Proponent:. Arnold Maeker on behalf of First Baptist Church This request was originally purchased by the Lubbock Baptist Association for Mission purposes; subsequently the First Baptist Church took over the operation of the Mission, and the Church is now interested in starting a permanent plant. The tract was zoned R-2 under the old R-2 zoning classification; the A-2 request simply allows the legal nonconforming use for church and church related purposes. Proponent indicated they were agreeable to the stated conditions. There being no opposition and no discussion, the hearing was declared closed. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none Voting Nay. 412 79-38L412-755 Zone Case No. 2213-A (13) Request of Bob Gilliam for a s ecific use zone change from R-1 to AM_ SpecificPermit under provisions of Section 22.3-20 of the Publisher's _Use Zoning Ordinance for a real estate office on a tract of land out Affidavit on of Section 27 Block F-2 City of Lubbock Lubbock County,Texas Page 412 A. (located South of 69th Street and West of Slide Road). In accordance with Notice of Public Hearing published July 10, 1979, in the Lubbock Avalanche -Journal, a public hearing was held on the above matter. Proponent: Mr. Jan Fouts, Attorney, on behalf of Bob Gilliam By vote of 6-0 the Planning and Zoning Commission recommends this request be denied. Within the last year a request for AM zoning for a doctor's office was denied on this tract. The site also was involved in a large development plan which included the land west of Slide Road up to 68th Street and west of Aberdeen. The proponents of that zone case suggested an R-2 buffer zone between the apartments and commercial area to the north which include this tract of land; however, the previous R-2 request was denied by Council and an R- 1 single-family use was left along the south alley. Mr. Fouts' presentation reflected that the site faced into 69th Street; that there was a 24-hour convenience -type store directly across the street; that the new Albertsons Store and the new Sentry Plaza Shopping area were across the street; that the site, although zoned for single-family purposes, was unable to secure appropriate funding on a permanent basis; that the proponent wished to locate his real estate office on the premises and intended to do some extensive landscaping, install a circular drive, and upgrade the property generally; that there would be very little traffic connected with his business. A e_p� aring: Mr. Arias Mr. Arias is the current tenant on the property and indicated that he was not interested in buying the property because of the busy traffic on Slide Road; that the property fronted 69th Street resulting in vehicle lights shining in their front windows; that the location was a hazard to his small children while crossing the street on their way to school; that the neon signs reflected over the screening fence into their back yard, and in his opinion the property was not suitable for single-family residences. Appearin& Mr. Buddy Barron, Realtor Mr. Barron appeared as a character reference for Mr. Gilliam, indicating he was a reputable businessman; that the highway on Slide Road presently under construction was detrimental for single-family residences; and that the proposed landscaping would be aesthetically beneficial. Opponent: Mr. Bill Cox, 5210 70th Street (Lot 5, Ranch Acres) Mr. Cox represented himself as a homeowner in the area; that he had appeared on the previous zone request in opposition to the property becoming rezoned; that to approve the request would be a "leak in the dyke" and would be detri to the entire Ranch Acres development; that Mr. Gilliam knew at the time he bought the property that it was zoned for a single-family residence; that there were other alternatives for developing the property which Mr. Gilliam apparently had not considered or wished to pursue. Councilwoman Jordan asked if he would share with them the alternatives he had in mind, to which Mr. Cox replied that by relocating the carport and erecting a screening fence that the ingress and egress could be relocated off of Slide Road. 0 onent: Mrs. J. W. Conover, 6804 Slide Road Ms. Conover indicated their property was adjacent to the referenced site; that they enjoyed their property and the Slide Road traffic and commercial area were not detrimental to a family life style. 0 onent: Thomas J. Giffith, Attorney, on behalf of Mr. and Mrs. Jerry Gailey (Lot 1, Ranch Acres) Mr. Griffith indicated that his clients had invested in their property as residential; that inasmuch as Mr. Gilliam had received interim financing, that no doubt permanent financing was available; and that the identifying signs connected with his business would be distasteful to his clients who live in the Ranch Acres Addition. The following discussion reflected rebuttal by Mr. Fouts, response by Mr. Cox, comments by Mr. Jim Bertram, Director of Planning, as to the zone request of the California developers and its relationship to this site. ital I Lii PIJ 412 A JUL 26199 roll r i"ft f 79-38&409-751 ( 9) 79-38A410-752 (10) 79-380411-753 (11) 79-38L411-754 (12) 79-389412-755 (13) t� THE STATE OF TEXAS COUNTY OF LUBBOCK of the Southwestern Newspa- Be fore me M i l y n fierce a Notary Public in and for Lubbock County, Texas on this ay nd Sunday, who personally appeared ing, Evening a ers Corporation, publishers of the Lubbock Avoid newspaperorlhas been npublished continuously for beingby me duly sworn did depose and say that said e a I Notice - 535 words fifty-two weeks prior to the first insertion of this Per word - $123.05 No. 573b80 _ at Lubbock County, Texas and the attached print- thanNotice is a true copy of the original and was printed in the Lubbock ed c• y of the i� Avalanche -journal on the following dates. y 10 * 197 n n Ain _ 14-25 usiness Manag-er LUBBOCK AVALANC eE-JO Nation URAL Southwestern Newspapers p -1-2- Subscribed and sworn to before me this -23rslday of 19 M�R6IL�PfEr IAY COMMiSS:ON EXPIRES CEO. 1, 1980 Notary Public in and for Lubbock County, Texas C1TYC,OUNCILHSARING NOTICE Is hereby given to owners of the property F+ereinafier dr scribed or referred to and to all other persons as provided by law, publl hold a ic heerinq an the 2611h day Of putb, t,T,, a 10:30 A.M.. In the and li0000r tof the ClityrHaN tin sec. bock. mTOW, fa consider the reC- omenoVions of the Planning and Zoning Commisson tt the hereon dt district of the property afterrwhich hearing, the Cdlty Coun- I Ingwordinance inandh map twill be amends enn atcedance with such -i. ZONE CASE. ues NO. 223) — ReQt of the City of Lubbock to change Block 232, Oriolnai Town Addition, City of LUbDOCk, Lubbock Coun- ty, Terri from M•3 to M.1 IDHI Zoning District. (Located at 1E01 Avenue .l The Ptanniriq and Zoning COmmtS- sian unanimously recommended to the City CWnr,. that this request be approved- subi"' to the follow- ing ronditions: an a�Ommiss oon recohod themmenderb t onto designate the building as a land- mark and all 01 Block 232 as a historical district, l be b..T ve,.rleuaely Wmpa hleaiwith Dis- Loco edatSol sgihSt eet.}*srw.. the Planning and Zoning Commix don unanimously recommended to the City Council that this request be approved. V ZONE CASE NO. hlji,79-A - Re' rest of all, Lox (tar Smith. BakMic Field 6 Clifford. Inc.) for a spec use zone change. from R-1 to I. AM -n-liC Use Permit under "O' . _ _ ..r e.reinn 22.3.;0, Of the ZOW on LQ" w 11 - of Lot 20, Block 1. Squyret e Addition. y City of Lubbock. ,w M a4ndtStreel and Westt o 1 noiana Arc...=•, Tne ptanning an 4 Zoning endCorrld t- sion unanimously recommended to the Clty Council that this request be apPraved, subiec! to the follow, In q conditions: a. Thal if be 1se0 to nonmedical profess!One; offices. b. That it be tied to the site plan as shown. ZONE CASE NO. 1Bx1-A — Re - of Arnold Meeker (for the First Baptist Church) to change Tract "BY", Potomac Park Adds• tion, CiTexas froof m R�2 to Au2Zn o ing District. (Located at $315 tndi• ana Avenue-) The ptanning and Zoning Commis- recommended to tSion uhe CilynCounCCl that h s feQuest be approved, subject to the follow- s n. a Thellitobe tjed to church and re- lated uses. y ZONE CASE NO. 2213 A ' R C ones! of.Bon natlel from rgalsfO�AM 412 B JUL i97� 79-38&413-756 (14) �I �I THE STATE OF TEXAS COUNTY OF LUBBOCK Before me _ Marilyn Pierre a Notary Public in and for Lubbock County, Texas on this day personally appeared J - C - R i r k man I_ R u s # n o % S, M an a 0 e_r_ of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Lega l Notice - 319 words _(a 23t Per word - $73. 37 No. 574798 — at Lubbock County, Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: July 119 1979. (City of Lubbock P.O. No. H-2429) - -_ B siness Manager LUBBOCK ALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this lZth day of — J u I y 19 79 0 MARILYN PIERCE MY COMWSSJON EXPIRES EES. 1, 1980 Notary Public in and for Lubbock County9 Texas NOTICE 9F PUBLIC HEARING NOTICE is hereby Ivan that an July 26, 1979, at 1:4 le M. In the Ctr Council Chambers' the see ontl floor of the City Hall, Lubbock, Texas, there will be held by the Lubbock Clty Council a public 'earing on the annexation of an area Of land described herein, which Is adjacent to the existing csrporate IfMIIs of the Ciyy:of Lub- bock, Tell" tlS% di9 metes wescribd 13EGINNING at a point In the pre. sent City Limits line, as estab- lished by City of Lubbock Ordl• nance No. 620t, sold point beinngg 6aa feet South anq 660 feet east of_the Northwest Corner of Section Ill, Block. E; THENCE south approximately 52M feet to a point 660 feet south and 660 feet east of the Northwest cr. rner of Section 11 Block E' THENCE west approximately 660O eat 10 a point fall feet South and 660 feet west of the Northeast corner of Section 22, Block E-2; THENCE north approximaleiy 3300 feet tda point In the existing Ity Limits line, as described by Ordinance No 75S7, Said point being 2640 feet south and U4 feel west of the Northeast corner of Section 13, Block E•2; THENCE east approximately 1220 leaf along the existing City Limits boundary to a point 660 feat east and 2640 feet south of the northwest corner of Section 19, .Block E-2; THENCE north approximately 1990 feet along the present CItYy Limits line, as described. by ord nance No. 707, to a point palnq 660 feet south and 660 feet east of the northwest corner of Section 19, Block E•2; THENCE east approximately $2110 feel along the exislin99 City Umits !Ine, to the pointot beginning, Contains 740 acres, moreor lass. I HEREBY CERTIFY that this no- tice was published In the Lubbock Avatanche-Journal on July 1 i,.1979. E VELYN GAFFGA city SeCretary-Treasurer (Seal) Fil II II I I I. I 11 413 C r r Following all discussion, the hearing was declared closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to uphold P & Z and DENY the above request. