HomeMy WebLinkAboutMinutes - City Council - Regular - 10/11/1979OCT 1 r 19
REGULAR CITY COUNCIL MEETING
OCTOBER 11, 1979
The City Council of the City of Lubbock, Texas, met for its regular
meeting on Thursday, October 11, 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
79-38d597-1048
The invocation was given by Sam Wahl, Director of Water Utilities.
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79-38&-597-1049
The Pledge of Allegiance to the Flag was given in unison by those present
( 2)
in the Council Chambers.
' 79-381597-1050
Approval of Minutes - Regular City Council Meeting, September 27, 1979
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to approve the above referenced minutes. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
79-381597-1051
Citizen Appearances
{ 4)
Board Appointments
Linda McGowan Urban Design Commission
Joe Cayer Urban Design Commission
Tovita Darow Human Relations Commission
Proclamations
Red Day - October 13, 1979, presented by Councilman McAlister
Receiving: Rhett Year
Wes Huff
Pilot Club International Week - October 14-20, 1979, presented
by Mayor Pro Tem Henry
Receiving: Ella Mae Dever
Forget -Me -Not Days - October 19 and 20, 1979, presented by
Councilman Aderton ( Disabled Veterans)
Receiving: Sid Akins
P. C. Mooney
Errol Foote
National Business Women's Week - October 21-27, 1979, presented
by Councilwoman Jordan
Receiving: Mrs. Jones
National Tole and Decorative Painting Week - October 21-28, 1979,
presented by Mayor Pro Tem Henry
Receiving: Jean Miller
.+uuy oprene
Beta Sigma Phi Week - October 22-29, 1979, presented by Councilman
McAlister
Receiving: Brenda Wynn
Sandy Wall
Rodeo Week, presented by Mayor Pro Tem Henry
Airman of the Month
Airman First Class Joseph T. Beach - Month, of September, 1979,
presented by Mayor Pro Tem Henry
Councilwoman Jordan proclaimed Kenneth May, of the Lubbock
Avalanche -Journal "Honorary Weed Eater" making a special
presentation to him.
:no
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such matters between the City and Civic Lubbock.
ATTEST: CITY OF LUBBOCK
/s/ Evelyn Gaffga BY: /s/ Dirk West
City Secretary -Treasurer
DIRK WEST, MAYOR
APPROVED AS TO CONTENT: CIVIC LUBBOCK, INC.
BY: /s/Joan Baker
Jim Weston irector of Community Facilities President
APPROVED AS TO FORM: ATTEST:
/s/Vicki Key
/s/ Leon Bean
Assistant City Attorney
I I
This agreement is to formalize the operations between the City of Lubbock
and Civic Lubbock, Inc., which has been exercised at least partially
on an informal basis in the past. Two primary changes from the past
arrangement are proposed:
1. Civic Lubbock will be required to pay the City 5% of the
gross concession sales from the Civic Center/Auditorium-
Coliseum.
2. Civic Lubbock would pay the regular non-commercial building
rental rates for events that it sponsors or co-sponsors.
The proposed agreement states that Civic Lubbock is granted a license 1
for all food, beverage and other concession sales at the Auditorium -
Coliseum and the Civic Center. Civic Lubbock is charged with the responsi-
bility of promoting the cultural, educational and entertainment welfare
of the community; Civic Lubbock may not donate any cash directly or
indirectly to any group or individual; however, Civic Lubbock, as a sponsor
or co-sponsor of an event, may donate the use of all or part of the facility.
by paying the regular non-commercial building rental; Civic Lubbock would
be allowed to use the facilities for board meetings and similar activities
rent free; and provides that at the City's option, Civic Lubbock may be
authorized to make certain capital expenditures for improvements to the
Civic Center and Auditorium -Coliseum.
Ms. Baker indicated that the contract would be effective October 1, 1979; she
would call specific reference to Section 5 of the agreement with respect
to the Board's authority to make capital improvements with Council approval;
that 5% of the gross sales from the concession sales resulted in $16,162
last year.
Members of the Council expressed the need for the percentage to be increase!
to 10% of gross sales, to which Ms. Baker's response was that in light
of the fact that Civic Lubbock will be paying the non-commercial rental
rate for those activities in which it participates, it is the Board's
point of view that this compensates for any increase in the percentage j
of gross sales to be channeled to the City. Additionally, the 5% is 1
paid to the City on a regular basis, i.e. as the gross sales are computed
and not as an annual year-end basis, and an increase in said percentage
would restrict Civic Lubbock from promotional and developmental activities
throughout the year; that the purpose of Civic Lubbock is to provide
cultural and educational entertainment to the community for which the
City gets any surplus, most events being of a non-profit making venture.
To impose an increase in the percentage would restrict the organization
promotional activities.
In the discussion that followed, it was indicated that a proposed annual
budget is not currently on file with the City, nor has it been the policy
of the organization to do so, to which the Council expressed their desire
for this procedure to be implemented from a business point of view as
well as from a legal point of view. It was also commented upon that
this agreement is in no way in conflict with the charter of Civic Lubbock,
Inc. Additionally, it was recommended that detailed bookkeeping records
be kept on all activities and all sales and receipts and disbursements.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass Resolution No. 285 authorizing the agreement between the City
and Civic Lubbock, Inc. with the understanding that an amendment to the
agreement concerning the filing of annual budget be required will be
considered at the Regular City Council Meeting on October 25, 1979. Motion
carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; Mayor Pro Tem Henry voting Nay.
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79-38401-1055
(4D)
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79-38601-1056
(4E)
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Mr. Jimmy Littlefield on
a 25' setback variance in
Main St. and Avenue H).
ehalf of Lubbock National Bank to appear to request
parking area (located at the Northwest corner of
This request involves a variance on the visibility triangle requirements
of our ordinances; the visibility triangle is a triangle created by measuring
25' down intersecting property lines at corner intersections. The ordinance
requires that no plants or objects above the height of 2 1/2' above curb
height be placed in the triangle and to allow proper site clearance for
automobiles approaching intersections. The ordinances involved are No. 5309
and Zoning Ordinance No. 7084.
In the past, this visibility triangle requirement has been waived for
Lubbock National Bank at the corner of Texas and Main, and at the corner
of 10th and Avenue J. At the corner in question, Avenue H and Main, there
is a traffic signal and Main is a one-way street east. In the future
when Avenue H is converted to a one-way street north, the visibility
triangle will not be a problem.
The motion was made by Councilman McAlister, seconded by Councilman Aderton
to grant visibility triangle variance to Lubbock National Bank, as requested.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
Resolution No. 286
Representative of FamilX Services Association to ap2ear to request a
resolution for support for &rant funds for the Association.
RESOLUTION
WHEREAS, the Family Service Association desires to obtain a funding grant
so that it may provide services to divorcing parents of children six years of
age and younger; and
WHEREAS, it is necessary for the obtaining of such state funding that the
City Council of the City of Lubbock recognize and approve the Family Service
Association as a community service organization; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
THAT the Family Services Association is hereby recognized as an appropriate
community service organization to apply for funds through the Division of
Early Childhood Development of the Texas Department of Community Affairs.
Passed by the City Council this Ilth day of October 1979.
/s Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff3,a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, Administrative Assistant
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
Ms. Margaret Elbow, Executive Director of Family Services Association,
appeared on behalf of the organization to request a resolution from
the City Council "verifying the eligibility and appropriateness of the
Family Services Association to apply for funds available through the
Division of Early Childhood Development of the Texas Department of
Community Affairs." The grant is to provide funds for the family services
staff to counsel divorcing parents of children 6 years of age and younger,
said counseling services available in both English and Spanish. The
resolution does not involve the City of Lubbock funds, nor does it obligate
the City in any way or cause the City to be responsible for the agency's
)2
actions; it is merely to serve as an endorsement to the program and is
a requirement for funding by TDCA. Our Community Services Department works;
very closely with this agency and endorses its overall program.
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to pass Resolution No. 286 endorsing the Family Services Association's
eligibility for grant funds. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay. ;I
79-38402-1057 Ordinance No. 7935
( 5)
79-38F 602-1058
( 6)
ro riation ordinance from Water Capital Projects Fund for the
tion and testing of construction at Pump Station No. 10.
FORM L-2 ORDINANCE NO. 7935
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is
necessary to appropriate certain specific funds for an approved
project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described
fund, to -wit: Water Capital Project Fund
The sum $ 26,280.00
For the following purpose: Inspection and testing during construction
of Pump Station #10 and reservoir.
