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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/9/19794:18 AUG 9 1979 REGULAR CITY COUNCIL MEETING August 9, 1979 The City Council of the City of Lubbock, Texas, met for its regular meeting on Thursday, August 9, 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 79-38L438-795 The invocation was given by Fire Chief Tom Foster. ( 1) 79-38iL438-796 The Pledge of Allegiance to the Flag was given in unison by those present ( 2) in the Council Chambers. 79-38i438-797 Approval of Minutes - Regular Meeting, July 261979 ( 3) Motion was made by Councilman Aderton, seconded by Councilman McAlister to approve the referenced minutes. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79--38L438-798 Citizen Appearances Board Appointments Morris Wilkes Lubbock Public Transit Advisory Board Proclamations "Texas Public Employees Week" - August 12-18, 1979 Receiving: James W. King John Patrick Airman of the Month Airman Basic Carmen I. Jalocha - Month of July, 1979 Special Appearance Hideaki Sugai, a Japanese exchange student at Texas Tech University, appeared to make a presentation to the Mayor. 79-38L438-799 _Mr. Russell Bean, Chairman of the Water Resources Board, to appear ( 5) to present recommendations regarding future water su22lX. Appearance: Mr. Russell Bean, Chairman, Water Resources Board The Water Resources Board met on July 23, 1979, and by consensus, made the following recommendations to the Council: 1. The Water Resources Board recommends that the City of Lubbock proceed with the Post-Justiceburg supply source project and request the Council's full support. 2. The Board has adopted the timetable set forth in the Freese and Nichols Report, and highly recommends that this timetable also be adopted by the City Council. 3. The Board also recommmends that a financial study group be formed from the Board members to make a complete study to determine the best method to finance the Post- Justiceburg Project, and submit these recommendations to the City Council. 4. It is recommended by the Board that the Lubbock County cities, and those cities who have requested water from White River Municipal Water District, be offered on a one -time -only and on a true -cost basis, the opportunity to share in 12%, but not to exceed 4,000,000 gallons per day, provided this arrangement does not have an adverse effect on the City of Lubbock's bond rating. 413,c is W 4W 5. The matter of funding the $16,000,000 needed to expand and develop existing sources, the Board recommends to the City Council that, rather than activating the Citizens Advisory Committee which normally studies projects to be included in bond elections, that the Water Resources Board act as the CAC, and also the Finance Committee, in further studying the needs and financing for another bond election. These funds will be necessary to ensure adequate water supply prior to the development of the Post-Justiceburg 3rd water supply source. Mr. Bean indicated that the Board is willing to assume these additional responsibilities as reflected in items 3 and 5, above. Mayor Pro Tem Henry queried whether or not the Board felt they had sufficient participating members to provide the broad base of varied backgrounds for the above responsibilities, to which Mr. Bean indicated that the Board felt they were sufficiently represented, but in the alternative, they would let the Council know if they needed additional participants. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to accept -the recommendations of the Water Resources Board as presented. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38A439-800 Representatives of the Human Relations Commission to appear to Rresent ( 6`v the following recommendations: 1. Amend the public accommodation ordinance --DELETED; 2. Revise methods of appointing members of the Board of City Development --DELETED; 3. Rename Quirt Avenue Appearances: Mr. Theron Cole, Chairman, Human Relations Commission Mr. Harold Chatman Upon the recommendation of the Advisory Committee of the Human Relations Commission, the Commission recommends that Quirt Avenue be renamed Martin Luther King Boulevard, in honor of the Dr. Martin Luther King, Jr. Mr. Cole appeared before the Council in Work Session at 9:00 a.m. to answer any questions they might have regarding this recommendation; that the recommendation would improve and promote harmonious relations in the community; that Dr. King was a champion of human rights through cooperation and nonviolent methods; that Quirt Avenue is a North -South thoroughfare in East Lubbock and is the main artery to the Lubbock Regional International Airport, and such a major thoroughfare renamed for Dr. King would be a source of great pride to the Black citizens of East Lubbock. Mr. Chatman indicated that Black Americans need symbolism to enhance the pride in their community, and an approval of such a recommendation would provide this feeling of pride in the East Lubbock area. The City Staff has determined that it would require approximately $7,000 to replace the street name signs and to change the City maps. There is also a question as to the effect a name change would have on legal documents referring to Quirt Avenue. Additionally, there was concern expressed by members of the Council as to the precendents established by naming streets in honor of individuals whether they be of local or national significance. In 1949 an ordinance was passed establishing the method by which streets were named throughout the City, stating all North -South streets east of Avenue A should be named after trees and shrubs. An alternate solution would be naming the recreational area at one of the Canyon Lakes in honor of Dr. King. Mr. Cole suggested, in response, that possibly a public hearing be held to ascertain citizen input. Mayor West indicated that that would be a sound suggestion, and it would allow time for research by the Legal Department and additional research of estimated cost by the Planning Department. A date and time of a proposed hearing was not established allowing the respective departments adequate time to secure their information. At 10:04 a.m. Mayor Dirk West announced that an Executive Session would be held for the purpose of considering personnel matters. This Session is in accordance with Sec. 2-f, Art. 6252-17, V.A.T.S. d 79-38"-440--801 Mr. Jack Hatchell, a representative of Finnell, Anderson, Wilshire and ( 7) Associates to appear to present a report on the Lubbock Traffic Engineering_ Survey. 79-39440-802 ( 8) Appearance: Mr. Jack Hatchell, representative of Pinnell, Anderson, Wilshire and Associates Mr. Hatchell made a lengthy presentation as to the findings, conclusions and .recommendations of the referenced study, and "an executive summation" being on file in the Office of the City Secretary. The five major elements of the transportation system as presented by Mr. Hatchell are: 1. Traffic signal system timing for the three interconnected traffic signal systems; 2. Evaluation of the traffic detectors which provide data to the master traffic signal controllers to select proper timing based on existing traffic volumes; 3. An evaluation of the traffic volume capacity at twelve major intersections based on street widths, signal timing, etc.; 4. An analysis of continued operation of traffic signals at 28 existing signalized intersections based on the Texas Manual On Uniform Traffic Control Devices; 5. Evaluation of one-way traffic flow on 15th and 16th Streets in the South Overton area. Briefly, with respect to No. 1 above, Mr. Hatchell indicated that there could be improved synchronization of traffic signals in the downtown area, while at the same time indicating that there possibly were too many signals in the downtown area which compounded the congestion at peak periods. With respect to No. 2 above, it was found that the traffic detectors which provide traffic volume input to the control systems are properly located throughout the systems and continue to provide the volume data necessary for the selection of the timing patterns. With respect to No. 3 above, based on twelve major intersections that were studied, the recommended improvements ranged from simple signal timing changes to upgrade separation at 50th and Quaker. it must be noted that many of these recommendations are based on projected traffic volume to 1990. With respect to No. 4 above, the study recommended that of the 28 signalized intersections analyzed, 26 of these intersections did not warrant a traffic signal, and recommended a more detailed study. With respect to No. 5 above, the study recommended that 15th and 16th Streets be returned to two-way traffic flow which would enhance the resident al development in the South Overton area; that their analysis reflected that traffic volume did not warrant these one-way streets. Mr. Hatchell indicated they were doing some additional work in the field with respect to the timing, and this was anticipated to be completed within two weeks. Mr. Hatchell also recommended an intensive educational program to promote citizen awareness which would aid in the traffic flow in the congested areas at peak periods. Discussion also reflected that the solution to Lubbock's increasing traffic congestion was the approval and implementation of a freeway system; that all interim measures would merely be "patch work". The improvements as recommended would constitute a one -to -five year program at an estimated cost of 1.6 million dollars to 2.3 million dollars. Ordinance No. 7898 An ap2ro2riation ordinance from Water Capital Project Fund for consideration of 82nd Street water line (Bid #5413). i 44 W 6W in i 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, towit: 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 9th day of Au ust ,1979. /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga CITY SECRETARY-TREAS. VERIFIED BY: /s/ Sterling K. Miller FINANCE OFFICER APPROVED BY: /s_/Wilf_ord D. Watson Eng. HEAD OF DEPT. DEPT. APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 79-389-441-803 Ordinance No. 7892 (Zone Case No. 2237) ( 9) Request of the City of Lubbock to change Block 232. Original Town Addition, City of Lubbock, Lubbock County, Texas, from M-1 to M-1 (HD) Zoning District (located at 1801 Avenue G), subject to the following conditions: (a) to uphold the Urban Design Commission's recommendation to designate the building as a landmark and all of Block 232 as a historical district; (b) that all new buildings shall be architecturall compatible with the landmark. LGB:hw ORDINANCE NO. 7892 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. 