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; Councilman Aderton voting Nay. 79-389-413-756 Hold a public hearing to consider annexing a tract of land to the (14) City _of _Lubbock located between Indiana. Avenue and University Avenue, from 107th Street to 114th Street. Publisher's Affidavit on In accordance with Notice of Public Hearing published July 11, 1979, in Page 412 B. the Lubbock Avalanche -Journal, a public hearing was held at 1:30 p.m. on the above matter. Proponent: Norton Baker, applicant for the requested annexation Mr. Baker indicated that the request for annexation was located between Indiana and University Avenues and from 107th Street to 114th Street; that the requested portion to be annexed was suitable for residential development. The Planning and Zoning Commission, before acting on this request directed that a subcommittee be established to determine if the City needed to annexed any more land and to set policies on how future land annexation would be handled. The subcommittee defined four study areas as being active growth areas and directed the Staff to prepare an annexation study, said study being delivered January, 1979. The subcommittee also deliberated upon the effect of our existing and proposed water supply on projected population, and the subcommittee recognized that the City would need to continue to annexed additional land to accommodate the optimum population for Lubbock as based on the City's ability to provide domestic water sources. Pursuant to the subcommittee's report, the Planning and Zoning Commission adopted the following annexation policy: "An area to be considered for annexation must be within an adopted long-range policy corridor (the study areas as shown on the enclosed map), and meet one of the following criteria: 1. The area requested for annexation should be substantially developed. 2. The area requested for annexation should be in the process of development. This criteria also includes any strip commercial development that is within our outside of the policy corridor area. 3. The area requested for annexation should have an immediate potential for development." It was pointed out to the Planning Commission that this request falls outside of the 5-minute response line and fire stations would respond if this area is annexed, but not within a 5-minute period until the projected station is built at 106th Street and Avenue U. Sam Wahl, Director of Water and Utilities, pointed out that inclusion of any developed area in this annexed area could create a financial problem for the City in terms of sewer service; that the sewer service to this area is scheduled to be from a trunk sewer in 98th Street which will not be constructed until bonds are voted for this project. This would require the developer to construct a lift station and force main at his own total cost without any reason. If the developed areas are annexed and request sewer service, then we would have no option except to connect these customers into the developer's system within three years. At the time this happens, the system then becomes a refund situation since we are using the facilities that he provided. Therefore, it would be more simple to annex only the undeveloped land which involves about 3/4 of the section rather than the entire section. It was recommended to the Council that they give further consideration in regard to annexation of this case and future cases by changing our pro rata ordinance and place more capital expenditures on developers with the City having minimal developmental cost, and they should also give consideration to the requirement that developers begin paying for garbage containers rather than these being provided by the City. A third consideration would be the possibility of tying any future annexation to our securing a third major water supply. Ap taring: Mr. Jack Geddes, Developer, Builder Mr. Geddes appeared in favor of annexation, in general; that for the good of the growth of Lubbock, a sound annexation policy was necessary; that any development was 98% risk on the part of the developer, of which the M 41.4 79-38414-757 (15) developer is entirely aware, and to deny this request and all future requests. with respect to annexation would be detrimental to the community. Appearing: Cecil Jennings, Developer, Builder Mr. Jennings indicated that it was impossible to develop the vacant land located in the east and northeast area for the simple reason that one cannot develop an area if you do not have customers, and the growth pattern for Lubbock is south, southwest, west at this time. Mayor West asked if there were any representatives from the Lubbock Property Owners Association present inasmuch as they spoke to this issue specifically at their appearance before the Council on July 12, 1979, at which time they submitted three petitions requesting charter amendments. No one was present from this organization. Mr. Jim Bertram, Director of Planning, presented the Commission's position with respect to their annexation policy indicating that there was some 20 square miles surrounding the present boundaries which would allow for growth and additional annexation. Mr. Sam Reyes, President of the West Texas Home Builders Association, also appeared and indicated that while the Association did not have time to meet formally to address this situation, those members of the Association that were polled were in support of this request and any future annexation requests; that a "no growth" approach would be detrimental for the City of Lubbock and would eliminate all home building, contractors, suppliers and related industries; that a national report reflects a "no � growth approach" kills a community. j A taring: Mr. Brownie Brownlee, Executive Director, Lubbock Board of Realtors Mr. Brownlee indicated there were about 1,000 realtors in the City of Lubbock and that the area of growth is dependent upon developed land; that the consen of his Board was supportive of any future annexation. There being no further discussion nor additional appearances, the hearing was closed. Resolution No. 211 A Joint resolution between the City of Lubbock and the County Commissioner's Court requesting Governor Clements to redesignate the Steering Commission of the Lubbock Urban Trans ortation Study group -as the Metropolitan Planning Organization (MPO)_ JOINT RESOLUTION WHEREAS, the City of Lubbock, Lubbock County and the Texas Department of Highways and Public Transportation have been engaged in extensive studies of the transportation problems and the transportation needs of the City of Lubbock, the County of Lubbock and the Lubbock area; and WHEREAS, the Lubbock Urban Transportation Study Group, established by II these three bodies, has worked in close cooperation with the Texas Department of Highways and Public Transportation and officials, local citizens, industries and businesses of the Lubbock area to determine transportation needs and plan for possibly improvements; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE COMMISSIONERS' COURT OF LUBBOCK COUNTY: THAT the Governor of the State of Texas, the Honorable William P. Clements, is hereby requested to again designate the Steering Committee of the Lubbock Urban Transportation Study Group as the Metropolitan Planning Organi- zation for transportation development in the Lubbock area for two additional years commending August 14, 1979 and continuing through August 14, 1981. Passed by the City Council this 26th day of July, 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s Evel n Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl John C. Ross Jr. John Ross, City Attorney 0 Passed by the Commissioners' Court of Lubbock County, Texas, this 9th day of July, 1979. /s/ Rodrick L. Shaw EM F F. r r r The present agreement between the Steering Committee of the Lubbock Urban Transportation Study and the Governor's Planning Office will expire August 31, 1979. The Governor's Office has requested that the Metropolitan Planning Organization (MPO) be redesignated prior to August 1, 1979. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to execute the joint resolution between the City of Lubbock and the County Commissioner's Court as requested by Governor Clements. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38�415-758 Consider setting a date and time to hold a public hearing to consider (16) the request of Lubbock Industrial Foundation Inc. to annex a tract of land to the City of Lubbock. This 1,500 acre tract is located between loth Street (FM 2641) and Ursuline Street, from North Guava Avenue to North Olive Avenue. This tract is currently owned by the City of Lubbock and is marketed by the Industrial Foundation of the Chamber of Commerce for industrial use. This request was heard by the Planning and Zoning Commission on July 12, 1979. It is the Staff's position that this request is suitable only for industrial development due to the proximity of the Airport along the railroad on one side of the site in question. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to hold a public hearing on the above proposed annexation on August 9, 1979, at 1:45 p.m. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-39415 -759 Consider recommendation from Tech Terrace Neighborhood Committee (17) regarding barricades around the Park The Tech Terrace Liaison Committee made up of Oscar Crane, Mrs. Bill Marquis, Mrs. Tom Sawyer, Dr. Martin Gunderson, Dr. Carl Anderson and Mrs. J. D. McPherson met on June 25 and July 10, 1979 to discuss alternative solutions to the traffic -related problems around Tech Terrace Park. Chief of Police J. T. Alley, Jim Bertram, Director of Planning, and Assistant City Manager Jim B1agg provided the Staff's assistance. At the July 10, 1979 meeting the Staff presented four possible alternatives to the Tech Terrace situation: 1. Removal of parking adjacent to the park. 2. One-way street combination. 