AND IT IS SO ORDERED
Passed by the Council on first reading this 27th day of September ,
Passed by the Council on second reading this llth day of October �^
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ATTEST:
/s Evelyn Gaff a
CITY SECRETARY -TREASURER
t
79.
979.
YOR
VERIFIED BY: /s/ Sterling K. Miller
FINANCE OFFICER
APPROVED BY: /s/ Wilford D. Watson
HEAD OF DEPT. DEPT.
Ordinance No. 7937
An appropriation ordinance from General Capital Project Fund for costs
incurred with respect to the sale of the General Obligation Bonds 1979
Series.
ORDINANCE NO. 7937
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary
to appropriate certain specific funds out of bond funds for an approved
project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund,
to -wit: General Capital Project
The sum $39,170.00
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79-384 603-1059
( 7)
79-34603-1060
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For the following purpose:
Financial advisory fees, bond attorney fees, bond rating and bond printing
costs, CUSIP numbering:
Waterworks 69.6%
Sewer Improvements 8.3%
St Street Improvements,
Lighting and Signalization 17.3%
Fire Station Buildings and
Sites 4.8%
100.0%
AND IT IS SO ORDERED
Passed by the Council on first reading this 27th day of_Sep_tember, 1979.
Passed by the Council on second reading this llth day of October , 1979.
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
VERIFIED BY:
/s/ Sterling K. Miller
FINANCE OFFICER
APPROVED AS TO CONTENT:
/sl Wilford D. Watson
Wilford D. Watson, Engineering Department
APPROVED AS TO CONTENT:
/s/ Thomas P. Foster
Thomas P. Foster, Fire Chief
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
Ordinance No. 7924 - Zone Case No. 1542-F
Request of John H. Hamblen to change part of Tract F and part of Tract
G. South Park Addition City of Lubbock Lubbock County,Texas from
AM to C-2A Zoning District (located at 4432 Southwest Loop 289) subject
to the following conditions: that it be limited to offices and AM uses.
LGB:pc
ORDINANCE NO. 7924
AN ORDINANCE AMEDNING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE N0. 1542-F;
CHANGE A TRACT OF LAND OUT OF TRACTS "F" AND "G", SOUTHPARK ADDITION, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AM TO C-2A ZONING DISTRICT; PROVIDING FOR
A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Ordinance No. 7925 - Zone Case No. 1750-D
Request of Edwin L. Gunn (for Bowden Enterprises)_ to change a tract of
land out of Section 10 Block E-2 City of Lubbock Lubbock County, Texas
from AM to C-2A Zoning District (located at 4801 - 66th Street) subject
to the following condition: that it be limited to offices and AM uses.
LGB:pc
ORDINANCE NO. 7925
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. 1750-D;
CHANGE A TRACT OF LAND OUT OF SECTION 10, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM AM TO C-2A ZONING DISTRICT; PROVIDING FOR A PENALTY AS
PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
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79-3d 604-1061
( 9)
79-30-604-1062
(10)
79-384 04-1063
(11)
79-38L604-1064
(12)
Ordinance No. 7926 - Zone Case No. 2252
IE
Request of Thomas L. Williams to change Lot 2, Raymond Painter Addition,
City_of Lubbock, Lubbock County, Texas from R-1 to AM ZoninS District
(located at 3423 - 22nd Place).
LGB:pc
AN ORDINANCE AMENDING ZONING ORDINANCE NO.
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING
CHANGE LOT 2,-RAYMOND PAINTER ADDITION, CITY OF
TEXAS, FROM R-1 TO AM ZONING DISTRICT; PROVIDIN
IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SA
PUBLICATION.
Ordinance No. 7927 - Zone Case No. 2253
ORDINANCE NO. 7926
G
7084 AND THE OFFICIAL MAP 09
CHANGES: ZONE CASE NO. 225�;
LUBBOCK, LUBBOCK COUNTY,
FOR A PENALTY AS PROVIDED FOR
VINGS CLAUSE AND PROVIDING F6R
Request of John Key for Lonnie Hollingsworth) for a Specific Use
Zone Chan a from C-3 to C-3 Specific Use Permit under 2rovisions of
Section 22.3-13 of the Zonina Ordinance for a veterinary hos 1tal on
Lots 1 - 6 Block 4 Hillcrest Resubdivision, City of Lubbock, Lubbock
LGB:pc ORDINANCE NO. 7927
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. 2253;
CHANGE LOTS 1 THROUGH 6, BLOCK 4, HILLCREST RESUBDIVISION, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT TH
ON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE:,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. II
Ordinance No. 7928 - Zone Case No. 1721-A
Re uest of Susan E. Nash to change the West 70' of Lots 202 and 203, Mi,
Park Addition City of Lubbock Lubbock County,Texas from R-2 to R-1
Zoning District (located at 5212 - 30th St.).
LGB:pc ORDINANCE NO. 7928
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP O�jI
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 17211-A-
CHANGE THE WEST 70 FEET OF LOTS 202 AND 203, MIDWAY PARK ADDITION, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO R-1 ZONING DISTRICT: PROVIDING R
A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE: PROVIDING A SAVIIS
CLAUSE AND PROVIDING FOR PUBLICATION. li
Ordinance No. 7929 - Zone Case No. 2254
Request of Robert L. Gibson (for Yellowhouse Canyon Addition Community_
Association) to change a tract of land out of Sections I and 10 Block
S City of Lubbock Lubbock Count Texas from T to R-1 Zonin District
(located East of Peach Avenue and North of 66th St.).
LGB:pc ORDINANCE NO. 7929
AN ORDINANCE AMENDING ZONING ORDINANACE NO. 7084 AND THE OFFICIAL MAP O�
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2254;
CHANGE A TRACT OF LAND OUT OF SECTIONS 1 AND 10, BLOCK 5, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS FROM T TO R-1 ZONING DISTRICT: PROVIDING FOR A PENALTY AS
PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE: PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION. iI
79-3&1604-1065 Ordinance No. 7930 - Zone Case No. 1058-G
(13)
Request of Safeway Stores Inc. (for United States Steel and Carne ie
Pension Fund Inc.) to change the South 157.5' of Lot A Live Oak
Addition City of Lubbock Lubbock Count Texas from R-3 to C-2
ZoningDistrict (located at 6411 Indiana Avenue).
LGB:pc
ORDINANCE NO. 7930
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES:
CHANGE THE SOUTH 157.5 FEET OF LOT A, LIVE OAK ADDITION,
COUNTY, TEXAS, FROM R-3 TO C -2 ZONING DISTRICT; PROVIDING
PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A
PROVIDING FOR PUBLICATION.
THE OFFICIAL MAP OF
ZONE CASE NO. 1058-G;
CITY OF LUBBOCK, LUBB
FOR A PENALTY AS 11
SAVINGS CLAUSE AND
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79-38A 605-1066
(14)
79-384-605-1067
(15)
Ordinance No. 7931 - Zone Case No. 2256
Request of the City of Lubbock to change a tract of land out of Section
41 Block A City of Lubbock Lubbock County, Texas from T to M-2
Zoning District located North of Municipal Drive and West of Olive
Avenue).
LGB:pc
ORDINANCE NO. 7931
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES:
CHANGE A TRACT OF LAND OUT OF SECTION 41, BLOCK A, CITY
COUNTY, TEXAS, FROM T TO M-2, ZONING DISTRICT; PROVIDING
PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE: PROVIDING
PROVIDING FOR PUBLICATION.
Ordinance No. 7932 - Zone Case No. 1266-F
THE OFFICIAL MAP OF
ZONE CASE NO. 2256
OF LUBBOCK, LUBBOCK
FOR A PENALTY AS
A SAVINGS CLAUSE AND
Appeal of Bill Cox (for Q. S. Corporation) to change Lots 411 412 413
Alford Terrace Addition CitX of Lubbock Lubbock County, Texas to delete
conditions of Ordinance No. 7336 (located at 5203, 5205 and 5207 - 13th St
LGB:pc
ORDINANCE NO. 7932
AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK: ZONE CASE
NO. 1266-F, CHANGE LOTS 411, 412 AND 413, ALFORD TERRACE ADDITION, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, BY DELETING THE CONDITIONS SET THEREON IN
ORDINANCE NO. 7336; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE
CITY CODE, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
79-384-605-1068 Ordinance No. 7933
(16)
An ordinance amending Article V Section 28-84 of the Lubbock City Code
!_7-1--- ----' .- .. .