2237; CHANGE ALL OF BLOCK 232, ORIGINAL TOWN, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM M-1 TO M-1(DH) 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. 79-380-441-804 Ordinance No. 7893 (Zone Case No. 2245) (10) Request of Emergency Medical Services (for Lubbock County Hospital District) to change Lot__536, Kuykendall Heights Addition, City of Lubbock, Lubbock County, Texas from A-2 to AM Zoning District_ _(located at 5012 - 50th St.). 142 a " 79-38k442-805 (11) 79-36-442-806 (12) 79-3A442-807 (13) 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. Ordinance No. 7894 (Zone Case No. 1979-A) Request of Bill Cox (for Smith, Baker, Field & Clifford, Inc.) for a specific use zone change, from R-1 to AM Specific Use Permit under provisions of Section 22.3-20-3 of the Zoning Ordinance for professional offices on Lots 18, 19 and the West 5 feet of Lot 20, Block 1, Squyres Place Addition, City of Lubbock, Lubbock County, Texas (located North_ of 22nd Street and West of Indiana Avenue), subject to the following _ conditions: (a) that it be tied to non -medical professional 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. Ordinance No. 7895 (Zone Case No. 1811-A) Request of Arnold Maeker (for the First Baptist Church) to change Tract "B," Potomac Park Addition, City of Lubbock, Lubbock County, Texas, from R-2 to A-2 Zonine District (located at 8315 Indiana Avi and related uses. LGB:hw ORDINANCE NO. 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. Ordinance No. 7896 An ordinance_ amending Chapter 4, Article IV, Section 4-18 (f) and ( ) regarding im oundment 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 (g) REGARDING IMPOUNDMENT OF ANIMALS, CLARIFYING THE IMPOUNDMENT PERIOD FOR OWNER DELIVERED ANIMALS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass Ordinance No. 7898, No. 7892, No. 7893, No. 7894, No. 7895, and No. 7896 on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. The Council recessed at 11:00 a.m. to reconvene at 11:20 a.m. 44 79-30-443-808 (16-A) 79-384 443-809 (17) w Ordinance No. 7900 An ordinance annexing a tract of land to the City of Lubbock, generally located between Indiana Avenue and University Avenue, from 98th Street to 114th Street. LGB:hw ORDINANCE NO. 7900 AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR CORRECTION OF CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE. Proponents requested that this item be placed on the agenda as an emergency measure. The areas of concern reflected in the public hearing of July 26, 1979, concerns the third water supply source to those developed areas within the tract should the entire tract be annexed, and the liability involved should the City fail to supply the required services within the three-year period of time as stipulated by law. There was also concern about the proposed change in the pro rata ordinance whereby the proponents assume most of the development cost; that there was no assurance that the new fire station proposed in that area would be the next capital development undertaken; that in the event services could not be supplied to the developed area within the three- year required period of time, the alternative to the residents would be to petition for deannexation; that the Department of Justice has 75 days in which to respond to a newly annexed area. All factors being considered, the motion was made by Councilman McAlister, seconded by Councilwoman Jordan 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. Resolution No. 226 A resolution authorizing time extension for street barricades adjacent to Tech Terrace Park. LGB:cl RESOLUTION NO. 226 WHEREAS, traffic volumes around the Tech Terrace Park have increased greatly, and WHEREAS, traffic congestion, unsafe conditions and excessive noise have resulted, and WHEREAS, it is necessary for the City to make a study to determine whether it is practical to re-route traffic utilizing the streets surrounding the Tech Terrace Park, and WHEREAS, in order to accomplish such study it will be necessary to install certain stationary traffic control barricades to facilitate the re-routing of traffic, and WHEREAS, such action is necessary in order to obtain valid test data needed by the City to determine how to best control and regulate the traffic congestion in the area, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT stationary traffic control barricades meeting acceptable traffic engineering and safety standards be installed as follows: On 25th Street West of Flint Avenue. On Gary Avenue North of 25th Street. BE it further resolved that the City Manager BE and is hereby directed to see that all appropriate traffic control signs, signals, or other devices as required by law or are deemed necessary by our traffic engineer are erected in conjunction with the barricades! hereinabove set forth in this Resolution so as to give adequate warning and notice to the public of the existence of said barricades during the period of this traffic test. BE it further resolved that said traffic control barricades shall remain in place as a test of such traffic control system until October 15, 1979. Passed by City Council this 9th day of August _ ,1979. ATTEST: /s/ Dirk West DIRK WEST, MAYOR s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Bill McDaniel, Traffic Engineer APPROVED AS TO FORM: /s/ Leon Bean Leon G. Bean, Assistant City Attorney / 1 •I The Council approved the Tech Terrace Neighborhood Committee's recommendation to extend the trial period through October 15, 1979, to decrease the City's liabilities in the event of an accident involving the barricades. The proposed recommendation is a procedural matter. 11 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38Q444-810 Consider the price and conditions of sale for Parcel #75010-40-220 (18) in the Community Development Third Action Year area. Developer: David Gonzalez and wife $240 for landscaping and enlarging present property Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve referenced sale. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-3d'- 444-811 Consider setting a date and time for performance hearing to be held on (19) a Community Development Block Grant Program. 79-4 444--812 (20) The Community Development regulations require the Council to hold a public hearing to allow citizens the option to comment on the performance of the Community Development Block Grant activities and projects. The Staff recom3pended holding a hearing some 38 days prior to the commencement of the Neighborhood Planning Meetings. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to hold referenced performance hearing on August 23, 1979 at 1:30 p.m. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider an ordinance promoting fair housing practices and prohibiting discrimination in the sale or rental of real pro2erty because of race color,_ religion, age or national origin. The HUD Area Office has requested the Council consider a Fair Housing Policy before August 12, 1979. This has not been mandated, but it is requested that such an ordinance be considered. The City has in effect a resolution with respect to fair housing practices, said resolution being in effect since 1971. It was brought to the Council's attention that there had been no complaints filed with HUD; that the policies as set forth in the referenced resolution have been effective, and this is another instance whereby federal agencies persist in meddling into local government affairs. A earances: Darryl Berry, President, Lubbock Board of Realtors Bill Malloy, Lubbock Apartment Association Both gentlemen expressed opposition on behalf of their respective organizations; that the law of the land prevented discrimination and it was totally unnecessary to have another document for the same reasons; that there was an exemption provision which contradicted the purpose of the proposed ordinance or the law now in effect; there was a provision allowing 180 days in which to file a complaint which was totally unacceptable; and that there was a provision for a conciliatory agreement which was likewise opposed. 1 Mr. Jim Bertram, Director of Planning, indicated the HUD representative would be in conference with staff members on August 10, 1979, and the comments expressed above would be relayed to him. 11 Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to delay further consideration until August 23, 1979, at which time the matter can again appear for consideration. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (A transcript of the above matter is on file in the Office of the City Secretary.) 79-38-444-813 Consider a resolution authorizing the Mayor to sign a contract with (21) ATE_Management and Service Company, Inc., for the mana8ement of the Transit System. DELETED --to be considered August 23,.