3. Modified barrier plan. 4. Removal of existing barricades. The Committee appeared to be deadlocked concerning any selection of the above alternatives. Those individuals living adjacent to the park are convinced that the existing barricades have solved the problem that they identified, and feel that the removal of the barricade at 23rd and Gary was a concession on their part and that further concessions would jeopardize the solution that had already been achieved; the other members of the Committee who do not live directly adjacent to the park, were firmly convinced that the problem is purely seasonal and that the barricades were too harsh a remedy from what they consider to be a seasonal problem; the Committee finally agreed on a recommendation to the Council to -wit: the barricades at 23rd and Flint be removed, leaving the two barricades at 25th and Flint and 25th and Gary; that the remaining barricades would be left at their present location until October 15, 1979; that during the third week of September, the Committee will reconvene to re-evaluate the effectiveness of their recommendation and to take other actions as may be dictated by the situation. The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to accept the recommendation of the Committee. Motion carried: Mayor Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlistert, voting Yea; none voting Nay. The Council expressed their appreciation to the Staff for the excellent manner in which they worked with the Committee. 79-3 4415 -760 Consider Rrice and conditions of sale of the west 140' (18) 7-1 of the Coronado -Tex. R733 area. of Parcel Developer: 20th & Birch Church of Christ $73,000, for landscaping and development of church site 79-30 415-761 Consider the price and conditions of sale of Part of Parcel 3-4 in the (19) Coronado -Tex. R-33 area. - Developer:. Robert Locke $1,500, for adding on to adjoining property for landscaping 416 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve the above referenced sales. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38� 416-762 Consider the use of Community Development contingency funds for the (20) improvements to the intersection of East 50th Street and 2uirt Avenue. *Publisher's As a result of an inquiry by the Lubbo:k Independent School District, the Affidavit on Traffic Engineering Department has requested $65,000 for widening of an 416 A. intersection at 50th Street and East Quirt and the installation of a traffic Page signal. This intersection is used by employees of Johnson Manufacturing Company and LISD school buses, of which 80 buses use this intersection daily enroute to the storage yard and maintenance barn. The requested improvements are eligible for funding from Community Developmen t inasmuch as the location is within the CDBG target area and will serve primar ily low and moderate income persons. The revised CD Citizen Participation Plan requires all new projects to be funded from Contingency Funds are subject to a public hearing for citizen input; a public hearing was held July 19, 1979 at 7:00 p.m. at Copper Rawlings Community Center, including some opposition from members of the Yellowhouse Canyon Addition. Mr. Shelton Berry, Chairman, Community Development Advisory Committee, appear d and made the following recommendation: that funding for the traffic signals ($30,000) be funded from Community Development Contingency Funds, and funding for the street improvements ($35,000) be funded from General Revenue Sharing. Mr. Berry also indicated that the representatives from the Yellowhouse Canyon Addition were urged to return at a later date to offer suggestions as to improving the ingress and egress of the Yellowhouse Canyon Addition. Inasmuch as additional Revenue Sharing Funds are not available at the present' time, and inasmuch as the project is exigible for Community Development Contingency Funds, it was the Staff's recommendation to the Council that the entire project be funded from CD Contingency Funds. In the event the Council approves such recommended funding, the proposed schedule would be as follows: July 26, 1979 City Council approves Contingency Funds for improvements at 50th and Quirt Avenue. July 29, 1979 Publish notice of finding no signi- ficant effect on the environment. (Wait 15 days.) August 14, 1979 Publish notice of intent to request release of funds from HUD. (Wait 7 days.) August 22, 1979 Submit request for release of funds and environmental certification from the HUD area office. (Wait 15 days.) September 10, 1979 Funds released by HUD. Project costs may be incurred. February 10, 1979 Traffic Engineering estimates 6 months for the completion of right- of-way acquisition, street widening and installation of the traffic signal. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve the above referenced projects utilizing Community Development Contingency Funds for the entire project. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-381416 -763 Resolution No. 212 . (21) A resolution authorizin for no interest deferred a ent loanronto theecute East One-Halfe(E/2)ien of -Lot a 10 Block D Butler Estates Addition. RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RELEASE OF LIEN FOR A NO IN- TEREST DEFERRED PAYMENT LOAN TO OLA TYLER AND HER SUCCESSORS. WHEREAS, The City of Lubbock is the holder and owner of a certain Builders and Mechanics Lien and a Deed of Trust on the property described as being the East 1/2 of Lot 10, Block D, Butler Estates Addition to the City of Lubbock, Lubbock County, Texas, both said instruments securing the indebtedness incurred upon the execution of a No Interest Deferred Payment Loan to OLA TYLER; and Ll 11 416 A JUL 2 6 190, 79-38E416-762 (20) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Mari I Yn Pil? UP a Notary Public in and for Lubbock County, Texas on this day personally appeared J. C. Rickman, Businosa M naf___err _—of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this _ Legal Notice_ - 375 words to ?3t Per word - $86. 25 No. 591531 at Lubbock County, Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock A alanche-Journal on the following dates: August 15 City of Lubbock P.O. No. H-3421) s Business Manage LUBBOCK'AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 171 h day of _ August 19.79 xa MARlLYN PIEki.'ot MY COMMISS-ON EXPIRES FEB. 1, 100 Notary Public in and for Lubboc oun y9 Texas i PUBLIC NOTICE OF REQUEST FOR RELEASE OF FUNDS City of Lubbock, P 0. Box 2000, �. Lubbock, Texas 79657, (&W) TO ALL INTE RESTED PARTIES: On August 23, 1979, the City will re• quest the Department of Housing and Urban Development 'HUD, to release federal funds under Tale 1 Of the Housing and Community De. velopment Act of 1974 {PL 93.31113� for the following project: IMPROVEMENTSTO ENTERS IDNAT SOth b QUQUI RT 565.000.OQ The City has made an envlronmen- - to review record IQr the project which documents the environmen- tal review of the project. This rec- ord is on file at the above address and Is aveI able for public examf- nation and copying, upon request The City w'll : derteke the project described above with Block Grant funds from the U S. Department of Housinq and Urban Development nder Tit e I of the Housing and CcmrnuPity Development Act of 1974. The C,ty is certifying to HUD that the City and Mayor Dirk West, ;n his official capacity as Mayor, consent to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental re- views, decision -making, and ac- tion, and that these responsibilities have been satisfied. The legal ef- fect of the certification is that c 3Qn its approval, the City may use the Block Grant funds and HUD will have sat€sVed Its responsibilities under the National Environmental Policy Act of 1969. HUD will accept an objection to Its approval of the release of funds and acceptance of the certification only If it is on one of the following bases: (a) that the certification was not in fact execut- ed by the chief executive officer or other officer of the City approved + by HUD; or (b) that the CHY's en- vironmental review record for the project Indicates omission of a re- Qulred decision, finding or step applicable to the project in the en- vironmental review process. Objections must be prepared and submitted in accordance with the rocedure (24 CFR Part uand 5a maybe addressed to HUD of 2001 Bryan Tower. Fourth Floor, Dallas, Texas 15201, Objections to y, the release of funds on bases other than those stated above will not be k considered by HUD. No objection received after September 17, 1979, will be considered by HUD Dirk West Mayor . IF� P Box 2000 Lubbock. Texas 79e37 G JUL 6 1971 I 11 [Il I 417 r r 19 WHEREAS, said debt, lien and obligation secured thereby have been fully paid and satisfied to the City of Lubbock by cash in hand in the amount of Six THOUSAND TWO HUNDRED TWENTY SEVEN and N0/100 DOLLARS ($6,227.00) from OLA TYLER and her successors; NOW THEREFORE BE IT RESOLVED BY THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute by and on behalf of the City of Lubbock a Release of Lien for a No Interest Deferred Payment Loan to OLA TYLER and her successors, 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 Reso- lution as if fully copied herein in detail. Passed by the City Council this 26th ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT - I s/ H. 0. Alderson H. 0. Alderson, Director Urban Renewal Agency APPROVED AS TO FORM: day of July . 1979. /sf Dirk West DIRK WEST, MAYOR /s/ W. M. McKamie W. M. McKamie, Assistant City Attorney *NOTE: Release of Lien filed with Original Resolution #212. Under the No Interest Deferred Payment Loan (NIDP) Program, an owner receiving such a Rehab Loan is not required to pay the loan off until the property is sold or the owner dies and the estate is probated. Ola Tyler received an NIDP loan in the sum of $6,227 to rehabilitate her home at 908 - 46th Street; Mrs. Tyler's heirs are desirous of selling the property. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to authorize the above release. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38Q417-764 Consider ap2roval of Change Order No. 1 to the contract with Pharr (22) and Pharr EnterRrises for the additions and alterations to Parkway Neighborhood Center. This change order will increase the contract amount of $141,636 by $290 to provide for the installation of a 12' gate on the parking lot at the Parkway Neighborhood Center to provide security to the vans and vehicles left overnight at the Center. The increase cost will not affect the approved budget for the project if the Council will allow the proceeds of the sale of the church pews and baptismal pools to be applied to this additional cost. The sale of the pews and the pools were carried out in the appropriate manner under direction of the Director of Purchasing and in cooperation with the Community Development Office. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to authorize the proceeds from the church pews and baptismal pools be applied to the above referenced cost incurred by the installation of the 12' gate, and to approve the referenced change order. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Council- men Aderton and McAlister voting Yea; none voting Nay. 79-384-417-765 Consider approval of Change Order No. 1 to the contract with Mike (23) Klein General Contractor Inc. for the construction of the Central Fire Station. This change order will increase the approved contract by $1,452 and will make the amended contract $354,272. Ten percent has been retained from the total contract amount and will not be paid until all the aspects of the projects have been completed. There'is currently some question over the subbase failing under the paved parking lot; the final project will not be closed out until this problem is resolved. JU At the Work Session prior to the Regular Session convening, the architect recommended that since the building is occupied and the project has been approved with the exception of the paving, instead of withholding 10% retainage, he recommended $2,000 would be adequate to cover the paving correction. Motion was made by Councilman Aderton, seconded by Councilwoman Jordan to accept the architect's recommendation withholding $2,000 rather than the 10% for correction of the paving problem. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38&418-766 Resolution No. 213 (24) A resolution authorizing the Mayor to file an application and related documents for a Technical Study Grant for FY 1979-80 under Section 9 Provisions of the Urban Mass Transportation Act. RESOLUTION RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; WHEREAS, the contract for financial assistance will impose certain obli- gations upon the applicant, including the provision by it of the local share of project costs; WHEREAS, it is required by the U.S. Department of Transportation in acco' with the provisions of Title VI of the Civil Rights Act of 1964, that in con- nection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as Amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enter- prise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunit• to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services; and WHEREAS, the City Council has determined that it would be in the best interest to authorize the City of Lubbock to participate with the Urban Mass Transportation Administration of the U.S. Department of Transportation in the update and revision of past Transit Studies, and to apply for assist for such study from UMTA; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor is hereby authorized to make application for a Technical Studies Grant from UMTA with the Steering Committee (Metro- politan Planning Organization) of Lubbock Urban Transportation Study, being the designated planning agency; and THAT the Mayor of the City of Lubbock, BE and is hereby authorized and directed to execute an Agreement with the United States of America, acting through the Urban Mass Transportation Administration, in the event the Grant is approved; and THE City of Lubbock does hereby agree to provide matching funds for 11 such Technical Studies which shall be in an amount not to exceed FIVE THOUSAND; DOLLARS ($5,000.00). Such matching funds shall be in cash or in -kind services. UMTA funds will not exceed TWENTY THOUSAND DOLLARS ($20,000.00). SECTION 2. THAT the Mayor is authorized to execute and file with such application an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. SECTION 3. THAT the Mayor is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application or the project. [I] I I 419 r F 79-389419-767 (25) r r r SECTION 4. THAT the Mayor is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. Passed by the City Council this 1979. ATTEST: 26th day of July , /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney /s/ Dirk West DIRK WEST, MAYOR *NOTE: Original documents filed with Original Resolution #213, entitled: UNITED STATES OF AM DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSP TATION ADMINISTRATIgN NOTIFICATION OF GRANT APPROVAL 49 U.S.C. A1607a This grant is to be 80% funded by the Federal Government and 20% by the City, the funds to be used to pay for the planning and monitoring of the Transit System, which is a requirement to stay eligible for funding from UMTA. The City's portion would be in the sum of $5,000; the Federal share is $20,000. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton 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. 214 A resolution authorizing the Mayor to execute an addendum extending the contract between ATC Texas Tech University and the City of Lubbock with regard to the sup2ly of bus service on the Texas Tech Cam us until September 30 1979. DGV:hw RESOLUTION WHEREAS, the City of Lubbock desires to continue its Agreement with American Transit Corporation and Texas Tech University to provide a University bus service for the period August 26, 1979, to September 30, 1979; 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 Addendum to an Agreement between Lubbock Transit Division of American Transit Corporation, Texas Tech University and the City of Lubbock to provide a University bus service through September 30, 1979, attached herewith which shall be spread upon the minutes of this 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 26th day of Jul , 1979. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney /s/ _Dirk West DIRK WEST, MAYOR 4020 tT1L qA-'- 79-389420-768 (26) This Addendum made this 26th day of July , 1979, by and through the Lubbock Transit Division of American Transit Corporation, the Board of Regents of Texas Tech University and the City of Lubbock, Texas. WITNESSETH: WHEREAS, on December 7, 1978, an Agreement was entered into by and between the abovementioned parties, which Agreement provided a University bus service utilizing eight (8) buses during the period August 29, 1978, to August 26, 1979, and; WHEREAS, the parties to said Agreement desire to extend the period of such Agreement to September 30, 1979; NOW THEREFORE, it is hereby agreed that the said Agreement shall contin in full force and effect until September 30, 1979. This Addendum, together with the above mentioned Agreement contain all the agreements of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed in their respective names and behalf by their duly authorized officers and agents this 26th day of July _ , 1979. TEXAS TECH UNIVERSITY: LUBBOCK TRANSIT DIVISION OF AMERICAN TRANSIT CORPORATION: I. /s/ Kenneth W. Thom son Kenneth W. Thompson Vice President for Administration ATTEST: /s/Gail C. Wolfe Secretary APPROVED AS TO FORM: /s/ D. A D. A. Ric' ATTEST: chter er, President /s/A. J. Woolard Secretary CITY OF LUBBOCK: /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Donald G. Vandiver /s/ John L. Wilson Donald G. Vandiver John Wilson, Transit Coordinator First Assistant City Attorney Texas Tech has an agreement with Lubbock Transit Division of the American Transit Corporation to provide bus service to the Texas Tech University, this contract will expire August 26, 1979. To provide a transition for {I bus service on the Tech Campus since the City is changing transit companies in October, 1979, it would be beneficial to extend the present contract between the City, ATC, and Texas Tech University whereby bus service to the University could be provided under the same terms and conditions as the existing contract through the period of September 30, 1979. The rate charged for that service will remain as originally agreed upon. 0 Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said resolution extending the contract period until September 30, 1979. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 215 A resolution acce tin paving improvements constructed by Lubbock Asphalt Products Inc. in Rushland Park Addition 11th Installment (Lots 13-A thru 13-D) . ,--3 412W1 F �1 r RESOLUTION 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 Rushland Park Addition, Lots 13A - 13D, made arrangements with Lubbock Asphalt Products, Inc. for the construction of paving improvements on certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Rushland Park Addition, Lots 13A - 13D including the following street: 7th Street from East lip line of Raleigh Avenue to West lip line of Quaker Avenue known and designated as New Subdivision 2025-94. 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. 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 26TH DAY OF JULY, 1979. 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 79-389421-769 Resolution No. 216 (27) resolution ac Co. in cepring paying d Two Addition /sr Dirk West Dirk West, Mayor is constructed by Kerr Construe RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Ridgewood Two Addition, Lots 1- 126, made arrangements with Kerr 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. Ridgewood Two Addition, Lots 1-126 including the following streets: 21st Street from its intersection with the West Raw Edge of Milwaukee Avenue to its intersection with a line 15.00 feet South of South Property Line of 21st Street at Norwich Avenue known and designated as New Subdivision Sub -Unit Number 75 of Unit Number 2019. 422 22nd Street from its intersection with the East Lip Line of Norwich Avenue to its intersection with the West Property Line of Milwaukee Avenue known and designated as New Subdivision Sub -Unit Number 76 of Unit Number 2019. 22nd Place from its intersection with the East Lip Line of Norwich Avenue to its intersection with the West Property Line of Milwaukee Avenue known and designated as New Subdivision Sub -Unit Number 77 of Unit Number 2019. 23rd Street from its intersection with the East Lip Line of Norwich Avenue to its intersection with the West Raw Edge of Milwaukee Avenue known and designated as New Subdivision Sub -Unit Number 78 of Unit Number 2019. 24th Street from its intersection with the East Lip Line of Norwich Avenue to its intersection with the West Property Line of Milwaukee Avenue known and designated as New Subdivision Sub -Unit Number 79 of Unit Number 2019. 