J WF:cl ORDINANCE NO. 7933
AN ORDINANCE AMENDING SUBPARAGRAPHS (A), (B), AND (C) OF SECTION 28-84 OF
THE LUBBOCK CITY CODE SO AS TO COMBINE THEM INTO ONE NEW SUBPARAGRAPH (A) OF
SAID SECTION 28-84 AND REVISING THE PARTICIPATION OF THE CITY IN THE COSTS OF
ALLEY PAVING PROJECTS AS HEREIN SET FORTH; PROVIDING FOR PUBLICATION AND
EFFECTIVE DATE OF THIS ORDINANCE.
79-38¢605-1069 Ordinance No. 7938
(17)
An ordinance designating Avenue H and Texas Avenue as one-way streets
from 4th Street South to a oint North of 30th Street.
AN ORDINANCE DESIGNATING THAT PORTION OF AVENUE H FROM THE NORTH SIDE OF
30TH STREET TO 4TH STREET FOR NORTHBOUND TRAFFIC AND DESIGNATING THAT PORTION
OF TEXAS AVENUE FROM THE SOUTH SIDE OF 4TH STREET TO THE JUNCTION OF TEXAS
AVENUE AND AVENUE H JUST NORTH OF 30TH STREET; PROVIDING FOR SIGNS TO INDICATE
THAT SAID PORTIONS ARE ONE-WAY; PRESCRIBING A PENALTY AS PROVIDED IN SECTION 1-
5 OF THE CITY CODE; PROVIDING FOR PUBLICATION AND PROVIDING FOR A SAVINGS
CLAUSE.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass Ordinances No. 7935, 7937, 7924, 7925, 7926, 7927, 7928, 7929,
7930, 7931, 7932, 7933, and 7938 on second and final reading. Motion carried:
Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
79-384 05-1070
Ordinance No. 7910
(18)
An ordinance to abandon and close an underground utilityeasement located
in Ridgewood II Addition
JWF:hw
ORDINANCE NO. 7910
AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT LOCATED
IN RIDGEWOOD II ADDITION AND MORE
PARTICULARLY DESCRIBED HEREINAFTER IN THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY OF
LUBBOCK TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION.
79-38# 605-1071
Resolution No. 287
(18A)
A resolution authorizin the Ma or to execute a quit Claim Deed in connection
with Ordinance No. 7910 referenced
above.
;06
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Quit Claim Deed in favor of Kenneth P. Flagg, 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_ llth day of October , 1979.
/si Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ J. Worth Fullin im
J. Worth Fullingim, Asst. City Attorney
APPROVED AS TO CONTENT:
/s/
Tom Nivens, Right-of-way Ageny
QUIT CLAIM DEED
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of
Lubbock, State of Texas, for and in consideration of the sum of ONE AND
N0/100 (1.00) DOLLAR and other good and valuable consideration to it in
hand paid by KENNETH P. FLAGG, hereinafter called "GRANTEE," the receipt
of which is hereby acknowledged, does hereby by these presents ABANDON,
DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the the said GRANTEE, all its
right title and interest in and to that certain tract or parcel of land lying
and being situated in the County of Lubbock, State of Texas, described as
follows, to wit:
All that certain underground utility easement located in the
South 5.00 feet, Lot 98, Ridgewood II Addition to the City of
Lubbock, Lubbock County, Texas.
TO HAVE AND TO HOLD the same premises together with all and singular
the rights, privileges and appurtenances thereto in any manner belonging
unto the said GRANTEE, its successors and assigns forever, so that neither
the GRANTOR, City of Lubbock, its successors or assigns, nor any persons
claiming under it shall at any time hereinafter have, claim or demand any
right to the title to the aforesaid premises or appurtenances or any
part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this llth day of October ,
1979.
ATTEST:
/s/ Eveln Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Dirk West
DIRK WEST, MAYOR
APPROVED AS TO FORM:
/s/ /s/ J. Worth Fullingim
Tom Nivens, Right -of -Way Agent Asst. City Attorney
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79-34 607-1072
(19)
79-30-607-1073
(19A)
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared DIRK WEST, known to me to be
the person whose name is subscribed to the foregoing instrument and acknow-
ledged to methat he executed the same as the act and deed of the CITY OF LUBBOCK
and as MAYOR, for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this llth day of October ,
1979.
/s/ Jackie Suter _
Notary Public, Lubbock County, Texas
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass Ordinance No. 7910 on second and final reading, and to pass Resolution
No. 287 granting Quit Claim Deed to Kenneth P. Flagg. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
Ordinance No. 7934
An ordinance to abandon and close a lift station easement in Lot 1 Camelot
Addi ti nn .
JWF:pc
ORDINANCE NO. 7934
AN ORDINANCE ABANDONING AND CLOSING A LIFT STATION EASEMENT LOCATED IN LOT
1, CAMELOT ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT
SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION.
Resolution No. 288
A resolution authorizing the Ma or to execute a 2uit Claim Deed in connection
with Ordinance No. 7934 referenced above.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed
in favor of Tri Star Investments, a partnership 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 llth day of October
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Tom Nivens
lom Nivens, Right of Way Agent
FI APPROVED AS TO FORM:
s
J. Worth Fullingim
_
J. Worth Fullingim, Assistant City Attorney
1979.
Im
n a' T
QUITCLAIM DEED
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK §
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of 11
Lubbock. State of Texas, for and in consideration of the sum of ONE AND NO/100
($1.00) DOLLARS and other good and valuable consideration to it in hand paid by
Tri Star Investments, a partnership hereinafter called "GRANTEE", the receipt
of which is hereby acknowledged, does hereby by these presents ABANDON,
DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its
right title and interest in and to that certain tract or parcel of land
lying and being situated in the County of Lubbock, State of Texas, describedl
as follows, to -wit:
A Lift Station Easement out of Lot 1, Camelot Addition to the City
of Lubbock, Lubbock County, Texas, being more particularly described as
follows:
BEGINNING in the Northwest corner of Lot 1, Camelot Addition;
THENCE East a distance of 25.00 feet;
THENCE South a distance of 35.00 feet;
THENCE West a distance of 25.00 feet;
THENCE North a distance of 35.00 feet to the PLACE OF BEGINNING.
TO HAVE AND TO HOLD the same premises together with all and singular
the rights, privileges and appurtenances thereto in any manner belonging
unto the said GRANTEE, its successors and assigns forever, so that neither
the GRANTOR, City of Lubbock, its successors or assigns, nor any persons
claiming under it shall at any time hereinafter, have, claim or demand
any right to the title to the aforesaid premises or appurtenances or any
part thereof.
1979.
WITNESS MY HAND AT LUBBOCK, TEXAS this llth day of October
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evel n Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullin im
J. Worth Fullingim, Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared Dirk West, Mayor,
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the act
and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 11th day of October
1979. - - -
/s/ Jackie Suter
Notary Public, Lubbock County, Texas
C
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79-4 609--1074
(20)
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79-384609-1075
(20A)
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The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass Ordinance No. 7934 on second and final reading, and to pass Resolution
No. 288 granting Quit Claim Deed to Tri Star Investments, a partnership.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
Ordinance No. 7861
An ordinance to abandon and close Meadow Drive between Sunset Lane and
Yucca Lane and the alley in Block 1 Valley View Addition.
JWF:cl
ORDINANCE NO. 7861
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET AND
ALLEY: A PORTION OF STREET KNOWN AS MEADOW DRIVE BETWEEN SUNSET LANE AND YUCCA
LANE, AND A PORTION OF ALLEY KNOWN AS ALL OF THE ALLEY IN BLOCK 1, VALLEY VIEW
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK
THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT
OF THAT CERTAIN ALLEY AND STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Resolution No. 289
A resolution authorizing the _Mayor to execute a Quit Claim_ Deed in connection
with Ordinance No. 7861, referenced above
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed
in favor of Kathryn C. Hood and R.J. O'Hair, 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 llthday of October lg 79
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
A PPROVED AS TO FORM:
/s/ J. Worth Fullin im
J. Worth Fullingim, Assistant City Attorney
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right of Way Agent
T HE STATE OF TEXAS
COUNTY OF LUBBOCK
QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS:
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of
Lubbock, State of Texas, for and in consideration of the sum of ONE AND
N0/100 ($1.00) DOLLARS and other good and valuable consideration to it
in hand paid by KATHRYN C. HOOD and R. J. O'HAIR, hereinafter called
"GRANTEE",.the receipt of which is hereby acknowledged, does hereby by
these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto
the said GRANTEE, all its right title and interest in and to that certain
tract or parcel of land lying and being situated in the County of Lubbock,
State of Texas, described as follows, to -wit:
Unto Kathryn C. Hood the following portions of alley and street,
to -wit.