•1979. i 445 79-38(L445-814 (22) Resolution No. 227 A resolution authorizing _the Mayor to sign a lease agreementwith the Metropolitan Government of Nashville and Davidson County by and through its a ent the Metro olitan Transit Authority for eight (8) GMC coaches. DGV:cl RESOLUTION NO. 227 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement between the City of Lubbock and the Metropolitan Government of Nashville and Davidson County by and through its agent Metropolitan Transit Authority for the lease of eight (8) G.M.C. Coaches, which Lease Agreement is attached herewith and which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of _ August ,1979• ATTEST: LJ Dirk West DIRK WEST, MAYOR /s/ Evelyn Gaffga _..._ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney LEASE AGREEMENT THIS LEASE, made by and between the Metropolitan Government of Nashville and Davidson County, by and through its agent, the Metropolitan Transit Authority, hereinafter called the "Lessor", and the City of Lubbock, Texas, P.O. Box 2000, Lubbock, Texas 79457, hereinafter called the '"Lessee": WITNESSETH: 1. The Lessor hereby leases unto the Lessee eight (8) 1960 G.M.C. Coaches, less tires, being more particularly described as follows: BUS IDENTIFICATION NUMBER NUMBER 701 TDH-4517-546 702 TDH-4517-547 703 TDH-4517-548 704 TDH-4517--549 707 TDH-4517-552 708 TDH-4517-553 709 TDH-4517-554 710 TDH-4517-555 2. To have and to hold the leased vehicles unto the Lessee for a term of two (2) months commencing with the date of possession on September 1, 1979. The effective date for rental payment purposes shall be the date that an auth- orized representative of the Lessee takes possession of the buses in Tulsa, Oklahoma and shall continue for two (2) months or for an extended period mutually agreed to or until the coaches are returned -to Nashville or disposed of as i I � on a month -to -month basis, and rental for any bus for any portion of a month shall be prorated. After the first thirty (30) days of this agreement, the Lessor reserves the right to terminate this lease upon a thirty (30) day notice to the Lessee. 3. The Lessee agrees to pay to the Lessor as rental for the coaches the sum of two hundred dollars ($200.00) per month for each coach leased to the Lessee for the first twelve (12) months period. After said period of time, the cost of rental shall be renegotiated. Such rent is payable in advance. Should this lease be extended, rent is payable at the time the agreement to extend is reached. 4. The Lessee shall not assign or sublet this Lease without the written consent of the Lessor. 5. The Lessee hereby agrees to defend and save harmless the Lessor from the claims of any persons for damage to persons or property arising by reason of the Lessee's use of the leased vehicles hereinabove, or from the claim of any person for damages to person or property arising by reason of or connected in any manner with the operation or maintenance of the leased vehicles. 6. As security for such defense, the Lessee shall provide a certificate of insurace indicating that the Lessee has provided for public liability and property damage liability insurance in which the Lessor is designated the loss payee for property. Accident benefit coverage is mandatory. Less h shall cause any damage to the vehicles to be repaired in a workmanlike manner at Lessee's expense and, in case of total loss, the Lessee shall pay to the Lessor immediately the fair market value of any such vehicle. 7. The Lessor does not warrant the condition or performance of the leased vehicles in any respect. Said vehicles are used equipment and the Lessee accepts them "AS IS" and in their present condition. The Lessee here- with waives all warranties of expressed and implied merchantability or fitnets of use. 8. The Lessee hereby agrees to purchase all spare bus components for maintenance of leased vehicles when available from the Lessor's current inventory at fair market value. 9. Should Lessee default in the performance of any of its obligations) hereunder, including the payment of rent, this Lease shall be immediately in default and all sums due hereunder shall be immediately due and payable. In the event of such default, Lessor may take immediate possession of the vehicles. Lessor shall be entitled to prove claim for and obtain judgment against Lessee for the balance of the rent agreed to be paid for the term, herein provided, plus all expenses of the Lessor including a reasonable attorney's fee. 1 10. All notices herein provided to be given, or which may be given, by I either party to the other, shall be deemed to have been fully given when made) in writing and deposited in the United States mail, certified and postage prep paid and addressed as follows: 447 • 0 w W up To the Lessor at: Metropolitan Transit Authority 60 Peabody Street Nashville. Tennessee 37210 To the Lessee at: City of Lubbock, Texas P.O. Box 2000 Lubbock, Texas 79457 11. The Lessee hereby agrees a full inspection of each leased vehicle shall be made by the Lessor, at the expense of the Lessee, no less than one time per six (6) month period. The first inspection shall be made within sixty (60) days after the date of possession. 12. Upon termination of the Lease or default thereof the Lessee will peaceably surrender to the Lessor the leased vehicles in as good order and condition as when received 13. The leased vehicles are to be returned by the Lessee at termination of the Lease to the Metropolitan Transit Authority, 60 Peabody Street, Nashville, Tennessee 37210, or to a place or point designated by the Metropolitan Transit Authority, which place or point shall in no event exceed the total miles between Lubbock, Texas, and Nashville, Tennessee. 14. This Lease embodies the entire agreement between the parties hereto relative to the subject matter hereof, and shall not be modified, changed,or altered in any respect except in writing. No waiver of any condition or covenant of this Lease by either party shall be deemed to imply or constitute a further waiver of the same or any other condition of said Lease. 15. It is agreed and understood between the parties that this Lease shall not be binding on the parties until, dated, executed by all parties, and a copy filed with the Metropolitan Clerk, and until the certificate of insurance is filed with the Metropolitan Clerk. 16. This Lease Agreement is executed in the State of Tennessee and the parties agree that the local law of the State of Tennessee shall apply to the interpretation of this agreement and to the resolution of all controversies arising hereunder. IN WITNESS WHEREOF, the parties hereto have set their hands the date and year first above written. Agreed this 9th day of August _T, 1979. APPROVED AS TO FORM AND LEGALITY: /s/ Rose P..Cantrell Metropolitan Attorney ATTEST: /s/Evel n Gaff a Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: s/John L. Wilson Transit Coordinator FOR THE LESSOR: METRQPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY BY•L"-THROUGH ITS AGENT THE METROPOLITAN TRANSIT AUTHORITY BY: Isl Raymon H. Harris Chairman /s/ Jenny W. Muehluer Secretary FOR THE LESSEE: CITY OF LUBBOCK, TEXAS BY: /s/Dirk West Dirk West, Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver Assistant City Attorney nm The continuation of the bus service is important as it benefits the City by providing a local match for federal dollars. If the City is to continue to provide service to Texas Tech, it will be necessary for the City to obtain the required buses--14 are required for service, 2 to serve as backup vehicles. I A-448-815 Resolution No. 228 23) A resolution authorizing the Mayor to sign a lease agreement with ATC of St. Louis for eight 8) GMC coaches. DGV:cl RESOLUTION NO. 228 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement between the City of Lubbock and the American Transit Corporation for the lease of eight (8) G.M.C. Coaches, which Lease Agreement is attached herewith and which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of _ August _ ,1979. 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 APPROVED AS TO CONTENT: /s/ Denzel Percifull Denzel Percifull, Director of Public Services LEASE AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: THIS LEASE is made by and between the CITY OF LUBBOCK, a Home Rule Municipal Corporation of Texas, hereinafter called "CITY", and AMERICAN TRANSIT CORPORATION of St. Louis, Missouri, hereinafter called "COMPANY". WITNESSETH: 1. The COMPANY hereby leases to the CITY eight (8) G.M.C. Coaches, without tires, the same being more particularly described as follows: UNIT NUMBER MODEL MONTHLY RATE FOR ONE YEAR 1748 TDH3501 $190 1812 TDR3502 $225 1813 TDH3502 $225 1816 TDH3502 $225 1817 TDH3502 $225 1847 TDH3502 $225 1848 TDH3502 $225 2187 TDH4509 $100 e r, PC 2. The term of this lease shall be from October 1, 1979, to September 30, 1980, unless this agreement shall be extended for a period mutually agreed to by the parties hereto. 3. The. CITY agrees to pay monthly rental on each unit in the above amounts to the COMPANY not later than the 10th day of each month during the term of this lease agreement. .4. The CITY shall not assign or sublet above Coaches without the written consent of the COMPANY. 5. The CITY hereby agrees to defend and save harmless the COMPANY from the claims of any persons for damage to any persons or property arising by reason of the CITY'S use of the leased vehicles, or from the claim of any person for damages to persons or property arising from or in any manner connected with the operation or maintenance of said vehicles. b. The CITY shall cause any damage to the leased vehicles to be repaired in a workmanlike manner at the CITY'S expense and, in the case of a total loss of vehicle, the CITY shall pay the COMPANY the fair market value of any such vehicle. 7. The COMPANY does not warrant the condition or performance of the leased vehicles in any respect. Said vehicles are used equipment and the CITY accV-pts them "AS IS" and in their present condition. 8. The CITY hereby agrees to purchase spare parts for the leased vehicles from the COMPANY, if available, at fair market value. "P 9. Should the CITY default in the performance of its obligations here- under, including the payment of rent, this lease shall be immediately in default and all sums due shall be immediately due and payable. In the event of such default, the COMPANY may take immediate possession of the vehicles. 11. Upon termination of the lease, CITY agrees to peaceably surrender to the COMPANY the leased vehicles in as good condition as when received. 