25th Street from its intersection with the East Lip Line of Norwich Avenue to its intersection with the West Property Line of Milwaukee Avenue known and designated as NewSubdivision Sub -Unit Number 80 of Unit Number 2019. North 1/2 of 26th Street from its intersection with a line 607.56 feet West of West Property Line of Milwaukee Avenue to its intersection with the West Lip Line of Milwaukee Avenue known and designated as New Sub -division Sub -Unit Number 81 of Unit Number 2019. Norwich Avenue from its intersection with the North Lip Line of 26th Street to its intersection with a line 15.00 feet South of South Property Line of 21st Street known and designated as New Subdivision Sub -Unit Number 82 of Unit Number 2019. West 1/2 of Milwaukee Avenue (concrete only) from its intersection with a line 7.00 feet North of North Property Line of alley North of 21st Street to its intersection with the centerline of 26th Street known and designated as New Subdivision Sub -Unit Number 83 of Unit Number 2019. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions Of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. THAT the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. THIS resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 26TH DAY OF DULY, 1979. /s/ Dirk West ATTEST: Dirk West, Mayor Gaff Evel a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: s/ John C. boss, City_Aittorn�ey�� r. John C. Ross, Jr., I 7 4A3 F 79-380423-770 (28) Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass Resolutions No. 215 and No. 216 accepting the referenc paving improvements. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7899 to abandon and close the utility easement in the North- closed alley of Block 54 Original Town Addition save and South 60.0 feet. Ordinance no.7899 t ti AN ORDINANCE ABANDONING AND CLOSING A UTILITY EASEMENT LOCATED IN BI ORIGINAL TOWN OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULAF DESCRIBED HEREINAFTER IN THIS ORDINANCE: DIRECTING THE CITY ENGINEEF THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING PROVIDING FOR PUBLICATION. The Avalanche -Journal has requested that the utility easement be cic in the North -South closed alley of Block 54, Original Town Addition. The Avalanche -Journal has agreed to pay the cost of relocating all utilities and these are estimated at $45,000. Their request is for the purpose of expansion. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass Ordinance No. 7899 on first reading, subject to the area being replatted and all costs paid before second reading. Moti carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-389-423-771 Resolution No. 217 (29) A resolution accepting Bid 05382 for sale of land located in Bailey County,Texas and authorize the Mayor to execute a contract for the sale of referenced land. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1 . THAT the surface estate (except water and water rights) to Labors 3, 4, and 5, in League 207, Ochiltree County School Land, situated in Bailey County, Texas was offered for sale by bid procedures by the City of Lubbock pursuant to due notice thereof in accordance with Article 5421 C-12, V.A.C.S., and the highest and best bid received was the bid of H.L. Cain of Lubbock Texas in the amount of $27,080.00, and after consideration thereof, this City Council hereby accepts such bid, and declares same as reasonable and adequate consideration in terms of fair market value return to said City for the type conveyance proposed to be made upon closing of the sale. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a contract of sale on behalf of the City of Lubbock on the form of contract (incorporated as a part of the bid procedure above -described) to be entered into between said City as seller and the said H.L. Cain as Purchaser, a true and correct copy of which contract is attached herewith as a part of this resolution and shall be spread upon the minutes of this City Council. SECTION 3. UPON successful completion of said contract in accordance with its terms, the Mayor is hereby authorized and directed to execute a warranty deed on behalf of said City (as seller) unto the said H.L. Cain (as purchaser), all to be done in accordance with the provisions, limitations, reservations, and restrictions as set forth in said contract of sale. PASSED by the City Council this 26th day of July, 1979. /s/ Dirk West ATTEST: Dirk West, Mayor /s/ Evelyn Gaf£ a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Samuel Wahl Director of Water Utilities APPROVED AS TO FORM: /s/ J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney 404 The City placed for sale 531 acres of land in Bailey County and received only one bid from the adjacent property owner. This property was originally purchased for water rights and we would be selling only the surface. The highest and only bid was from Mr. H. L. Cain in the amount of $27,080; the proceeds will be credited to the Water Bond Fund, less the cost of selling the land. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass Resolution No. 217 accepting Bid #5382 for sale of land in Bailey County. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. *Original Contract filed with Original Resolution No. 79-38L424-772 Ordinance No. 7896 (30) An ordinance amending Chapter 4 Article IV Section 4-18 (f) and (A) regarding impoundment of animals by clarifying the impoundment period for owner -delivered animals. SMT:hw ORDINANCE NO. 7896 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING ART. IV, SECTION 4-18 (f) AND (9) REGARDING IM- POUNDMENT OF ANIMALS, CLARIFYING THE IMPOUNDMENT PERIOD FOR OWNER DELIVERED ANIMALS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 79-3A424-773 Resolution No. 218 (31) A resolution authorizing the Mayor to execute an agreement between the City of Lubbock and the Cit of Wolfforth for the disposal of unclaimed im ounded^animals belongina to the City of Wolfforth, effective after SMT:hw RESOLUTION 217. WHEREAS, the City of Lubbock is desirous of assisting the City of Wolfforth, Texas, in the humane elimination of that city's unclaimed impounded animals; and the City Council of the City of Lubbock finds the sum of 50� per disposed of animal to be a reasonable fee in view of the costs of performing such services; and this agreement being permissible under the Interlocal Cooperation Act, NO 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 between the City of Lubbock and the City of Wolfforth for the disposal of the unclaimed impounded animals of the City of Wolfforth, 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 i copied herein in detail. Passed by the City Council this �26th day of July _— ,, 1979. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Susan M. Tom Susan M. Tom, Asst. City Attorney /s/ Dirk West DIRK WEST, MAYOR AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § Agreement made this 26th day of Jul 19799 by and between the City of Lubbock and the City of Wolfforth. 31 In consideration of the covenants hereinafter set forth, the City of Lubbock agrees to receive and destroy all animals delivered for disposal to the premises hereinafter set forth, by any duly authorized officer or employee of the City of Wolfforth, if said animals are accompanied by an affidavit of ownership signed by the Mayor of the City of Wolfforth. [I] il 11 4�5 r r ;1 The City of Wolfforth agrees to deliver the animals with an affidavit of ownership signed by the Mayor of the City of Wolfforth to the Lubbock Animal Shelter at 401 North Ash, Lubbock, Texas, or other location as may be specified by the City of Lubbock, on any weekday morning prior to the City of Lubbock Animal Shelter's scheduled elimination of animals. In consideration of the above mentioned covenants of the City of Lubbock, the City of Wolfforth agrees to pay to the City of Lubbock the sum of fifty (504) cents per disposed of animal. From current revenues available to it, the City of Wolfforth shall make said payments at the time of delivery to the City of Lubbock. The City of Wolfforth agrees to indemnify and save harmless the City of Lubbock from and against all claims, suits, damages, costs, losses and expenses in any manner resulting from, arising out of, or connected with performance of this agreement. All claims and complaints shall be directed to the City of Wolfforth and the City of Lubbock shall be in no manner liable for performance in connection with this agreement. This agreement may be renewed on a yearly basis as of the date first above written, in conformance with the terms and conditions to be agreed upon by the parties. IN WITNESS WHEREOF, the City of Lubbock and the City of Wolfforth have executed this agreement as of the date first above written. Executed this 26th day of July , 1979. CITY OF WOLFFORTH: /s/ F. M. Jack MAYOR ATTEST: City Secretary CITY OF LUBBOCK: /s/ Dirk West Dirk West, MAYOR ATTEST: /s / _ Evelyn Gaf f ga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Denzel Percifull by _Peter Huckolls Denzel Percifull Director of Public Services APPROVED AS TO FORM: /s/ Susan M. Tom Susan M. Tom, Assistant City Attorney Both of these items relate to a proposed agreement between the City of Lubbock and the City of Wolfforth for the disposal of unclaimed, impounded animals belonging to the City of Wolfforth. The proposed ordinance needs to be approved so that there will be no misunderstanding that the City of Lubbock would not be required to impound unlicensed dogs, if the animal is delivered to the Animal Shelter by its owner. Thus, all animals delivered to the City of Lubbock by the City of Wolfforth will be owned by the City of Wolfforth and they will then have the authority to direct us to dispose these animals. The agreement referenced in Resolution No. 218 as proposed conforms with the Inter -local Cooperation Act, which permits contract and agree- ments to be entered into between local governments for the purpose of governmental functions and services which both parties are authorized to perform, and which the governing bodies of both have approved. The City of Lubbock is authorized to dispose of animals in Sections 4-18 (9) of the Code. The City of Wolfforth is authorized to do the same by Ordinance No. 69 of the City of Wolfforth. Since the City of Wolfforth will be determined as the owners of the animals delivered to the City of Lubbock Animal Shelter, they will be required to provide a signed statement of ownership upon delivery and one which authorizes the disposal of the animals. Any complaints regarding animals from Wolfforth residents will be referred to the City Officials and not handled by the City of Lubbock personnel. We deal with City of Wolfforth's City Officials only. A fee of 50j will cover the cost of disposal of each animal. Motion was made by Councilman Aderton, seconded by Councilwoman Jordan to pass Ordinance No. 7896 on first reading and to pass Resolution No. 218 authorizing the agreement with the City of Wolfforth. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Council- men Aderton and McAlister voting Yea; none voting Nay. 412:0S 79-38L426-774 Consider accepting modifications to Municipal Water Treatment _Plant (32) and authorizing final payment to the contractor. Final acceptance of the modification to the plant was delayed because of some equipment problems. The contractor has corrected these problems and final acceptance is recommended. The original contract was in the amount of $319,870; the final cost of the project was $299,844; the final payment is in the amount of $14,992. The project is funded from Community Development Funds. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to accept the referenced modification and authorize final payment. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38L426-775 Consider accepting the construction of Well Collector Lines for Wells (33) 202 through 206 in Sandhills Well field and authorizing final payment to the contractor. Western Ag Sales constructed these well collector lines and the contract was in the sum of $63,399.15; the final cost is $64,210.75; the final payment is in the amount of $7,298.54. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to accept the above improvements. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38426-776 Consider accepting sewer line for Lubbock Industrial Park Addition and (34) authorizing final payment to the contractor. Panhandle Construction Company constructed the sewer line and the contract was in the amount of $24,341.30; the final cost is $24,032.22; the final payment is in the amount of $2,403.22. The project was funded from Sewer Pro Rata Funds. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to accept the above improvements. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38L426-777 Resolution No. 219 (35) A resolution authorizing the Mayor to execute a Debt Collection A reement with National Revenue Corporation. DWR:cl RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and directed to execute for and on behalf of the City Agreement between the City of Lubbock and National herewith which shall be spread upon the minutes of upon the minutes of this Council shall constitute as if fully copied herein in detail. is hereby authorized and of Lubbock a Debt Collection Revenue Corporation attache the Council and as spread and be a part of this Resolut Passed by the City Council this 26th day of July -- ,1979. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Leona Maxwell Leona Maxwell, Utility Office Manager APPROVED AS TO FORM: /s/ David W. Reagan David W. Reagan, Assistant City Attorney /s/ Dirk West DIRK WEST, MAYOR :ion [I] F1 Ii 4417 r F F F DEBT COLLECTION AGREEMENT Between THE CITY OF LUBBOCK and NATIONAL REVENUE CORPORATION This Agreement entered into this 26th day of July ,1979, between the City of Lubbock, a home rule municipal corporation, hereinafter called "City," and National Revenue Corporation, with offices located at 2323 Lake Club Drive, in the city of Columbus, Ohio, hereinafter called "Corporation." Witnesseth: 1. Whereas, the City, in providing utility services to certain of its customers, has incurred certain delinquent and overdue debts, obligations, and accounts to pay money arising out of transactions in which the City has provided utility services. 2. Whereas, the Corporation is a foreign corporation to the State of Texas and is authorized to do business in the State of Texas. 3. Whereas, the Corporation is professional and exceptionally knowledgeable in collection techniques of delinquent accounts. 4. Whereas, the City desires to contract with the Corporation to provide a collection service to the City on certain of its delinquent and overdue debts, obligations and accounts to pay money for utility services provided to certain of its customers by the City. Now Therefore, the City and the Corporation do hereby mutually agree as follows: I. A. The Corporation agrees to provide collection services for delinquent and overdue accounts which the City has incurred in providing utility services and has submitted to the Corporation for collection. It is understood and hereby agreed the Corporation will collect delinquent accounts at the following fees or prices for every 100 accounts submitted: $ 0 - $ 50 $ 6.25 per account $ 51 - $100 $ 12.50 per account $101 - $200 $ 18.75 per account $201 - $400 $ 37.50 per account $401 - $800 $ 75.00 per account $801 or more $150.00 per account B. Should any one delinquent account submitted to the Corporation by the City remain uncollected after 70 days after the Corporation has received such delinquent account, the City may replace such delinquent account with another delinquent account without any additional charge, unless skip tracing is involved, in which case the 70 days is increased by the time needed to trace. C. The Corporation will never charge any percentage charges on accounts submitted, but rather all charges are to be made according to the terms set out above, unless City chooses to involve attorneys. D. The Corporation agrees to give written notice to the City of any fee of price changes at least thirty (30) days prior to the effective date of such fee or price change. Any accounts sub- mitted prior to such effective date will not be subject to the said fee or price change. II. It is understood and agreed that all payments made by the debtors on such delinquent and overdue accounts are to be made directly to the City from the debtors and not to the Corporation. Should any payments be inadvertently paid to the Corporation by the debtors, such payments are to be immediately paid over to the City. All accounts uncollected after 70 days from the time they are submitted to the Corporation are to be returned and the City may replace such accounts with other accounts according to the pro- visions of paragraph I, item B. It IV . The Corporation will not arrange for attorney action to be taken on any accounts submitted to the Corporation by the City, l without the prior written consent of City. V. It is understood and agreed that any collection practices of the Corporation on any accounts submitted to it by the City will be strictly in accordance with the Fair Debt Collection Practices Act, 15 U.S.C. §§1692-1692o (Supp. 1979). VI. The 70 day period which this Agreement provides for the col- lection of delinquent and overdue accounts submitted to the Cor- poration by the City, may be extended for a period of 20 days by notice in writing by the Corporation delivered to and received by the City before the end of the original 70 day period. Extensions shall be upon the same terms and conditions as the original 70 day period, in accordance with paragraph I, item B. Pies A. The Corporation agrees to indemnify and save harmless the City from and against all adjudicated claims, suits, damages, costs, and expenses in any manner resulting from, arising out of, or connected with the collection practices of the Corporation or its employees, for any and all liabilities and obligations incurred due to the negligence of the Corporation, its employees, officers, agents, sub -contractors, or agencies, or the negligent acts or omissions, breaches of contract of the Corporation or its employees, officers, agents, sub -contractors or agencies. B. The Corporation shall not be liable under any part of this Agreement upon a showing that the City or the City's representatives failed to provide correct information in transmitting the delin- quent and overdue accounts. VIII. If the Corporation shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if the Corporation shall violate any of the covenants, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this contract by giving written notice to the Corporation of such termination and specifying the effective date thereof at least 5 days before the effective date of such termination. IX. This Agreement may be terminated by either party without cause upon 30 days prior written notice to the other party. X. The Corporation shall not assign, sell, or transfer any interest in this contract or in any accounts submitted by the City without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to the Cor- poration under this Agreement may be assigned to a bank, trust company, or other financial institution or to a trustee in bank- ruptcy without such approval. Notice of any such assignment or transfer for such claims for money due or to become due as last set out above shall be furnished to the City immediately. XI. A. The Corporation agrees to the money -back guarantee as comprising Exhibit A which is annexed to and a part of this contract, as applicable to paragraph I, item A. B. This Agreement contains the entire agreement of the parties; and no representations, inducements, or other covenants between the parties not included herein shall be of any force or effect. C. In Witness Whereof, the City and the Corporation have executed this Agreement as of the first day above written. CITY OF LUBBOCK ATTEST: s Dirk West DIRK WEST, MAYOR s i a U Evelyn Gat a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: APPROVED AS TO FORM: /1 Davi ri W Reagan ryg F r F F The_Debt Collection Agreement is with National Revenue Corporation and the City for collection of delinquent utility accounts. This agreemen. provides NRC to act as a collecting agent for Lubbock Power and Light and Water. The net result would be a reduction in charge off of uncollectible bills. All accounts assigned to NRC for collection will be at least 90 days delinquent, and will have been processed with a series of notices and collection actions by the Utility Department. The agreement can be terminated by either party with 30 days notice. Councilman McAlister indicated that he had a relative associated with the National Revenue Corporation, and wanted the record to reflect that the agreement is with the Corporation, and not with his relative. 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. 