Alley: BEGINNING at the Northwest corner of Lot 33, Block 1,
Valley View Addition to the City of Lubbock, Lubbock County,
A0
Texas, for the Northeast and beginning corner of this tract,
whence the Southwest corner of Section 78, Block A, bears
South 2477.48 feet and West 4913.31 feet;
THENCE South 00 21' 00" East a distance of 204.00 feet to
the P. C. of a curve to the right;
THENCE Southwesterly along the are of a curve to the right,
an arc distance of 33.90 feet to the Southwest corner of Lot
31, Block 1, Valley View Addition, .for the Southeast corner of
this tract, said curve has a radius of 2574.82 feet, a central
angle of 0° 45' 16" and a chord that bears South 0° 01' 38"
West a distance of 33.90 feet;
THENCE North 89° 35' 51" West a distance of 10.00 feet to a
point for the Southwest corner of this tract;
THENCE Northeasterly along the are of a curve to the left an
arc distance of 33.67 feet to the end of said curve, said curve
has a radius of 2564.82 feet, a central angle of 0° 45' 08" and
a chord that bears North 0° 01' 40" East a distance of 33.67 feet;
THENCE North 0° 21' 00" West a distance of 74.00 feet to a point
in the centerline of said alley for a corner of this tract;
THENCE South 89° 37' 00" West a distance of 10.00 feet to the
Southeast corner of Lot 1, Block 1, Valley View Addition, for
a corner of this tract;
THENCE North 0° 21' 001' West a distance of 130.00 feet to a
point, the Northeast corner of Lot 1, Block 1, Valley View
Addition, for the Northwest corner of this tract;
THENCE North 890 37' 00" East a distance of 20.00 feet to the
PLACE OF BEGINNING. Containing 0.08 acres.
Street: The East ] of Meadow Drive, lying adjacent to Lot 1,
Block 1, Valley View Addition to the City of Lubbock, Lubbock
County, Texas, being more particularly described as follows:
BEGINNING at a point in the South line of Yucca Lane, being
the East -Northwest corner of Lot 1, Block 1, Valley View
Addition, for the beginning corner of this tract, whence the
Southwest corner of Section 78, Block A bears South 2475.9
feet and West 4678.31 feet;
THENCE Southwesterly along the arc of a curve to the left, an
arc distance of 47.11 feet to the P. T. of said curve, said
curve has a radius of 30.00 feet, a central angle of 890 58' 00"
and a chord that bears South 440 38' 00" West 42.41 feet;
THENCE South 00 21' 00" East 100.00 feet to a point for the
Southeast corner of this tract, said point also being the
Southwest corner of Lot 1, Block 1, Valley View Addition;
THENCE South 89° 37' 00" West 30.00 feet to a point for the
Southwest corner of this tract;
THENCE North 00 21' 00" West 130.00 feet to a point for the
Northwest corner of this tract;
THENCE North 890 37' 00" East 59.98 feet to the PLACE OF
BEGINNING. Containing 0.09 acres.
Unto R.J. O'Hair the following portions of alley and street,
to -wit:
Alley: All of the alley in Block 1, Valley View Addition
to the City of Lubbock, Lubbock County, Texas,
less that portion Quit Claimed to Kathryn C. Hood, above.
Street: All of Meadow Drive between Block 1 and Block 7,
Valley View Addition to the City of Lubbock, Lubbock
County, Texas,less that portion Quit Claimed to
Kathryn C. Hood, above.
TO HAVE AND TO HOLD the same premises together with all and singular
the rights, privileges and appurtenances thereto in any manner belonging
unto the said respective GRANTEES as above indicated, their respective
heirs and assigns forever, so that neither the GRANTOR, City of Lubbock,
its successors or assigns, nor any persons claiming under it shall at
[i
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F1
11
any time hereinafter, have, claim or demand any right to the title to
the aforesaid premises or appurtenances or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this llthday of October ,
19 79
/s/ Dirk West
DIRK WEST, MAYOR
A TTEST:
-Is/ Evelyn Gaf f a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
_/s/ J. Worth Fulli.n im
J. Worth Fullingim, Assistant City Attorney
x APPROVED AS TO CONTENT:
_/s/ Tom Nivens
Tom Nivens, Right of Way Agent
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared DIRK WEST, known to
me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same as the act and deed of
the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this llth
day of October 19 79
/s f Jackie Suter _
Notary Public, Lubbock County, Texas
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass Ordinance No. 7861 on second and final reading, and to pass Resolution
No. 289 granting Quit Claim Deed to Kathryn C. Hood and R. J. O`Hair.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
79-38-611-1076 Ordinance No. 7843
(21)
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An ordinance listingalleys and streets on the 1979 Paving Program.
hw
G.W.O. 10,976
ORDINANCE NO. 7843
ORDINANCE NO. 7843
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE
COST OF IMPROVING A PORTION OF THE FOLLOWING EAST -WEST AND NORTH -SOUTH ALLEYS
LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE EAST -WEST ALLEY ABUTTING
LOTS 603 THROUGH 615, CAPROCK ADDITION AND ABUTTING PARSONS ELEMENTARY
SCHOOL PROPERTY; THE EAST WEST ALLEY ABUTTING LOTS 142 THROUGH 152, PINK
PARRISH ADDITION, LOTS 81 THROUGH 110, INDIAN ACRES ADDITION, LOTS 185
THROUGH 2O2,MURRYHILL ADDITION AND 1 THROUGH 7, COMMERCIAL ADDITION; THE
EAST -WEST ALLEY ABUTTING LOTS 23 THROUGH 36, MELONIE GARDENS ADDITION;
THE NORTH -SOUTH AND EAST WEST ALLEY ABUTTING LOTS 347 THROUGH 366 AND TRACT
B, MELONIE PARK SOUTH ADDITION; THE EAST WEST ALLEY ABUTTING LOTS 1 THROUGH
16, BLOCK 6, LAMAR HEIGHTS ADDITION; THE NORTH -SOUTH AND EAST -WEST ALLEY
ABUTTING LOTS 629 THROUGH 645, MELONIE PARK ADDITION; AND INCLUDING A PORTION
OF THE FOLLOWING STREETS: WAYNE AVENUE, 79TH STREET, 80TH STREET, TOLEDO
AVENUE, KEMPER STREET, BOSTON AVENUE, EAST 46TH STREET AND 82ND STREET,
SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS
OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS
OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF
LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING
FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE
CERTIFICATIONS IN EVIDENCE THEREOF, ALLOCATING FUNDS. (SEE SECTION ONE
OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL.)
612
This ordinance includes the following list of streets and alleys to be
paved:
1. East west alley between 42nd and 43rd, from Indiana to
Hartford.
2. North -south, east west alley between Norwood and Norfolk,
from 68th Drive to Norfolk Avenue.
3. Wayne Avenue from 58th Street through 59th Street.
4. 79th Street from Boston Avenue to Akron Avenue.
5. 79th Street from Akron Avenue to University Avenue.
6. Toledo Avenue from 65th Street to 66th Street.
7. Kemper Street from Quaker Avenue to Salem Avenue.
8. Boston Avenue from 81st Street to 82nd Street.
9. East 46th Street from Locust Avenue to the railroad east
of Locust Avenue.
10. 82nd Street from Quaker Avenue to Slide Road.
11. 82nd Street from Quaker Avenue to Memphis Avenue.
The motion was made by Councilwoman Jordan, seconded by Councilman
McAlister to pass Ordinance No. 7843 on third and final reading.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
79-30-612 -1077 A 2ublic hearina to evaluate the condition of the private water system
(22) in Yellowhouse Canyon Addition.
JCR:cl
*Publishers Affidavit YELLOWHOUSE CANYON WATER SYSTEM
on page 612A
CITY COUNCIL OF THE CITY OF §
LUBBOCK, TEXAS, REGULATORY § ORDER
AUTHORITY §
In public hearing at the City Council Chamber of the City of Lubbock,
Texas, the City Council of the City of Lubbock, sitting as a public utility
regulatory authority, enters the following order applicable to the Yellowhouse
Canyon Water System, a water utility situated within the City of Lubbock, II
Texas:
1. That, pursuant to Sec. 29(a) of the Public Utility Regulatory
Act, the City Manager of the City of Lubbock, along with the
Director of Water Utilities of the City of Lubbock, are directed
to inspect and obtain copies of the papers, books, accounts,
documents, and other business records of the Yellowhouse Canyon
Water System, and to inspect the plant, equipment and other
property of the said utility; and
2. That, pursuant to Sec. 29(b)(1) of the Public Utility Regulatory
Act, the Director of Water Utilities or his designated agents
may enter on the premises of Yellowhouse Canyon Water System to
make inspections, examinations and tests in connection with
paragraph 1 of this Order; and
3. That, pursuant to Sec. 32 of the Public Utility Regulatory Act,
the Yellowhouse Canyon Water System is hereby ordered to file
not later than October 25, 1979, with this Authority all rates
presently in effect for the System and all past rate schedules
that have been in effect since the Yellowhouse Canyon Water
System came within the jurisdiction of this Authority.