12. This lease embodies the entire agreement between the parties hereto and it shall not be modified, changed or altered in any respect except by mutual agreement in writing. Executed this 9th day of August , 1979. AMERICAN TRANSIT CORPORATION: CITY OF LUBBOCK: /s/ D. A. Richter President ATTEST: /s/ Hu C. Ashbg Secretary r /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ John L. Wilson John L. Wilson, Transit Coordinator APPROVED AS TO FORM /s/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney 450 This lease agreement is for eight remaining buses necessary to provide extension bus service on the Texas Tech Campus. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Resolution No. 227 executing a lease agreement for eight buses, and to pass Resolution No. 228 and the referenced lease agreement subject to the changes in paragraph 1 and 10 of the agreement. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38L450-816 Resolution No. 229 (24) A resolution accepting pa Construction Company on a G.W.O. 10,956--Streets. rovements rnnetr—aoa rtion of the 1978 Ass RESOLUTION NO. 229 b- ►�W. D. t Pavina ram - RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improveme-nt ordinances and resolutions and entered into contract with W.D. Turner Construc- tion Company (G.W.O. 10,956-Streets) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: j Harvard Street from its intersection with a line 1.00 foot East of the East property line of North Avenue "N" to its intersection with a line 1.11 feet West of the West property line of North Avenue "Q" known and designated as Sub -Unit Number 28 of Unit Number 2234. Oberlin Street from its intersection with a line 8.00 feet East of the East property line of North University Avenue to its intersection with a line 13.50 feet West of the West property line of North Avenue go known and designated as Sub -Unit Number 3 of Unit Number 2235. North Avenue "Y" from its intersection with the South lip line of Oberlin Street to its intersection with the North lip line of Marshall Avenue known and designated as Sub -Unit Number 4 of Unit Number 2235. Princeton Street from its intersection with a line 8.00 feet East of the East property line of North University Avenue to its intersectiol with a Line 13.50 feet West of the West property line of North Avenue "X" known and designated as Sub -Unit Number 5 of Unit Number 2335. North Indiana Avenue from its intersection with a line 3.96 feet North of the North property line of Oberlin Street to its intersection with a line 378.90 feet South of the South property line of Oberlin Street known and designated as Sub -Unit Number 4 of the Unit Number 2236. Oberlin Street from its intersection with the East lip line of North Indiana Avenue to its intersection with a line 10.33 feet West of the West property line of North Gary Avenue known and designated as Sub -Unit Number 5 of Unit Number 2236. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract G.W.O. 10,956 - Streetpl. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. I That the improvements on said portions of the abovementioned alleys, streets, and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such I i 451 property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9th day of August ,1979. /s Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga .._ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney The following subunits -are included in the above resolution: Harvard Street --North Avenue N to North Avenue Q * Princeton Street --North University to North Avenue X North Indiana Avenue --Oberlin to 450' south of Oberlin r� Oberlin Street --North Indiana to North Gary Oberlin Street --North University to North Avenue X North Avenue Y--Oberlin to Marshall The sum due the contractor is in the amount of $53,623.54. We are in the process of condemnation proceedings for right-of-way on the east half of Kewanee Avenue which is tied to the last subunit to be paved (the west half of Kewanee, 30th to 34th), and the contractor has requested that this pavement improvement be dropped from his contract. Mr. Arch Lamb is unwilling to sell this strip of land at fair market value. The strip of land is complicated by two features: (a) the south half of the strip is in the low lake area; (b) there is an irrigation well which is to remain in place. Staff recommends that the west half of Kewanee between 30th and 34th Streets be deleted. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Resolution No. 229, approving the subunits listed above, and deleting the west half of Kewanee Avenue between 30th to 34th Streets. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-389-451-817 Resolution No. 230 (25) A resolution accepting paving improvements constructed by developers of Avalon Addition, Tract A-1. RESOLUTION NO. 230 * RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, the subdivider of Avalon Addition, Tract A-1, made arrangements with Lubbock Asphalt Products Inc. for the construction of paving improvements on certain streets dedicated in said subdivision prior to the recording of the subdivision plat of Avalon Addition, Tract A-1 including the following streets: t52 s 9-� South 1/2 of 62nd street from its intersection with the East lip line of Slide Road to its intersection with a line 477.57 feet East of East property line of Slide Road (South leg) known and designated as New Subdivision Sub -Unit Number 4 of Unit Number 2019. North 1/2 of 62nd street from its intersection with the East lip line of Slide Road to its intersection with a line 477.57 feet East of East property line of Slide Road (South leg) known and designated as New Subdivision Sub -Unit Number 4 of Unit Number 2019. Alley paving from its intersection with the West lip line of York Avenue, thence 144 feet Southwest, thence 696.3 feet Southeast, thence 125.8 feet Northeast known and designated as New Subdivision Sub -Unit Number 2022. West 1/2 of York Avenue from its intersection with the South lip line of 62nd Street to its intersection with a line 7 feet Southeast property line of alley Southeast of 62nd Street known and designated as New Subdivision Sub --Unit Number 15 of Unit Number 2019. AND WHEREAS, the construction of the above improvements on the abovemen'tioned streets was performed under the supervision of the City Engineer, and said 11 improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications. 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 autho ized to direct the payment of the City's portion of the cost and to release escrav money. II. This resolution shall take effect and be in force from ar passage. PASSED AND APPROVED THIS 9th DAY OF AUGUST, 1979. Js/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED: s Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: Isl Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney The amount due the developer as a refund is in the sum of $32,293.23. Ther is no cost to the City. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38'452-818 Resolution No. 231 (26) A resolution authorizing the Mayor to execute an Electric SupplX Line License with AT&SF Railway for an aerial 2ower line crossing located at MP 3 + 1725.0' near Lubbock. RESOLUTION NO. 231 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: to IIII Co tlh c ilwoman I 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 aerial power line crossing at MP 3 + 1725.0 feet near Lubbock, Texas, between The Atchison, Topeka and Santa Fe Railway Company and the City of Lubbock attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be I L L Li a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of August 91979. s Alan Henry MAYOR PRO TEM ALAN HENRY ATTEST: /s/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Worth Fullingim Worth Fullingim, Asst. City Attorney APPROVED AS TO CONTENT: Isl Tom Nivens Tom Nivens, Right of Way Agent TIED TO RESO #231 Ct--28402 Form 2171 standard (Approved by General solicitor) LICPAC BE FOR lc! u I!RIC 9 PMT LIKE ACROSS OR ALONG PUMWAY PROPi�T= �&�.evtrle 1-4$6t. Power SupCiv and Trolley Unee, Irrespeedve oT Vottade, Overhead or Ubdertround) THIS LICENSE, made as of the..-__2-9th --day of Jude —, 19 79 between— THE ATCHIS0_& TOP MA AND SANTA FE _ ---—RArLWAY COMPANY. Delaware — corporation (hereinafter called "Santa Fe") and __— CITY OF LUBBOCK, TEXAS' a Muni c 1 cQrporAtion,_ r€Jn__byIt,,.. _ Mayor,, hereunto duly authorized (hereinafter whether one party or more called "Licensee"). — Witneiseth, that the parties hereto for the considerations hereinafter expressed covenant and agree follows as I. In consideration of the sum of-� Hundred Fif t and No IOOtha - - - -=-_Dollars in hand paid by Licensee to Santa Fe, the receipt whereof is hereby acknowledged, and of the covenants and agreements of Licensee hereinafter set forth, and of the faithful performance by Licensee of the same, Santa Fe licenses and permits Licensee to construct, maintain and use an electric supply line containing a maximum of—.tr_(4)conductors across or along the premises of Santa Fe at or near the station of —Lubbock. i.ubbock Co rli� Texa��_ _- the frequency and voltage of the electric circuit carried thereon and the locnd and ation ofe of isaid electric supplyhline being more particularly shown upon the print hereto attached, dated---_ June 27._ 1979 -- -- - — - — —marked "Exhibit A", and made a part hereof. For convenience, the said electric supply line, with all conductors and their supporting or containing structures in so far as they relate to said electric supply line upon said premises, is hereinafter called the "Electric Supply Line." 2. Licensee shall, at Licensee's own cost, construct and at all times maintain the Electric Supply Line in strict accordance with the Specifications, for the time current, for Electric Supply Lines across or along Railway Property, adopted by the EIectrical Section of the Association of American Railroads, or any successor agency, except where by statute or order of competent public authority a different type of con- struction or a different degree of maintenance is required or permitted, in which case such construction or maintenance shall be il) strict accordance with such statute or order; provided, however, all materials and workmanship employed in the construction and maintenance of the Electric Supply Line shall be sub- ;ect to the approval of Santa Fe. 3. Licensee shall, at Licensee's own cost, remove all combustible material from around wooden poles and v ill at all times keep the space around such poles free of such material, and if removal of such com- bustible material shall not be attended to within fifteen (15) days after having been requested by Santa Fe so to do, Santa Fe shall have the right itself to perform the work and Licensee hereby agrees to reim- burse Santa Fe for the expense so incurred. 