79-389429-778 Resolution No. 220 (36) A resolution authorizing the Mayor to execute an Electric Service Agreement with non-commercial wind -energy electrical generating custom( RE g0T.TTT TnW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Director of Utilities Sales and Service of the City of LlivuVc& nZ and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Electric Service Agreement to provide auxiliary power for the operator of a non-commercial wind energy electrical generating system, 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 26th ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: day of Jul , 1979. /s/ Alan Henry. _ MAYOR PRO TEM ALAN HENRY /s/ Carroll McDonald Carroll McDonald, Director of Utilities Sales and service APPROVED AS TO FORM: /s/ Susan M. Tom Susan M. Tom, Assistant City Attorney NOTE: Agreement filed with original Resolution 220. Mayor Pro Tem Henry presiding. Approval of this item will allow the Director of Electric Sales and Service to execute contracts with non-commercial customers who wish to operate wind -energy electrical -generating systems. Such an agree- ment is necessary to protect LP&L. Provisions in the agreement reflect the customer will have the sole responsibility to maintain the wind system so as to guarantee the operation of the specific safety features which prevent energy from being delivered to the LP&L System during a power failure, and those safety features are necessary to isolate the wind system from LP&L's System in the event of an electrical malfunction of the wind system. LP&L will have the right to enter the customer's property for the purpose of inspecting or servicing the facilities and making additional tests to insure continued safe operation. Mr. Carroll McDonald, Director of Electric Sales and Service, indicates they have one customer at this time desiring to install a wind -energy generator, and the proposed agreement is a preventive measure for future problems. 430 79-38L430-779 (37) 79-30-430-780 (41) Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor Pro Tem Henry, Council- woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. Resolution No. 221 A resolution authorizing the Mayor to execute a lease agreement DOT-FA79SW-1177 for the outer marker plot acquired for use by the FAA. 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 Lease between the City of Lubbock and the Department of Transportation F.A.A., for Lease No. DOT-FA79SW-1177 for the Outer Marker plot the City of Lubbock acquired for use by the F.A.A., 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 26th day of JulX ,1979. /s/ _Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney On May 24, 1979, the City Council approved a resolution to acquire the rights to a site for the outer marker facility in connection with the instrument runway. The City now needs to execute a lease agreement with the FAA for the purpose of operating and servicing this facility. 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. The Regular Session of the City Council was recessed at 11:47 a.m. t for an Executive Session, to reconvene at 1:00 p.m. Receive report from City Staff on petitions presented to the City Council on July 12 1979 and consider a2propriate action. Mayor West reported the following results had been submitted by the City Secretary with respect to the three petitions presented to the Council on July 12, 1979, to -wit: "Pursuant to Article 1170, V.A.T.S., "...upon receiving a {� petition signed by qualified voters in such city, town or Political subdivision in number not less than five percent (5%) thereof or 20,000 signatures, whichever is less, submit any proposed amendment or amendments to such charter," the Office of the Secretary of State rules that 5% of the total number of qualified voters on record on the day that the petition is submitted to the governing body is the formula used. I 1 0 4:31 F F r F According to the Lubbock County Tax Assessor --Collector Frank Stuart, the total number of qualified voters as of July 12, 1979, the day the petitions were submitted, is 62,253, 5% of which would be 3,113. PETITION ONE (1) PROPOSAL TO AMEND ARTICLE V OF THE CHARTER OF THE CITY OF LUBBOCK BY ADDING SECTION 5 THERETO TITLED "LIMITATION OF TAX LEVY". Total number of signatures appearing 5,158 on petition Total number of valid signatures 3,744 PETITION TWO (2) PROPOSAL TO AMEND ARTICLE V OF THE CHARTER OF THE CITY OF LUBBOCK BY ADDING SECTION 6 THERETO TITLED "LIMITATION ON ASSESSED VALUATION". Total number of signatures appearing 5,081 on petition Total number of valid signatures 3,721 PETITION THREE (3) PROPOSAL TO AMEND ARTICLE V OF THE CHARTER OF THE CITY OF LUBBOCK BY ADDING SECTION 7 THERETO TITLED "APPROVAL BY VOTERS OF TAX INCREASE". Total number of signatures appearing 5,089 on petition Total number of valid signatures 3,723" Mayor West asked the City Attorney for his report and recommendation. City Attorney John Ross, reported that these petitions were in circulation prior to the passage of new State Legislation, i.e. the Peveto Bill, and all three petitions were in conflict with the State Law; that the Charter of a Home Rule Municipality cannot enforce laws that are in conflict with the State Constitution or the State Statutes. There- fore he recommended to the Council not to call an election at this time, to withhold action on these items until the Council's legal duties have been clarified by a court of competent jurisdiction, and requests authorization for the Legal Department, on behalf of the Council and on behalf of those citizens who did not sign the petition, to file a class action Motion for Declaratory Judgment. Only in this way can the final determination of this matter be brought about and the issues involved laid to rest. Discussion then ensued with respect to the meaning of the petitions as captioned above, the possibility of their enforcement resulting in illegal assessment tax rolls which would be subject to litigation, and the better course of action would be to receive from a district court the appropriate clarification with respect to these issues. Councilwoman Jordan queried whether or not the petitions, as captioned, could be revised in some way, to which the City Attorney responded that they were not authorized to offer these amendments as stated or revised amendments, as in either case the issues would be in conflict with the Constitution. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister that the City Council at this time not call the election requested in the petitions until its legal duties have been finally determined by a court of competent jurisdiction; and, that the City Attorney is hereby authorized to file as soon as possible a class action petition for declaratory judgment to have the City Council's duties determined in reference to Petitions presented to it on July 12, 1979, which Petitions call for an election to amend the Charter of the City of Lubbock. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (Cause No. 95,710, 140th District Court styled: CITY OF LUBBOCK vs. W. D. MILLER, D. L. YOUNG, STEPHEN M. SWINT, WILLIAM E. SPAIN, SHERI PORTER, CATHERINE OVERSTREET, JANICE KIMBLEY, ROBERT D. GREEN, CARROLL F. GARNER, DANIEL J. FAULKNER INDIVIDUALLY AND AS REPRESENTATIVES OF THE SIGNERS OF PETITIONS FOR CHARTER AMENDMENTS, filed July 26, 1979, is on file in the Office of the City Secretary.) 432 79-38�-432-781 (38) 79-384-432-782 (39) Resolution No. 222 A resolution approving the official notice of sale, official bid forms, and official statements in connection with sale of $8,820,000 City of Lubbock General Obligation Bonds Series 1979. RF.gnTJTTTf N WHEREAS, The City Council of the City of Lubbock, Texas desires to receive bids for the purchase of its $8,820,000 General Obligation Bonds, Series 1979; and whereas, First Southwest Company, Dallas, Texas, has been authorized and requested to prepare a Notice of Sale and Bidding Instructions, Of- ficial Bid Form and Official Statement containing financial, economic and other data necessary and desirable to attract bids for said bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,TEXAS: That the attached Notice of Sale and Bidding Instructions, Official Bid Form and Official Statement relative to $8,820,000 City of Lubbock, Texas General Obligation Bonds, series 1979, are hereby approved, both as to form and content, and said First Southwest Company is authorized to distribute said Notice of Sale and Bidding Instructions, official Bid Form and Official Statement to prospective bidders for, and purchasers of, the bonds. PASSED AND APPROVED this the 26th day of July, 1979, by the City Council of the City of Lubbock, Texas, convened in _Regular session with a lawful quorum present. /s/ Dirk West Mayor ATTESTC /s/ Evelyn Gaff a City Secretary APPROVED AS TO FORM: /s/ John C. Ross Jr. John C. Ross, Jr., City Attorney Appearing: Mr. Joe W. Smith for Southwest Company Mayor Pro Tem Alan Henry read into the record the resolution authorizing the official notice of sale, the official bid forms, and the official statements with respect to the 1979 Series, General Obligation Bonds. Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to pass Resolution No. 222, referenced above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7897 An ordinance authorizing the issuance of $8,820,000 City of Lubbock G. 0. Bonds Series 1979. ORDINANCE NO. 7897 AN ORDINANCE by the City Council of the City of Lubbock, Texas, authorizing the issuance of $8,820,000 "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1979," dated August 1, 1979, for the purpose of making permanent public improvements, to wit: $6,143,000 for constructing improvements and exten- sions to the City's waterworks system; $730,000 for constructing improvements in and for said City, including sanitary sewer system; $1,525,000 for constructing street improvements in and for said City, including lighting and signalization; and $422,000 for construct- ing, improving and equipping fire station buildings in and for said City and the purchase of necessary sites therefor; prescribing the form of the bonds and the form 11i 0 433 F r F F of the interest coupons; levying a continuing direct annual ad valorem tax on all taxable property within the limits of said City to pay the interest on said bonds and to create a sinking fund for the redemption thereof and providing for the assessment and collection of such taxes; enacting provisions incident and relating to the subject and purpose of this ordinance; and declaring an emergency and providing an effective date." WHEREAS, pursuant to an election held in the City of Lubbock, Texas, on the 21st day of May, 1977, this City Council became authorized and em- powered to issue general obligation bonds of the City to mature serially over a period of years not to exceed forty (40) years from their date, for the purpose of making permanent public improvements, to wit: $16,775,000 for constructing improvements and extensions to the City's waterworks system; 3,303,000 for constructing improvements and extensions to the