Issued at Lubbock, Texas, on this 11th day of October, 1979.
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary --Treasurer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
/s/ Dirk West
DIRK WEST, MAYOR
Ir -
612A
OAT 1 1 1979
79-30612-1077
(22)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Theo W. Sage b i e I
a Notary Public in and for Lubbock County, Texas on this day
personally appeared J. C. Rickman It
Business Manager of the Southwestern Newspa-
f*t
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 - 60 wn rda (a 9-41t
Per wnrd= No. _A
J 9 386 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:
September 30. 1979
LUBBOCK AVALANCHE -JOURNAL
NOTICE OF PUBLIC HEARING
CE Is, hereby given that a
hearing will tie held October
Southwestern Newspapers Corporation
il at WOO A.M. In the cony
il Cnambers on the Second
01 the City Hell, Lubbock,
, for the purpose of consider-
e adequacy of the water sys-
Subscribed and sworn to before me this 18 t h day of October 19 79 n Yltlowhouse Canyon Addi-
terested persons arc Invited
YtoottendN GAand FFrG�ecretaryTreesurer
THIE644. SAGEBIEL
�otaF. Pubic in and for Lubbock County Texas
sv v Commission Expires April 14, 1981
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In accordance with Notice published September 30, 1979 in the Lubbock
Avalanche. -Journal, a public hearing was held on the above referenced matter.
This public hearing was held in response to a written request from Robert
Gibson, President of the Yellowhouse Canyon Community Association, on
behalf of the citizens of the Yellowhouse Canyon Addition, with respect
to the inadequacy of the water system in the Addition. The private water
system serving the Addition is a public utility as specified in Section
3-C, Subsection 4 of the Public Utilities Act, and falls under the
jurisdiction of the City of Lubbock's regulatory powers, as stated in
Section 3-C, Subsection 4, Section G of the PUC Act. The owner of the
water system is Mr. Travis Martin (Rt. 5, Box 346E -3A, Lubbock, Texas
79407).
Appearances: Mr. Robert Gibson, President
Yellowhouse Canyon Community Association
Otis Mc---(?)
Reuben Carow
Ruby Moore
Ms. Florence Collins
Mrs. Martha Gibson
Willie Barber
Edwin Gibson
Mrs. Emma Row
Willie Stewart
Cathy Stewart
Vernon Gibson
Mr. Washington
Ery Jones (Johns ?)
Jessie Barber
Mr. Gibson commenced the hearing giving a detailed historical outline
establishing a fact pattern of water outages, low pressure, improper billing,
defective meters, excessive water rates, unconcern for the residents in
the Addition, and the uncooperativeness and unresponsiveness on the part
of the owner. During his presentation, he indicated that problems date
back as far as 1976; that he had on more than one occasion been in contact
with the Public Utilities Commission in Austin regarding the situation;
that on occasion, conditions would improve when the owner was under undue
pressure from the residents resulting in correspondence with the Public
Utilities Commission. During his presentation, he submitted into evidence
a 1978 calendar reflecting the times, dates, and lengths of outages, low
pressure and sundry problems, said exhibit designated "Yellowhouse -
Exhibit No. 1"; he submitted a 1979 calendar reflecting the same data,
designated "Yellowhouse - Exhibit No. 2"; that on May 9, 1978, Mrs. Clark,
the former owner, notified the residents that she had sold the system
to Mr. Travis Martin, said Notice been designated "Yellowhouse - Exhibit
No. 3"; a letter from the PUC to Mr. Gibson dated August 21, 1978 responding
to his telephone complaint concerning the problems in the Addition, and
indicating the complaint had been forwarded to the company, said letter
being designated "Yellowhouse - Exhibit No. 4". Following his presentation,
the above referenced residents appeared commenting on the various problems
already cited as it relates to them personally during which several presented
bills reflecting excessive quantity of water being charged to their account,
erroneous late charges or overdue statements, said miscellaneous bills
being designated "Yellowhouse - Exhibit No. 5". One of the major complaints
from the residents was that Mr. Martin was unavailable and inaccessible,
as an example: he would indicate he would be at the "office" (pump house)
from 6 to 8 p.m. for the collection of payments and yet would not arrive
at 6, would not stay until 8, would not come at all, and related incidents.
The residents would then be charged for overdue accounts and on occasions,
service would be cut off. Additionally, testimony reflected that the
meter reading was erratic, and there were no records to reflect the computation
for which they were charged.
Mr. Martin then appeared to respond indicating he had purchased the system
on April 12, 1978 from Mrs. Clark, and the comments heard by the Council
were grossly exaggerated; that he had allowed ten days (first to the
tenth of each month) for payment of water statements and had been recently
been notified by the PUC that the period of time granted legally is 15
days and he intended to incorporate that additional time in his policy;
that there was excessive water tampering and locks broken to allow the
resident to turn on his own water; that without exception the service
had been discontinued for those who were more than 30 days in arrears
for payment of their bill; that the representative in the Addition,
Ben Andrews, was retained from Mrs. Clark as caretaker, but did not have
any decision making responsibilities nor was he responsible for collections.
Mr. Martin did indicate that the pressure was erratic when he first
purchased the system because he was unfamiliar with it and lacked knowledge
as to its operation, and did permit the system to become very sporadic
as related to pressure, repairs, and related matters.
Extensive discussion followed, rebuttal by both complaintants and owner,
questions from the Council with responses, some of which were very
emotional. It was noted that in response to Council query, Mr. Martin
;i 4
79-38L614-1078
(23A)
did indicate that the "office" constitutes a room in the pump house in
which there is located a desk and chair, but there is not located a
phone nor any filing cabinets; that his records are kept in a brief
case in his possession at all times; that there is no mail drop or
mailbox of any kind allowing residents to leave their payments at the
pump house "office" when he is not there; that he does not maintain
regular office hours due to full time employment elsewhere. When all
was said and done by all parties concerned, Mayor West declared the
hearing closed at 12:45 p.m.
Prior to minuted action by the Council, City Attorney John Ross suggested
the Council incorporate in the motion that an Order be prepared indicating
those sections of the Public Utilities Act in which Mr. Martin is in violation
as to his operation; that he immediately file with the regulatory authority
(the Council) a schedule of rates, rules and regulations affecting rates,
with respect to the water system in the Addition. Pursuant to his
recommendations, the motion was made by Councilman McAlister, seconded
by Mayor Pro Tem Henry directing Sam Wahl, Director of Water Utilities,
and City Manager Larry Cunningham to investigate each and every claim
made on this date to determine as soon as possible the validity of such
claims, said investigation to include the water pressure monitoring device
to be installed in the very near future; additionally, instructed the F
Legal Department to prepare an Order citing those sections of the Public
Utilities Act in which Mr. Martin is in violation, to include the require-
ment that a schedule of rates, and the rules and regulations affecting
the rates be filed with the City Council. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
The Council did instruct Mr. Ross to prepare additional documentation with
respect to the violation in accordance with the Public Utilities Act as
to Mr. Martin's maintaining a proper office, office hours, books and records
in accordance with the law, to be considered at the October 25, 1979 Regular
City Council Meeting.
t_eceive the report of the City Secre
two_petitions filed by the Lubhnrk F
LJ _LLLML6 A55L)ClaLlon I
UaiL 7l L) .
City Secretary Evelyn Gaffga reported that only Petition No. 1 (request
for 15% pay increase) had been completed; that Petition No. 2 (collective
bargaining issue) had not been completed due to a strict time frame and
the voluminous number of signatures to be validated and requested the
Council grant an extension for completion of the validation and tabulation
process.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
granting the City Secretary an extension to complete the validation and
the tabulation of Petition No. 2 (collective bargaining issue). Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Council-
men Aderton and McAlister voting Yea; none voting Nay.
This issue will be considered at the October 25, 1979 meeting.