4. During construction and while repairing, renewing or changing the Electric Supply Line, Licensee shall exercise utmost and extraordinary diligence to the end that no damage shall occur to the property of Santa Fe, and that there shall be no interference with the operation of its railroad. Upon completion of the Electric Supply Line or after the making of any changes, repairs or renewals, Licensee shall, at Licensee's own cost, restore said premises to their former state; and Licensee shall, within fifteen (ill) days after receipt of bill therefor, pay to Santa Fe the entire cost incurred in employing watchmen or such ether means of protection as in the judgment of Santa Fe may be required during the construction, main- tenance, repair, renewal or changing of the Electric Supply Line. 5. If at any time during the term hereof Santa Fe shall desire to make any use of its property with which the Electric Supply Line will in any way interfere, including the relocation of existing or the con- struction of new lines of poles, wires, conduits and other facilities in which it shall have an interest, Li- censee shall, at Licensee's own cost, within thirty (30) days after receiving written notice from Santa Fe to such effect, make such changes in the Electric Supply Line as in the judgment of Santa Fe may be necessary to avoid interference with the proposed use of its property. 454 79-38p454-819 (27) Mayor Pro Tem Alan Henry presiding. LP&L has requested permission to install an aerial power line near Oxford Avenue and the Brownfield Highway, said line crossing railroad property. T e fee involved is $150. 1 Motion was made by Councilman McAlister, seconded by Councilman Aderton 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. 232 A resolution authorizing the Mayor to sign an agreement between the City of Lubbock and Texas Tech University regarding the construction of dressing rooms in the Municipal Coliseum. 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 az hgreement iietwezii the City of Lubbock and Texas Tech University for '...e construction two additional dressing rooms in the Municipal Coliseum, attACCh�d herewith which shall be spread upon the minutes of the Council and as spread upon t minutes of this Council shall constitute and be a part of this Resolution fully copied herein in detail. Passed by the City Council this 9th ATTEST: /s Evel Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: day of August 119 /sl_ _Dirk West DIRK WEST, MAYOR 1s! Lawrence Banks ._ Lawrence Banks, Community Facilities Asst. APPROVED AS TO FORM: /s/ .Leon G. Bean _ Leon G. Bean, Assistant City Attorney *NOTE: Agreement filed with Original Resolution #232. In March, 1979, the City Council considered the recommendation of the Civic Centers Board for the construction of two additional dres-sing rooms in the Xunicipal Coliseum. The proposal was that the City would allow Texas Tech to construct these new dressing rooms and that the City would contribute $15,000 toward the estimated $85,000 total cost, with Tech financing the balance. The City -'a financial contribution would be paid out of the profits of Civic Lubbock, Inc. The Board's recommendation was approved by the Council wtft i the stipulation that the financial share would he limited to 18% of the project cost or a maximum of $15,000. An agreement has been prepared with Texas Tech reflecting the terms and conditions. The agreement also reflects that the City was to have final approval of the proposed plans; that title to the improvements would remain with the City; and there were provisions in the agreement to protect the City from liability for injuries and/or liens. The Texas Tech Board of Regents will consider the proposed agreement during their August meeting for formal action in September. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass referenced resolution authorizing an agreement with Texas Tech University with respect to the above matter. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. if F r r 79-3 0455-820 Consider amending Ordinance No. 7128 regarding the Civic Centers Board. (28) During the luncheon Work Session, Mrs. Joan Baker, Chairman of the Civic Centers Board, met with the Council to discuss the above item. The issue seems to be whether or not the Civic Centers Board consisting of 15 members is of a functional size and whether or not it should be changed in any way. Ms. Baker commented to the fact that the Board had been active, that attendance had been consistently good, i.e. an average attendance of 7 to 9; that a committee system is utilized, said committees consisting of (1) policy and rates, (2) booking, (3) house, concessions and maintenance; that the committees meet on the average of once a month, sometimes more frequently, sometimes less frequently, depending on the demand, and the committees report back to the Executive Committee their decisions and recommendations. The chairman and vice-chairman of the Board serve as ex officio members to each committee. Ms. Baker commented that she knew there had been criticism from Board members with respect to other members of the Board; that there are some who are more vocal about issues than other members might be; that there are members who assume their duties and responsibilities with diligence, but in her opinion it was the responsibility of all Board members to accept and to be compatible with the remaining members. She did comment her main concern was the conflict of interest that some Board members reflect with respect to their participation and membership in other interest groups. She felt this was more hazardous to the workability of the Board than committee assignments and other in -board functions. Following discussion, the motion was made by Councilman McAlister, seconded by Councilman Aderton to leave the Board at its present size--15 members. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (Ordinance DENIED.) 79-38'L455-821 Consider a resolution askingCivic Lubbock Inc. to amend their (29) by-laws to conform to previous ordinance. No action needed. 79-38L455-822 Hold a public hearin to consider ossible uses of Federal Revenue (14) Shar LM_ unds . In accordance with the Notice of Public Hearing published in the Avalanche -Journal, a public hearing was held at 1:30 p.m. on the above matter. Appearances: Tom Loper - 8806 Geneva Drive Dan Pender Gilbert Flores Mr. Loper and Mr. Pender requested that the park designated N. B. McCullough Park, located at 91st and Geneva receive priority consideration in the expenditure of Revenue Sharing Funds for the development of same; that although the land has been dedicated and the park so designated, there has been no effort to develop it with landscaping, playground equipment, picnic facilities, tennis courts and related items; that the only other recreational facility in the neighborhood is some five or six blocks away designated Crow Park located in the University Pines Addition. Mr. Loper indicated that an estimated cost for development would be $100,000. Petitions containing approximately 100 signatures were presented to the Council endorsing the development of the N. B. McCullough Park. Mr. Flores recommended rather than spending large sums of money for new development, that it would be in the best interest of the citizens to maintain and develop the existing parks specifically referring to the Aztlan Park located in the Guadalupe neighborhood. Appearance: Betty Wheeler Becky Mahan Ms. Wheeler spoke on behalf of the Rape Crisis Center requesting once again assistance in the sum of $2,600; that the Center was currently included in the United Way, for which they were appreciative, but they did indicate they needed assistance one more year for further development. There being no further discussion or appearances at this time, the hearing was closed. During Work Session following the Regular Council Meeting, the subject of the parks development and maintenance was given considerable attention. Mr. Jim Weston, Director of Public Facilities, was instructed to have the Park Board consider an allover plan reflecting the maintenance, development and growth of the existing parks; that they did not reflect the best community spirit inasmuch as several of them were in a run-down condition, and others had been fully maintained. The Council also recognized that they would give this subject considerable attention during their Budget Work Sessions to be held the following week. It 79-38L456- 823 (15) *Publisher's Affidavit on Page 456A. 79-38A-456-824 (16) With respect to other items submitted on the Revenue Sharing proposal, considerable discussion was given to the item under Community Facilities, i.e. rewiring of the Memorial Center fountain in the sum of $40,000 as reflected in Work Session minutes. The fountain is inoperable due to either improper design or faulty workmanship in the installation of the electrical wiring -in the foundation of the fountain resulting in water corroding the electrical wiring system. Reference may be made to the Work Session minutes as to the proposed research and possible solution to the problem. With respect to the various parks and renovation, maintenance, and development as listed in the proposal, it was mentioned that both the Lou Stubbs softball renovation in the sum of $22,275 and the repair of the Mae Simmons swimming pool in the sum of $40,000 would qualify for CDAC money. With respect to the validating machine listed under the Tax Department in the sum of $15,000, it was queried whether or not the Lubbock Independent School District would share in this expenditure, to which the response was affirmative. Therefore, the proposed expenditure would be $7,500 on the part of the City. A total of $3,230,912 is available for the Entitlement Period XI covering the period of October 1, 1979 through September 30, 1980, of which $292,237 are unallocated funds, and $2,731,675 are Entitlement XI Funds. A second hearing will be held for proposed uses in September. The entire itemization as proposed at this hearing is on file in the City Secretary's Office. Motion was made by Councilman McAlister, seconded by Councilman Aderton to tentatively approve the listed items for Revenue Sharing. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Hold a public hearina to consider the request of Lubbock Industrial Foundation Inc. to annex a tract of land to the City of Lubbock generally located between Ursuline Street and Kent Street from Guava Avenue to Olive Avenue. In accordance with Notice published in the Lubbock Avalanche -Journal on July 30, 1979, a public hearing was held on the above referenced matter. This request for annexation is somewhat complicated by the associated question of zoning and utilities extension and future building permits. It was noted by Jim Bertram, Director of Planning, that after notice of the annexation has been passed and is final, a notice must be sent to the Justice Department, and they have up to 75 days to respond to the acceptability of the annexation. The Legal Department has advised that any zoning action taking place prior to the approval of the Justice Department may be held void. Section 27.3 in the Zoning Ordinance provides for a building permit to the Planning and Zoning Commission, and subject to their recommendation to the Council, and the Council's approval, a building permit may be issued while the area is a "T" classification. There being no opposition and no discussion, the hearing was declared closed. 11 Ordinance No. 7903 An ordinance annexing a tract of land to the Cit of Lubbockgenerally located between Ursuline Street and Kent Street from Guava Avenue to Olive Avenue. LGB:hw ORDINANCE NO. 7903 AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH AREA, IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR CORRECTION OF CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE. 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. El 1 45A --- 1979 79-3456-823 (15) ,. t. THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Ma ri I Yn Pie rce a Notary Public in and for Lubbock County, Texas on this day personally appeared _ J. C. Rickman, Business Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Lega I Notice - 256 Wg rds (a 23 a e r word - $58. 88 No. 573737 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 30, 1979, evening only, (City of Lubbock P.O. lVo. H-3081) jDd`s`_i—n_ess Manager T.U00K AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 7 t h day of Au O u s t 1979 MARILYN PIERCs= MY COMMISSION EXPIRES FEB. 1, 1980 Notary Public in and for Lubbock CountYli Texas PUBLIC NEARING eereby C ven that a i at 1: P.M. in th area which BEGINNING at a paint In the pre. sent City Limits line, as estab• fished by City of LubboCk Ord nance No. I533 said point being 150 feet east and 1S0 feet north of the Southwest Corner of Sectioi 46, Block A. THENCE wesf approximately 5280 feet to a point In the existing City Limits line, as described by Ordinance No. 6201. said point being M feet east and 150 feet north of the Southwest corner of Section Cl, Block A. THENCE north approximately S190 feet to a point In the existing City Limit line as described by Ordinance No. 6201, said point, being 150 feet east and Mo feet,' north of thr Southwest comer of 1 Section 42. Block A. 1 THENCE east approximately 5290 left to a point 150 feet east and Wo feet north of the South- west Corner of Section 45, Block A. THENCE so.ith approximately 57"feettothe polntof beginning. Contains 701.82 acres. 1 HEREBY CERTIFY that this Notice of Public Hearing was pub- I:shed in the Lubbock Avalanche - Journal on July 30. 191, EVELYNGAFFGA City SeCretary-Treasurer fSeati AUG 9 1979 457 79-380457-825 (30) w *r VP 79-381457-826 (31) VP Resolution No. 233 A resolution authorizing the Mayor to sign a grant aP21ication and related documents for a Summer Youth Recreation Program. 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 grant application and related documents for a Summer Youth Recreation Program, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: day ofAugust .. -,1979. /s Dirk West _ DIRK WEST, MAYOR /s/ Lawrence Banks Lawrence Banks, Community Facilities Asst. APPROVED AS TO FORM: %s/ Leon G. Bean Leon G. Bean, Assistant City Attorney (NOTE -Grant Application and related documents attached to original Resolution number 233, on file.) This request is to submit an application to the Community Services Administration for $12,000 for funding of a Summer Youth Recreation Program for 1979. These funds are used for recreational programs in low-income neighborhoods, with the target group being disadvantaged youths between the ages of 8-13. If the application is approved, the City would receive between $9,000 and $12,000. The Community Services Administration (CSA) delayed sending this application until now because it had a question about the City's accounting procedures with reference to grants. The matter has now been resolved, and the Parks and Recreation Department has now been authorized to proceed with the grant application. Councilwoman Jordan commented that this was another example of continued incompetency on the part of federal agencies inasmuch as the matter should have been resolved and the program readied prior to the arrival of this summer season. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said resolution authorizing the grant application. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider request of the South Plains Obedience Training Club of Lubbock to charge en -try fee for "Doggie Olympic " and to sell concessions on a City park. A representative of the South Plains Obedience Training Club of Lubbock, Inc. appeared before the Parks and Recreation Board on July 24 and requested permission to hold the "First Annual Doggie Olympics" in a City park on August 26. The purpose of the event is to acquaint the public with the need for dog obedience training. The Board was advised that any profits from the entry fees or the sale of refreshments would be used to defray the training expenses. The park designated has been A. B. Davis Park located at 42nd Street and Orlando. 7 It was also commented that the Parks Board needs to give immedi attention to a policy with respect to those activities requirit an entry fee and other fund-raising activities connected with 1 event. City Attorney John Ross requested that a hold harmless be included in the agreement contract whereby the City would be held free of any liability resulting from injuries; additional] that the Club also have adequate insurance coverage for the da} event. The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to approve the request of the Obedience Training Club. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-39 458-827 Resolution No. 234 (32) A resolution authorizing taking of bids for the lease of City -owned land for the purRose of oil aas and mineral development, and authorizin the Mayor to execute a lease with the hi hest bidder for that lease. RESOLUTION WHEREAS, the City Council of the City of Lubbock has received inquiries relative to the possibility of the City's leasing certain lands owned by it for oil, gas, and other mineral development; and, WHEREAS, said proposed leasing would be in the public interest because of the potential revenue producing potential thereof, and the production therefrom could potentially be in the national interest also because of the present energy shortage existing in the United States; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION I. THAT the City Council of the City of Lubbock hereby determines (pursuant to Section 71.005 of the Natural Resources Code of the State of Texas) that certain land hereinafter described owned by said City should be leased for oil, gas, and other mineral development. SECTION 2. THAT the City Council of the City of Lubbock hereby gives notice of such intention to lease said lands by directing the City Secretary to cause the publication of the following notice once a week for three consecutive weeks in a newspaper published in Lubbock County, Texas, and with general circulation in said County, said notice to read as follows: "NOTICE OF INTENTION OF CITY OF LUBBOCK TO LEASE LAND FOR OIL AND GAS MINERAL DEVELOPMENT Notice is hereby given that the City of Lubbock determines that it is advisable to lease land, owned by it and hereinafter described, for oil and gas mineral development, and said City hereby intends to so lease the following described tracts of land containing 38.58 acres, and 4.428 acres respectively, to -wit: TRACT 1 A tract of land out of the Southeast part of Section 4, Block S, G.C. & S.F.Ry.Co. Survey, Lubbock County, Texas, being a part of Tract 8, S.I. Johnson Subdivision of said Section 4, and being more particularly described as follows: BEGINNING at a 1/2" iron pipe set from the Southeast corner of said beginning corner of this tract; South 890 16' West 1264.9 feet Section 4, for the Southeast and THENCE South 890 16' West 2433.99 feet to a 3/4" iron pipe found for the Southwest corner of this tract; THENCE North 00 44' West 1065.2 feet to a 1/2" iron pipe set in the South right-of-way line of U.S. Highway No. 84 for the Northwest corner of this tract; THENCE South 73' 37' East along said highway right-of-way, a distance of 2546.14 feet to a 1/2" iron pipe set for the Northeast corner of this tract; THENCE South 00 50' 49" East 315.82 feet to the PLACE OF BEGINNING. TRACT 2 4.428 acres of land out of Sections 3 and 4, Block S, Lubbock County, Texas, described by metes and bounds as foll ows. F 459 f. ,. "a BEGINNING at N.W. corner of Sec. 4, Block S, same being N.E. corner of Sec. 3, Block S, in Lubbock County, Texas; THENCE