City's sanitary sewer system; 4,782,000 for constructing street improvements in and for said City, including lighting and signalization; 473,000 for constructing, enlarging, extending and install- ing storm sewers, drains and gutters and other improvements incidental thereto, including the acquisition of land for drainage purposes and drainage area modifications; 792,000 for constructing, improving and equipping fire sta- tion buildings in and for said City and the purchase of necessary sites therefor; 310,000 for constructing, improving and equipping fire sta- tion buildings in areas presently adjoining the City and the purchase of necessary sites therefor (at such time as the areas are annexed to the City); AND WHEREAS this City Council now deems it advisable and to the best interest of the City that of the bonds voted at the election held May 21, 1977, the following should now be issued, all as reflected by the following table: AMOUNT AMOUNT AMOUNT PREVIOUSLY BEING UNISSUED PURPOSE AUTHORIZED ISSUED ISSUED BALANCE WW Imp & Ext $16,775,000 $ 400,000 $6,143,000 $10,232,000 SSS Imp & Ext 3,303,000 500,000 730,000 2,073,000 St Imp, Lighting & Signalization 4,782,000 1,050,000 1,525,000 2,207,000 Storm Sewer & Drainage 473,000 100,000 -0- 373,000 Fire Sta Bldgs & Sites 792,000 370,000 422,000 --0- Fire Sta Bldgs & Sites (Areas when annexed) 310,000 -0- -0- 310,000 AND WHEREAS the.City Council, has found and hereby declares that there is an urgent public necessity that it proceed with the issuance of such bonds for the purpose of conducting the program of improvements to which the bonds relate at the earliest possible date and this ordinance constitutes an emergency measure for the immediate preservation of the public peace, property, health and safety of the City and its inhabitants; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 14: The public importance of this measure and the fact that it is to the best interest of the City of Lubbock to provide funds for the purpose of conducting the program of improvements to which the bonds herein authorized relate at the earliest possible date for the immediate preservation of the public peace, property, health and safety of the citizens of said City constitute and create an emergency and an urgent public necessity requiring that this ordinance be passed as an emergency measure and this ordinance is accordingly passed as an emergency measure and shall take effect and be in force immediately from and after its passage, and it is so ordained. PASSED AND APPROVED, this the 26th day of July, 1979. ATTEST: /s/ Dirk West Mayor, City of Lubbock, Texas /s/ Evelyn Gaffga City Secretary, City of Lubbock, Texas (City Seal) 4134 79-381434-783 (40) 79-38434-784 (42) Following the presentation of Mr. Joe Smith with respect to this item, during which it was established that the interest rate for this Series would be at 5.75%, the motion was made by Councilman Aderton, seconded by Councilwoman Jordan that the proposed ordinance be considered as an emergency measure in accordance with Art. 9, Sec. 16, 17 and 18 of the Charter for the City of Lubbock. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. There being no further discussion, the motion was made by Councilman Aderton, seconded by Councilwoman Jordan to pass Ordinance No. 7897 on first reading as an emergency measure. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 223 A resolution authorizing the City to intervene in the Southwestern Bell Telephone case. DGV:cl RESOLUTION WHEREAS, Southwestern Bell Telephone Company has filed a petition to increase the rates charged by that company and such rate increase is being opposed by ,the Texas Municipal League; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Attorney is instructed to intervene in that case through the Texas Municipal League on behalf of the City of Lubbock and to assist the Texas Municipal League as required. i Passed by City Council this 26th day of July ,1979. i /sLDirk West DIRK WEST, MAYOR -'- - ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney The Council authorized the City to participate with other Texas cities and the Texas Municipal League in an intervention suit in the South- western Bell Telephone rate increase case. TML has requested that each city participating pass a resolution which they can then use to submit to the PUC listing the cities that are a part of the rate case. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass Resolution No. 223. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 224 Consider Bid #5409 for surfacing volleyball, basketball and tennis courts and authorize same. (Parks & Recreation 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 between the City of Lubbock and Arrtco Tennis Systems, a single proprietorship for 11!! surfacing of tennis courts, volleyball courts and basketball courts for the i! 435 r F 79-39' 435-785 (43) 79-38'-435-786 (44) 79-38'1435-787 (45) 79-38435-788 (48) 79-3& 435-789 (49) 79-38- 435-790 (46) sum of $46,363.50 as per specifications in City of Lubbock Bid No. 5409, 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 26th day of July .. ,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Lawrence Banks Lawrence Banks, Adm. Asst., Community Facilities APPROVED AS TO FORM: /s/ Leon G. Bean *NOTE: Original Contract filed with Leon G. Bean, Assistant City Attorney Original Resolution #224. Low Bidder Arrtco Tennis Systems, Inc., Lubbock Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to approve Bid No. 5409 and to pass said resolution authorizing referenced contract. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Council- woman Jordan absent from Council Chambers. Bid No. 5402 for one 76' trim mower (Parks & Recreation Dept.) Low Bidder Chance's Lawn & Leisure, Lubbock Bid No. 5404 for draperies for various community centers (Parks & Recreation Dept.). Low Bidder Custom Draperies, Lubbock Bid No. 5408 for caustic liquid soda (Electric Distribution). Low Bidder Stauffer Chemical Company, Houston Bid No. 5334 for test equipment (Radio Shop). Low Bidder . Hewlett-Packard, Richardson, Texas Bid No. 5417 for envelopes (Utility Collections) Items 1 and 2 Dixon Paper Company, Lubbock Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to approve the above referenced bids. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent from Council Chambers. Resolution No. 225 Consider Bid #5413 for water suppix and distribution mains and authorize same (Engineering Dept.). RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for Bid No. 5413 for the 82nd Street Water Supply and Distribution Mains, attached I 436 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 26th ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ J. Worth Fullin im J. Worth Fullingim, Asst. City Attorney Low Bid 79-38L436-791 Ordinance No. 7898 (47) day of _ _ July _ _ , 1979. /s/ Dirk West DIRK WEST, MAYOR *NOTE: Original documents filed with Original Resolution #225, entitled, SPECIFICATIONS AND CONTRACT 60CUMENTS WATER DISTRIBUTION MAINS 82ND STREET WATER SUPPLY AND DISTRIBUTION MAIN UNIVERSITY AVENUE TO QUAKER AVENUE. Panhandle Construction Company, Lubbock Ana ro riation ordinance from Water Capital Project Fund for construction of 82nd Street water line (Bid #5413 above). FORM L-2 ORDINANCE NO. 7898 AN APPROPRIATION ORDINANCE WHEREAS,. the City Council of the City of Lubbock finds it is necessary to appropriate certain funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to --wit: Water Capital Project Fund The sum $525,206.00 For the following purpose: Construct 24 inch and 36 inch water supply 2nd distribution main from 82nd Street and University Avenue to 82nd Street and Quaker Avenue. Bid Price $477,837.00 Paving resurface $ 17,640.00 Engineering & Contengences $ 29,729.00 $525,206.00 AND IT IS SO ORDERED Passed by the Council on first reading this 26th day of July ,1979 Passed by the Council on second reading this day of 197. ATTEST: CITY SECRETARY-TREAS. APPROVED AS TO FORM: VERIFIED BY: FINANCE OFFICER APPROVED BY: HEAD OF DEPT. MAYOR DEPT. 0 11 John C. Ross, Jr., City Attorney L L The ordinance is in the amount of $525,206 to be appropriated as follows: Contract Cost $477,837 Engineering 29,729 Pavement Resurfacing 17,460 The Engineering Department was unable to locate the pipeline behind the curb as originally planned because the area is presently occupied by other utilities. The line will be located in the turning lane to minimize damage to the pavement. Motion was made by Councilman McAlister, seconded by Councilman Aderton to approve Bid No. 5413, referenced above, approve Resolution No. 225 authorizing referenced bid, and pass Ordinance No. 7898 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Council- men Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent from Council Chambers. 79-38A4:37-792 One appointment to the LUBBOCK (50) John Kreiger, reappointed 5/24 LIC TRANSIT ADVISORY BOARD. M has declined the rea Morris E. Wilkes 3402 53rd Street 79413 (797-3814) Bus: KLLL - 1314 50th Street (763-1911) Term: 7/26/79 - 6/24/82 (3 years) 79-384-437-793 One_appoin (52) term of Mu ointment. nt to the HUMAN RELATIONS COMMISSION to fill the Pep2ers, who has resigned; this term expires 5/25/81. Ms. Patsy Pritchett 4912 Belmont Apt. 4-C (793-0623) Bus: SW Bell Telephone Term: 7/26/79 - 5/25/81 to fill the unexpired term of Murry Peppers r Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve the above referenced appointments as indicated. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38�-437-794 Five a2pointments to the LUBBOCK CIVIC CENTERS BOARD. The terms (51) of AZ Couch Allen Rosen Matthew Malouf, Dub Malaise and Kenneth F. Horne expire 8/1/79. The Lubbock Civic Centers Board presently consists of 15 members. Discussion ensued as to the pros and cons of the effectiveness of such a large number of board members, some being of the opinion it should be reduced to 11. Following all discussion it was by consensus that the Legal Department prepare a proposed ordinance to change the size of the Civic Centers Board. Councilman McAlister requested that the Charter of the Civic Lubbock, Inc. be reviewed to insure compliance with its provisions. This matter will be considered again on August 9, 1979 Regular Session. There being no further business, the motion was made by Councilman Aderton, seconded by Councilwoman Jordan to adjourn. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. CITY SECRETARY-- REASU READ AND APPROVED THIS THE 9th DAY OF August 1979. ATTEST: - - - �rr.riil