The City Secretary then proceeded to read into the record her official
certified report with respect to Petition No. 1 (request of 15% pay increase).
filed by the Firefighters Association on September 24, 1979, said petition
being presented to the City Council at the Regular City Council Meeting on
September 27, 1979. The entire report is on file in the City Secretary's
Office; however, the statistical results reflect:
Total number of signatures on petition 9,601
Total
number of
signatures
illegible,
unidentifiable or invalid
914
Total
number of
signatures
appearing
as
Mr. & Mrs.
John Doe and Jane Doe
35
Total
number of
signatures
not registered
1,286
Total
number of
signatures
valid
7.366**
Upon completion of her report, the motion was made by Councilman Aderton,
seconded by Mayor Pro Tem Henry to accept the City Secretary's report on
Petition No. I (request of 15% pay increase). Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
11
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79-38a615-1079
(23B)
79-380615-1080
(23C)
79-388615--1081
(24)
79- 39615-1082
(25)
Hold a public hearin_& with respect to petition entitled "Firemen of the
City of Lubbock, Texas are hereby granted a fifteen .(15)_2ercent pay
increase for fiscal year 1979
Mr. Luther Dean, President, Lubbock Professional Firefighters Association,
appeared to request the Council give strong consideration to adopting
the ordinance as stated in the petition; that the problem was an economic
one and had increased since the petition drive commenced due to increased
inflation, and gave the department great concern as to the morale and
efficiency of the firefighters, and requested the Council's favorable action
on this matter. Mr. Dean did indicate that the National Labor Relations
Board quoted a national wage scale of $4.96 an hour for firefighters
nationally.
There being no opposition, Mayor West declared the hearing closed.
Consider proposal of Lubbock Firefighters Association reguesting 15%
pay increase for fiscal year 1979.
The motion was made by Councilman McAlister, seconded by Councilwoman
Jordan to DENY the proposal requesting the 15% pay increase for the
fiscal year of 1979, as requested by the Lubbock Firefighters Association.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay. Councilwoman
Jordan did want the record to reflect that the firefighters' initial request
for a 12% pay increase had been given considerable thought by the Council
and their decline in authorizing said increase was not because they were
not deserving, but was merely a matter of economics and the City did not
feel they could afford to do so what with the pressures of Lubbock Property
Owners and other groups urging a budget cut and less spending. Mayor
West then advised the Firefighters Association that they had a 20-day
period in which to file their certified request for the Council to call
an election.
At 1:20 p.m., Mayor West announced that an Executive Session would be
held for the purpose of considering land acquisition, pending litigation,
and personnel matters. This announcement was in accordance with Sec. 2-f,
Art. 6252-17. V.A.T.S.
Ordinance No. 7939
An ordinance removing the designation as one w_a_,y street from 15th and 16th
Street between Avenue Q and University Avenue
LGB:pc
ORDINANCE NO. 7939
AN ORDINANCE REMOVING THE DESIGNATION AS A ONE WAY STREET THAT PORTION OF
15TH STREET AND 16TH STREET FROM AVENUE Q TO UNIVERSITY AVENUE AND CAUSING THE
SAME TO REVERT TO TWO WAY TRAFFIC; DIRECTING THAT TRAFFIC SIGNS RELATING THERETO
BE PLACED IN ACCORDANCE WITH SUCH CHANGE; REPEALING CONFLICTING ORDINANCE TO
THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS
NAMED HEREIN; PROVIDING A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY
CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Returning 15th and 16th Streets to two-way streets was a recommendation of
the firm of Pinnell, Anderson, Wilshire and Associates. It is possible to
go ahead and convert 16th Street, but 15th Street should be delayed until
they can get proper signal coordination of Avenue Q and also proper striping.
As a practical matter, the street is not actually converted until the signs,
striping and signalization are converted. It was indicated that the cost
incurred to converting these streets to two-way streets will be funded from
Revenue Sharing Funds. It is anticipated that completion of the conversion
will be on or about November 1, 1979.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said ordinance on first reading. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
Consider recommendation from the Tech Terrace Park Committee concernin
barricades.
The last meeting of the Tech Terrace Liaison Committee was on September
25, 1979. In addition to staff members and Councilman Bud Aderton, those
present were: Mrs. Tom Sawyer, Mrs. Bill Marquis, Mrs. J. D. McPhearson,
16
and Dr. Martin Gunderson. It was the consensus of the Committee that therell
has been an increase in traffic on 23rd Street, but that otherwise, the
types of problems that existed last spring had not reoccurred with the
reopening of Texas Tech. The Committee felt the advantages and disadvantages
of the barricade system to be: 11
Advantages:
I. Safety for neighborhood and park users.
2. Eliminates circulating traffic.
3. Stops speeding traffic at night.
4. Solved the problem.
5. Cheapest solution.
b. Park is being used more.
7. Allows access to park.
8. Breaks up large gatherings of people.
9. Aids to enforcement of traffic and park laws.
Disadvantages:
1. Inconvenience to area residents.
2. Unattractiveness.
3. The problem is only a seasonal problem.
Following their discussion, the motion was made by Mrs. Marquis and seconded
by Mrs. Sawyer to recommend to the City Council that the temporary barricades
located at 25th Street at Flint Avenue and 25th Street at Gary Avenue be
replaced with some type of permanent barricades, and that a temporary barricade
be placed at 23rd Street and Flint Avenue, at those times the police felt
it necessary to control certain traffic around the park in the future. At
this meeting Mrs. McPhearson indicated that she was also representing Mr.
Oscar Crain and Dr. Carl Anderson who were unable to attend the meeting
and expressed their opposition to this recommendation.
The Traffic Engineering staff suggest three basic alternatives for permanent
or semi -permanent barricades:
Alternative #1 (cul-de-sac)
Advantages: Allows for vehicular turnaround and avoids
unnecessary backing up on the street or in
private driveways.
Disadvantages: 1. This solution is very permanent.
2. This solution is the most expensive.
($75,000-$100,000)
3. This solution will require park land to
become cul-de-sac right-of-way.
Alternative #2 (concrete medians)
Disadvantages: 1. Does not permit turnarounds at the dead
end without backing into the street or on
private driveways.
2. It would not allow easy turnarounds for
emergency vehicles.
Advantages:
Alternative #3
Disadvantages:
1.
2.
3.
This would be regarded as a "semi -permanent"
solution in that the conrete median would be
poured on top of the asphalt and could be removal
in the future, if necessary, without great
expense.
The installation cost would be relatively
inexpensive ($1,200 to $2,000).
The medians are fairly indestructible, but
the signs placed on the medians indicating
no through traffic may be occasionally
knocked down.
(concrete post or "cones")
1.
2.
3.
It would probably be hit and knocked down
frequently and with varying degrees of damage
to the automobiles.
Depending upon design, any chains or wires strung
between the poles could be construed or considered
unattractive by the neighbors.
Vehicles would have to turn around in the street
or in private driveways, and also emergency
vehicles would have difficulty turning around
at the dead ends.
61
0"
F+
79-38 617-1083
(26)
Advantages: 1. Relatively inexpensive.
2. Could be considered semi -permanent in that they
could be removed with relative ease in the future,
if needed.
A�2earances: Mr. Oscar Crain
Dr. Martin Gunderson
Jim Bertram, Director of Planning
Mr. Crain expressed his definite opposition to any type of barricade --permanent
or temporary, for the reason that the only time a problem occurs is in
the spring, and it is his opinion that the matter could be controlled by
adequate police enforcement if they wanted to. The response to Mr. Grain's
comments reflected that the cost is prohibitive to have sufficient policemen
on duty through this period of time, as well as the cost of damage and
destruction to various barricade systems being tried.
Dr. Martin Gunderson appeared as a proponent for the recommendation for
permanent barricades without additional comments other than reflected above.
Mr. Bertram indicated that of the three alternatives, referenced above,
Alternative No. 2 would appear the most desirable for the least expense,
indicating they would have to work very closely with the Legal Department
to eliminate any liability resulting from the barricade structure.
Councilman Aderton indicated he preferred no permanent barricades, but
in an official capacity he felt that a compromise was necessary and
concurred that Alternative No. 2 would be the most desirable of any. He
did indicate that he would prefer to abstain; his request was denied by
the Mayor.
Following all discussion, the motion was made by Councilwoman Jordan,
seconded by Councilman Aderton to accept the recommendation of the Tech
Terrace Park Committee and implement Alternative No. 2, referenced above.
Motion carried: Mayor West, Councilwoman Jordan and Councilman Aderton
voting Yea; Mayor Pro Tem Henry and Councilman McAlister voting Nay.
Resolution No. 290
A resolution authorizing the Mayor to sign the Cover Sheet of the plans
for widening Slide Road from 82nd Street to 0.1 mile South of 98th Street
as submitted by the State Department of Hi hwa s and Public Transportation.