North 89° 17' 25" East, 150 feet; THENCE South 00 42' 35" East, 517 feet to North R-O-W of Loop 289; THENCE Southwesterly along the Loop R-0 W a chord distance of 354.38 feet; THENCE North 0° 42' 35" West 648.7 feet; THENCE North 89° 17' 25" East 179 feet to the PLACE OF BEGINNING. The lease shall contain the following Clause: "Not withstanding anything herein to the contrary it is expressly provided that Lessee shall not enter upon any part of the surface of the land herein leased for any purpose" Written bid proposals should be submitted by United States mail addressed to: Denzel Percifull, Director of Public Services of City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457, and mailed in sufficient time to reach said adressee before bid closing time as hereinafter stated. Such written bid proposals should contain the following: (1) A statement as to the number of years for the primary term of the lease proposed by the bidder, which primary term cannot exceed 10 years under Article 71.010 of the Natural Resources Code of the State of Texas. (2) The bonus cash consideration per acre proposed to be paid for the lease, and the delay rental consideration to be paid annually under the lease. (3) The amount of royalty which is proposed to be retained by the City of Lubbock, which must be not less than one -eight royalty under Article 71.009 of the Natural Resources Code of the State of Texas. (4) A cashier's check payable to the City of Lubbock in the amount of 10% of the total of the bonus and delay rentals for the entire primary term of the lease to be applied on the lease payment if the bidder is the successful bidder; otherwise said bid deposit shall be returned to the bidder if the bidder is unsuccessful. (5) The primary term for the proposed lease should be stated (not to exceed ten years as provided by law). The City of Lubbock reserves the right to reject any and all bids. The City of Lubbock will close all bidding at 4:00 o'clock P.M. on the 4th day of September, 1979, and will thereafter conduct a public hearing to consider such bids at 11:00 o'clock A.M. on 13th day of September, 1979, in City Council Chambers at City Hall, Lubbock, Texas, and thereafter consider the awarding of the lease at said time and date. The successful bidder will then execute said oil, gas and other minerals lease with said City on form satisfactory to the City Attorney, and in compliance with this notice, the successful bid, and payment of balance of the lease bonus payment then due. The successful bidder -lessee would have to pool the lands hereinabove described with adjacent lands also leased for oil and gas mineral development in order to drill for a well because entry upon the lands hereinabove described for such purposes (or any purpose) as shown by the Clause with respect to entry hereinabove required to be inserted in the lease. Pooling as regard municipalities is authorized by Section 71.052 of the Natural Resources Code of the State of Texas. This proposed lease is not concerned with coal and lignite, and shall not be applicable thereto. This Notice is executed this 9th day of August, 1979. ATTEST: Evelyn Gaffga, City Secretary -Treasurer' Isl Dirk West Dirk West, Mayor tf 0 SECTION 3. If the highest and best bid is acceptable to the City Council of said City, then the Mayor is hereby authorized and directed to execute a lease to said highest and best bidder for said lands described in said notice in accordance with its terms, and applicable state law including the Natural Resources Code of the State of Texas, as applicable to municipalities of Texas. Passed by the City Council of said City this 9th day of August - -- , 1979. /s/ Dirk West Dirk West, Mayor_.,........__ ATTEST: /s/ - Evelyn Gaffga _ Evelyn Gaffga, City Secretary -Treasurer The tract of land under consideration is approximately four acres contai a 5-million gallon reservoir located between East 66th Street and Loop 289 east of Guava. The City has been approached by a prospective bidder with respect to a lease. The lease would contain provisions whereby no drilling would be allowed on the tract and no access to the tract would be allowed. City Attorney John Ross indicated the benefit of such a lease would be for "pooling processes"; that the City does not have to accept any bids whatsoever if it so chooses; that there should be a specific time provision in which to complete the drilling. The referenced resolution does provide for a public hearing to be held, it being recommended that it be held at 11:00 a.m. on September 13, 1979. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said resolution authorizing the notice to take bids, and that a public hearing will be held at 11:00 a.m. on September 13, 1979 for the purpose of accepting the referenced bids. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38=460-828 Resolution No. 235 (33) A resolution authorizing the Mayor to execute an amendment to contract for the sale of 531 acres of land in Bailey Count to delete reservation for pumping plant. JWF:hw RESOLUTION WHEREAS, the City of Lubbock has been requested to consider deletion ofl the words "pumping plant" from the reservations to be placed in a proposed deed from the City of Lubbock (as vendor) to H. L. Cain (as purchaser) pur- suant to a Contract of Sale between said parties for conveyance of the surface estate (with limitations as provided in said Contract) concerning Labors 3, 4 and 5, in League 207, Ochiltree County School Land located in Bailey Count, Texas, reference being made to Subparagraph I (3) of said Contract where said words "pumping plant" appear; and WHEREAS, it has been determined by this City Council that a pumping plait will not be needed on said lands, and such request can be reasonably granted;) NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Subparagraph I(3) of the aforesaid Contract is here by amended by deleting therefrom the words "pumping plant," otherwise all other provisions shall remain the same as regards said Contract. SECTION 2. THAT the Mayor is authorized and directed to execute s proposed warranty deed in accordance with said Contract as hereby amended. Passed by the City Council this 9th day of August 1979. ATTEST: s Evelyn Gaffiza Evelyn Gaffga, City Secretary -Treasurer t DIRK WEST, MAYOR Amendment accepted as hereinabove set forth by: /s/ H. L. Cain APPROVED AS TO CONTENT: H. L. Cain /s/ Wilford D. Watson City Engineer APPROVED AS TO FORM: /s/ J. Worth Fullin im __ J. Worth Fullingim, Asst. City Attor; 14 w ap rr M Pursuant to Council action on July 26, 1979 (Resolution No. 217), the sale of the referenced 531 acres was authorized. Subsequent to this action, Mr. H. L. Cain, the purchaser, has requested that the wording in the sales contract with respect to the City reserving the right for future construction of a pump station on the land be deleted, as it would require his giving up a sizeable portion of the land to comply with this request. The City has no immediate plans for the construction of such a pumping plant, and deletion of this wording would not be harmful in any way. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution deleting the provision of a possible construction of a pump station on the land. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-30-461-829 Resolution No. 236 (34) A resolution authorizing the Mayor to execute a new lease rate a reement for well sites with the AT&SF Railway. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an acceptance of a raise from $12.00 annual rental to $25.00 annual rental for water wells and pump houses effective as to Contract PSF1137 on February 1, 1980, and as to Contract PSF12020 on October 15, 1979, as per copy of letter of request from the Atchison, Topeka, and Santa Fe Railway Company annexed hereto and to be so executed by the Mayor. Passed this 9th day of August„ , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer (NOTE- letter of request from the Atchison, Topeka, and Santa Fe Railway company attached to Resolution No. 236, on file.) There are two existing lease agreements involved in this request --Contract No. 1137 originally executed in 1947 and Contract No. 12020 originally executed in 1948. The lease rate on each of the contracts has been $12 annually; the rate established by Santa Fe is $25 per year per contract. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass said resolution accepting the increased lease rate. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38k461-830 Resolution No. 237 (35) A resolution authorizing the Mayor to execute a grant application and other related documents for federal regulation of Public Utility Regulation Policv Act (PURPA)_ 462 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an application for financial assistance under the PURPA (Public Utility Regulatory Policies Act, Pub. L. 95-617, 92 Stat. 3117 et seq.) Grant Program in order to carry out duties and responsibilities under that act, 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 9th day of August ,1979. s/ Alan Henry 11 MAYOR PRO TEM ALAN HENRY ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ David W. Reagan David W. Reagan, Assistant City Attorney APPROVED AS TO CONTENT: /s/ Carroll McDonald Carrol McDonald, Director Electric Sales & Service Mayor Pro Tem Henry presiding. In two years LP&L will fall under the Public Utility Regulatory Policy Act (PURPA). There are currently available grant funds to assist the City in preparing for compliance to these requirements. There is approximately $10,000,000 allotted to the states, of which Texas will receive $200,000. $50,000 will be appropriated to non -regulated utilities, $150,000 appropriated to regulated utilities; LP&L is considered a non -regulated utility. The deadline for the application is August 15. The City will join with the cities of Garland and Austin in the preparation of the required manual, thus defraying some of the cost to some extent. The motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said resolution. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. 