JCR:cl
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Cover Sheet for
the plans for widening Slide Road from 82nd Street to 0.1 mile South of 98th
Street as prepared by the State Department of Highways and Public Transportation,
a copy of which is 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 llth day of October
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff�a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross Jr.
John C. Ross, Jr., City Attorney
1979.
*NOTE: Original Cover Sheet executed and returned to the State Department of
Highways and Public Transportation on October 12, 1979.
W•
79-3A 618-1084
(27A)
79-384 18-1085
(27B)
This item covers the plans for widening Slide Road from 82nd Street south
0.1 miles. The project is scheduled for bid letting in Austin in December.
By minute order from the State Highway Department, which preceded these
plans, the City will be required to do the following:
i�
1. Furnish all right-of-way. '
2. Indemnify the State from damage caused by flood water.
3. Provide for the adjustment of utilities, as may be required.
4. Provide for construction of continuous curb and gutter.
5. We recommend approval of this resolution.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlistet
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
Order No. 1 to the 1979 Assessment Paving P
for Raving improvements at various
cations.
The referenced change order for the 1979 Paving Program is in the amount
of $38,261.44. This change order includes paving improvements at two
locations -- one adjacent to the park north of Wheelock School, and the
other is paving 330' of the east -west alley south of 74th Street and Indiana'
Avenue. The alley paving subunit will receive $3,783 from property owners
Dr. Clyde Kelsey and Mr. Ed E. Brett. The total alley construction cost
is in the amount of $8,333.55, leaving the amount of $5,050.56 appropriated
for the City's part of the subunit.
Ordinance No. 7940
An ap2ro2riation ordinance from Capital Street Improvement Fund for Change
Order No. 1 to the 1979 Assessment Paving Program (GWO 10 976).
ORDINANCE NO. 7940
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to
appropriate certain specific funds for an approved project;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund,
to -wit: Street Improvement Fund
The sum $40,557.12
For the following purpose: Change Order No. 1 to the 1979 Assessment Paving
Program (G.W.O. 10,976) -
Revenue Sharing = $31,723..5
Property Owner Cost = 3,783.00
Bond Fund = 5 050.56
$40,557.12
Contract Cost = $38,261.44
6% Engineering - _2,295*68
Total Cost $40,557.12
AND IT IS SO ORDERED
Passed by the Council on first reading this llthday of October 1979.
Passed by the Council on second reading this day of , 1979.
ATTEST:
DIRK WEST, MAYOR
Evelyn Gaffga, City Secretary-Treas. VERIFIED BY:/s/Jim C. Bla
gg
FINANCE OFFICER
APPROVED AS TO CONTENT:
LB]Wilford D. Watson, —Eng.
Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
L3J JO:Rosp,Jr.
John C. Ross, Jr., City Attorney
Li
0
619
Im
W
IP
op
This appropriation ordinance is in conjunction with the above referenced
change order (GWO 10,976). The total appropriation is:
Total Appropriation $40,557.12
Parks Revenue Sharing #44,537 (31,723.56)
North side of alley property owners ( 3,783.00)
Amount of City's appropriation $_ 5,050.56
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to approve Change Order No. 1, as referenced, and to pass Ordinance No.
7940 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
79-30-619-1086 Consider acceRting street improvements and authorizing a ent of
(28) consolidated final estimate for paving improvements as constructed b
Commercial Concrete Construction Com an on the 1976 Community Development
Program (CDWO 7511).
This final acceptance includes 16 subunits of street improvements located
in east and north parts of the City. Final payment is in the amount of
$81,186.33. This is the amount due the contractor after deducting $23,810
in liquidated damages (213 days at $100 per day). The original amount of
the contract was $549,186.50, and the final contract cost is in the amount
of $552,438.87.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to accept street improvements and authorize final payment. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
79-38�-619-1087 Resolution No. 291
(29)
A resolution accepting avin im rovements constructed by W. D. Turner
Construction Companyin Sentry Park Addition Lots A-1 through A-9 and
D_1A through D-lH.
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON A NEW SUBDIVISION AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of Sentry Park Addition, Lots A-1 through A-9
and D-lA through D-lH made arrangements with W. D. Turner Construction Company
for the construction of paving improvements on a certain street dedicated in
said sub -division under the provisions of said Ordinance prior to the recording
of the subdivision plat of Sentry Park Addition, Lots A-1 through A-9 and D-lA
through D-lH, including the following street:
Aberdeen Avenue from its intersection with the South Lip Line of Loop 289
Access Road to its intersection with the North Lip Line of 68th Street
known and designated as Sub -Unit Number 00 of Unit Number 2026;
AND WHEREAS, the construction of the above improvements on the above -
mentioned street was performed under the supervision of the City Engineer, and
said improvements have been completed and have been inspected and found to
have been constructed in accordance with City specifications and in accordance
with the provisions of City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
I.
That the improvements on said portions of the abovementioned street be
and the same are hereby accepted and the City Engineer be and he is hereby
authorized to direct the payment of the City's portion of the cost (and to
release escrow money).
II.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 11 DAY OF October , 1979.
ATTEST:
/s/ EvelynGaff a
Evelyn Gaffga, City Secretary-Treas.
/s/ Dirk West
DIRK WEST, MAYOR
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
/s/ Wilford D. Watson s John C. Ross Jr.
Wilford D. Watson, City Engineer John C. Ross, Jr., City At
OCT i 1979
1
1
I
4
F
79-38a 620-1088 Resolution No. 292
(30)
xrovements on North Elder Avenue in Lubboc
Industrial Park Addition Lots 8 through 11 b Kerr Construction Co.
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW:I
WHEREAS, in conformance with the paving requirement provisions of Cityl
Ordinance 1331, the subdivider of Lubbock Industrial Park Addition, Lots 8 11
thru 11 made arrangements with Kerr Construction Company for the construction
of paving improvements on a certain street dedicated in said subdivision unifier
the provisions of said Ordinance prior to the recording of the subdivision
plat of Lubbock Industrial Park Addition including the following street:
North Elder Avenue from its intersection with a line 11.50 feet North f
the North Property Line of Lot 7, Lubbock Industrial Park Addition to :its
intersection with a line 843.66 feet North of the North Property of Lo� 7
known and designated as New Subdivision Sub -Unit Number 91 of Unit Number
2025. J
1
AND WHEREAS, the construction of the above improvements on the above -
mentioned street was performed under the supervision of the City Engineer, end
said improvements have been completed and have been inspected and found to
have been constructed in accordance with City specifications and in accord-
ance with the provisions of City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
I.
That the improvements on said portions on the abovementioned street be
and the same are hereby accepted and the City Engineer be and he is hereby
authorized to direct the payment of the City`s portion of the cost and to
release escrow money.
II.
This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 11TH DAY OF OCTOBER, 1979.
ATTEST:
/s/ Evelyn Gaffea
Evelyn Gaffga, City Secretary-Treas.
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross. Jr.
John C. Ross, Jr., City Attorney
79-38k620-1089 Resolution No. 293
(31)
/s/ Dirk West
Dirk West, Mayor
A resolution accepting avin improvements constructed by Lubbock Asphalt
Products Inc. in Briercroft Addition Lots 221 through 242.
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of Briercroft Addition, Lots 221 through 242,
made arrangements with Lubbock Asphalt Products, Inc. for the construction of
paving improvements on a certain street dedicated in said subdivision under
the provisions of said Ordinance prior to the recording of the subdivision
plat of Briercroft Addition including the following street:
57th Street from its intersection with the West Lip Line of Avenue S, to
its intersection with the cul-de-sac West of Avenue S, known and desig-
nated as New Subdivision Sub -Unit Number 74 of Unit Number 2024.
AND WHEREAS, the construction of the above improvements on the above -
mentioned street was performed under the supervision of the City Engineer, an
9
I"
ow
said improvements have been completed and have been inspected and found to
have been constructed in accordance with City Specifications and in accordance
with the provisions of City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
I.
That the improvements on said portions of the abovementioned street be
and the same are hereby accepted and the City Engineer be and he is hereby
authorized to direct the payment of the City's portion of the cost and to
release escrow money.
II.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 11TH DAY OF OCTOBER, 1979.
/s/ Dirk West
ATTEST: DIRK WEST, MAYOR
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary-Treas.