79-38L'462-831 Ordinance No. 7902 (36) An ordinance amending Ordinance No. 7556 prohibiting sale of lue and related chemicals to minors. DGV:cI ORDINANCE NO. 7902 AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTION 19-20.2 REGULATING THE SALES, DISPLAY AND RECORD KEEPING OF SALES OF CERTAIN TYPES OF GLUE AND PAI' PROHIBITING INHALATION OF FUMES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING A PENALTY. This proposed ordinance is in response to a directive from the Council that the City Staff work with Gilbert Herrera and the Mental Health - Mental Retardation Center on an ordinance to prohibit the sale of spray paint and related chemicals. This ordinance will amend Ordinance No. 7556 passed in October, 1977. Police Chief J. T. Alley and Captain Bill Cox, Juvenile Division, indicated it will be an ordinance difficult to enforce; that the burden will rest with the individual businessmen to refrain from displaying containers containing the various chemicals as itemized in the ordinance itself. A limited telephone survey of local paint establishments reflected a mixed reaction to the ordinance. r 46; 79-38'4 463-832 (37-A) ,. 90 ra Appearances: Gilbert Herrera Boyd Watts, Chief Juvenile Officer Oscar Jones, MHMR Raymond Orosco, Principal, McWhorter Elementary School Gilbert Flores, a local businessman Each of the above citizens expressed strong support for the proposed ordinance, specifically as it related to his respective duties and responsibilities in working with the youth. Motion was made by Mayor Pro Tem. Henry, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 238 A resolution authorizing the Mayor to execute a Release of Lien to Hoyt Rachels and wife on Lot 11 Block 8 Meadowbrook Villa Addition for payment of waterpro-rata lien. DGV:hw RESOLUTION WHEREAS, the lien for water pro rata on the property of Hoyt Rachels and wife, Deborah Rachels has been paid in full, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed'to execute for and on behalf of the City of Lubbock a release of lien to Hoyt Rachels and wife, Deborah Rachels, 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 9th ATTEST: day of`Au ust 1979. /s/ Dirk West DIRK WEST, MAYOR /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer ^- APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Asst. City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK N KNOW ALL MEN BY THESE PRESENTS: WHEREAS, on the 15th day of March A.D., 1979 Hoyt Rachels and (wife) Deborah Rachels of the County of Lubbock , State of Texas, did execute, acknowledge and deliver to the City of Lubbock, Texas a certain contractual agreement and lien upon and against certain real property and improvements, if any, thereon for waterpro-rata described as follows, to -wit: Lot 11, Block 8 Meadowbrook Villa Addition Which said agreement and lien is of record in Volume 173 on page 818 of the Mechanics Lien Records of Lubbock County, Texas, to which instrument reference is here made; and WHEREAS, said debt, lien and obligations secured thereby have been fully paid off and satisfied to the said City of Lubbock, Texas, the legal and equitable holder and owner of such debt, obligation and lien; NOW THEREFORE: In consideration of the premises, of the payment of such debt and obligations, and other good and valuable cash consideration, the receipt of which is hereby acknowledged, the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, has this day, and do by these presents, RELEASE, DISCHARGE, AND QUIT- CLAIM unto the said Ho t Rachels and (wife) Deborah Rachels and .64 79-384 464-833 (37-B) their Heirs (successors) and assigns, the contractual lien heretofore existing upon the above described premises under and by virtue of the above described instrument, and declare such lien fully released and cancelled. EXECUTED This 9th day of August , 19 79 THE CITY OF LUBBOCK, TEXAS By: Ls/Dirk West_ Dirk West, Mayor ATTEST: APPROVED AS TO FORM: /s/ Evelyn Gaffga Evelyn Gaffga City Secretary -Treasurer THE STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ Donald G. Vandiver Assistant City Attorney APPROVED: /s/ Charles Northington Charles Northington Chief Accountant BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared DIRK WEST known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 9th day of August , A.D. 1979 /s/ Jackie Suter Notary Public, Lubbock County, Texas Resolution No. 239 A resolution authorizing the Mayor to execute a Release of Lien to Samuel P. Wood and wife on Lot 9 Block 30 Carter Coffey Addition for payment.of water and sewerpro-rata lien. DGV:hw RESOLUTION WHEREAS, the liens for water pro rata and sewer pro rats on the prope of Samuel P. Woody and wife, Barbara has been paid in full, 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 !I directed to execute for and on behalf of the City of Lubbock a release of lien to Samuel P. Woody and wife, Barbara, attached herewith which shall be spreah 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 9th d; ATTEST: /s/ Evel3M Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver _ Donald G. Vandiver " First Asst. City Attorney J I r L r 6- 495 9I THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § WHEREAS, on the 11th day of March A.D., 19 63 Samuel P. Woodv and (wife) Barbara Woodv of the County of Lubbock , State of Texas, did execute, acknowledge and deliver to the City of Lubbock, Texas a certain contractual agreement and lien upon and against certain real property and improvements, if any, thereon for sewerpro-rata described as follows, to -wit: Lot 9, Block 30, Carter Coffey Addition Which said agreement and lien is of record in Volume 120 , on page 331 of the Mechanics Lien Records of Lubbock County, Texas, to which instrument reference is here made; and WHEREAS, said debt, lien and obligations secured thereby have been fully paid off and satisfied to the said City of Lubbock, Texas, the legal and equitable holder and owner of such debt, obligation and lien: NOW THEREFORE: In consideration of the premises, of the payment of such debt and obligations, and other good and valuable cash consideration, the receipt of which is hereby acknowledged, the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, has this day, and do by these presents, RELEASE, DISCHARGE, and QUIT- CLAIM unto the said Samuel P. Woody and (wife) Barbara Woody and their Heirs (successors) and assigns, the contractual lien heretofore existing upon the above described premises under and by virtue of the above described instrument, and declare such lien fully released and cancelled. EXECUTED this 9th day of August _ , lg 79 ATTEST: /s/ _ Evelyn Gaf€ga Evelyn Gaffga City Secretary -Treasurer THE STATE OF TEXAS § COUNTY OF LUBBOCK § THE CITY OF LUBBOCK, TEXAS BY:,/s/ Dirk West DIRK WEST, Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver Assistant City Attorney APPROVED: /s/ Charles Northington Charles Northington Chief Accountant BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared DIRK WEST known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 9th day of August , A.D., 1979 /s/ Jackie Suter Notary Public, Lubbock County, Texas Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Resolution No. 238 and No. 239. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 466 79-38(466-834 (38) 79-38iL466-835 (39) 79-38E466-836 (40) 79-380-466-837 (41) 79-38k- 466-838 (42) 79-30-466-839 (43) 79-38L466-840 (44) 79-38L466-841 (45) 79-38466-842 (46) _Consider a resolutionauthorizing_ the Mayor to execute_ contracts for various audits. This item was deleted and will be placed on the August 23, 1979 Regular Agenda. Claims against the City. Claim No. 79-C-312--G. Michael Gawley--$50 for property damage. Claim No. 79-C-302--Gary Brust--personal injury. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to DENY the above referenced claims. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Bid No. 5422 for heating and cooling units. (Fire Station No. 4) (CDBG Funds) Low Bidder Bruce Thorton, Lubbock Bid No. 5428 for industrial power sweeper. (Auditorium -Coliseum) Low Bidder G. H. Tennant Company, Grand Prairie, Texas Bid No. 5441 for air switches. (Warehouse Stock) Low Bidder Fields & Company, Lubbock Bid No. 5437 for plastic conduit. Warehouse Stock) Low Bidder Temple, Inc., Lubbock Bid No. 5449 for tax forms. (Tax Department) Low Bidder Moore Business Forms, Inc., Lubbock Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to approve the above referenced bids. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider the ap2ointment to the URBAN RENEWAL Davis appointed July 12 1979 to fill the un Malouf, has declined the a220intment. Mrs. Anita Bass 2514 - 57th, 795-2235 ENCY. Mrs. Edwena ired term of Eleanor Term: 8/9/79 - 11/26/79 to fill the unexpired term of Eleanor Malouf Consider four - ointments to the AIRPORT BOARD. The terms of Dr. Llo d M. Garland Fred H. Timberlake and Geor a Miller ex ire 8/11/79• the term of RoyMontelon o will expire 8/11/80. Mr. Montelongo is moving out-of-state. Dr. Lloyd Garland, reappointed for 3-year term 8/9/79 - 8/11/82 3601 - 21st, 792-3232 (Bus) 2108 Topeka, 795 -9916 (Res) Mr. Fred H. Timberlake, reappointed for 3 years 8/9/79 - 8/11/82 1105 - 15th, 762-0281 (Bus) 3402 Manioca Rd., 763-1409 (Res) George Miller, reappointed for 3-year term 8/9/79 - 8/11/82 P.O. Box 841, 763-3471 (Bus) - Texas Commerce Bank 3213 - 43rd, 799-3803 (Res) Vilsen Salinas, Attorney, to fill the unexpired term of Roy Montelongo 8/9/79 - 8/11/80 1811 Broadway, 763-9551 (Bus) 3501 - 76th, 797-5624 (Res) Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve the above referenced appointments. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. L L L The Council recessed at 2:10 p.m. for an Executive Session previously announced, to be followed by a Work Session. There being no further business, the motion was made by Councilman McAlister, seconded by Councilman Aderton to adjourn at 5:10 p.m. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ATTEST: CITY SEC AR -TREAS READ AND APPROVED THIS THE 23rd DAY OF August 1979. ATTEST: CITY SEC RE ARY- REASURER 61/