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 motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said Resolutions 291, 292, and 293, accepting the respective paving
improvements as indicated. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
79-384 21-1090 Ordinance No. 7941
(32)
An ordinance to abandon and close an under round utility easement and a
garbage collection service easement located_in Section 15, Block E 2_•(Lakerid
_ ._.._ ORDINANCE NO. 7941
AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY AND GARBAGE
COLLECTION SERVICE EASEMENT LOCATED IN SECTION 15, BLOCK E-2, LUBBOCK COUNTY,
TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECT-
ING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION.
A portion of this easement is in Tract "B" of Lakeridge Country Club Estates
and a portion is just outside of Tract "B" where a new Tract "B-1" is being
platted. The easement must be closed before Tract "B-1" can be finalized.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry
to pass said ordinance on first reading. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
79-38621-1091 Resolution No. 294
(33)
A resolution authorizing the acquisition. -of necessary right-of-way to implement
CDWO 7917.
DGV:cl
RESOLUTION
WHEREAS, to comply with Federal Department of Housing and Urban Development
Regulations, the City Council of the City of Lubbock needs to make a determination
to acquire additional right-of-way needed for Community Development Work Order
7917 Program for Paving (1979); NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
The Right -of -Way Department of the City of Lubbock is hereby authorized to
commence preliminary interviews with adjacent and/or abutting property owners
as regards additional rights -of -way necessary for the Community Development
Work Order 7917 Program for Paving (1979), and appraisals and appraisers'
Ef2w
79-38A622-1092
(34)
interviews with such property owners, and it is hereby determined that such
right-of-way acquisitions are necessary to the completion of said project, and
the Right -of -Way Department of the City of Lubbock is hereby authorized
to acquire such additional needed right-of-way at the appraised market
value to be later determined by this City Council.
Passed by the City Council this llthday of October ,1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
This is a federal requirement that the authorization for the acquisition of
the necessary right-of-way to complete this paving program be obtained prior
to the actual acquisition. The paving is to be on Quirt Avenue between
East 50th Street and East 52nd Street.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem
Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
Resolution No. 295
A resolution authorizin
Lubbock.
the Mayor to s
bock, Texas Te
a contract between Transit
niversity, and the City of
DGV:c1
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 Agreement
between Transit Management Company of Lubbock, The Board of Regents of
Texas Tech University at Lubbock, Texas, and the City of Lubbock, Texas,
for bus service on the campus of Texas Tech University, 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 llthc
ATTEST:
/s/ Eve1 n 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 Att<
0
OF
IPM
AGREEMENT
This agreement, made and entered into this llth day of October
1979, by and between TRANSIT MANAGEMENT COMPANY OF LUBBOCK (hereinafter
referred to as the "Company"), THE BOARD OF REGENTS OF TEXAS TECH
UNIVERSITY at Lubbock, Texas (hereinafter referred to as the "UNIVERSITY",
and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation (hereinafter
referred to as "City").
W I T N E S S E T H:
WHEREAS, the parties hereto are aware of the traffic and parking
problems on the campus of the University as it relates to the expanding
campus and the increasing number of students, staff, and faculty of the
University; and
WHEREAS, the above named parties are desirous of relieving some of the
traffic congestion and expediting transit between areas in and immediately
adjacent to said University campus; and
WHEREAS, Company and City have entered into a lease management agreement
dated August 23, 1979 in which City is obligated to provide certain insurance
covering the operation of the public transportation services in and around
the City of Lubbock including the services provided under this agreement; and
WHEREAS, this agreement embodies the intention and resolution of the
above named parties:
NOW, THEREFORE WITNESSETH THIS AGREEMENT:
I.
Term
It is agreed and understood by and between the parties hereto that a University
bus service utilizing approximately eight (8) buses will be provided by
Company during a period beginning with October 1, 1979, and terminating on
December 31, 1979, provided, however, that either Company or University may
terminate said bus service upon thirty (30) days written notice delivered to
the other by registered mail,
II.
Bus Operations
With respect to bus operations, Company and University agree that the
following conditions shall apply:
A. Company will furnish buses having a seating capacity (Manufacture
rated) of not less that 33 with driver operated front and side doors.
It is agreed that certain seats may be removed from said buses to facil-
itate the ingress and egress necessary to accommodate the high volume of
passenger turnover; except that all buses will provide seats for not less than
26 passengers. The Company will provide the necessary personnel to service
the route or routes designated by the University during the period specified
in the preceding Paragraph I of this Agreement. The number of buses
and the operating periods will be subject to continuous review, and the
University will advise Company with regard to its needs and with respect
to any changes in the number of buses and/or operating periods; subject
to equipment availability, said changes shall be instituted
by Company within five (5) days after receipt of written notice from
University. Initial service commencing on October 1, 1979 shall be on a
schedule provided by the University prior to that date.
B. In the event that it develops during any portion of the period first
specified in Paragraph I hereinabove, that a change in or extension
of a route, or a new route, is necessary or desirable, Company shall
make such changes or extensions of a route or routes, or add a new
route, upon University's request. The charges to be made by Company
therefor shall be upon the basis, and shall be subject to the
conditions and limitations, as are set forth in Subparagraph E of this
Paragraph hereinbeiow. Also in the event it develops during said period
that an additional bus dr buses are required in order to meet the demand
for said bus service during any operating period or periods, Company,
if it is able to provide same, at the University's written request,
shall provide such additional bus or buses for said service during
said operating period or periods upon the same basis, as it set forth
hereinabove, University shall have the right to terminate any such changes,
extensions, or new routes upon five (5) days written notice to the
Company.
C. Buses shall stop to receive or discharge the passengers entitled to use,
and using, bus service at such points as shall be agreed upon from time to
time during said period, between Company and University, and University
will identify the points at which stops will be made by said buses.
Acceptable markers will be provided by the Company.
G0OW
WWI N
D. Company will exercise due diligence to adhere
hereinable referred to, but minor deviations
in traffic, weather or load conditions shall
hereunder.
to the time schedules
therefrom due to variations
not be deemed to be a default
E. Company shall not collect fares from it passengers, but shall charge
University for providing said bus service the sum of fourteen dollars
($14.00) per hour for each bus used in said service. Company shall
submit an invoice at the end of each month showing the amount due for
service provided. Contemporaneously therewith, Company will present
University with a billing at the close of operations on the last day
of each monk,, -such Jbill .-to- bf- p�sild -as .pr=pn t as possible in the usual
course of University business. The company will provide income and expense
statement at the end of the contract period. The total of this contrast shall
not exceed $139,250.
III.
Supplemental Bus Service
In addition to the scheduled bus service over specified routes as provided
for in Paragraph II hereinabove, Company shall furnish such other supple-
mental service, if equipment is available, for the transportation of such
special groups as may be designated by University. Such supplemental service
shall be furnished by Company at any time during the hours from 7:00 a.m.
to 11:30 p.m., upon receipt of three (3) days' written notice from University.
Company will charge University for providing said supplemental service the lum
of fourteen dollars ($14.00) per hour, for a minimum of three hours, for ealh
bus used in said service. Billing periods and reports of operations shall
be submitted in accordance with the provisions of Subparagraph E of Paragraph
II hereinabove, and subject to Paragraph II, Subparagraphs A and B.
IV.
Publicity
University will undertake and conduct a program designed to publicize
the existance of said bus service and to acquaint its staff members and
students with the availability of the same during the period in which it is
provided in accordance with,7and under this Agreement. The Company will
provide appropriate time tables for convenience of students.
V.
Service Provided
Company will provide and use at all times buses that are in good and
safe mechanical condition, and are also in reasonable clean conditions, and will
also provide competent and duly licensed drivers by whom said buses shall be
driven, and Company will assume full and complete responsibility for the
condition of said buses and the qualifications and competence of their
drivers, at all times, and University assumes no obligations whatsoever for
either of the same.
VI.
Independent Contractor Relationship
In providing and furnishing said bus service during the term hereof,
Company shall act solely in the capacity of and as an independent contractor',
and not as an agent or employee of University, and University shall have no
control over Company's operations in connection with providing said service
except as hereinabove provided and University shall have no control or supervision
whatever over the -drivers of the buses used in said service who shall be
employed by Company. Said drivers shall constitute Company's employees
only, shall not constitute agents or employees of University, and shall be
subject solely to Comp@ny's pupervision and control.
VII.
Insurance and Risk
A. It is recognized by the parties hereto that Company and the
City of Lubbock, Texas, have entered into an agreement for the purpose of
Company providing transportation services in and around the City of Lubbock,
including to the University. That under said agreement the City carries and
keeps in force an insurance policy insuring both City and Company against
liability for personal injury or property damages arising out of the operation
of said bus services and that the services provided herein are also conducted
pursuant to the agreement between the City of Lubbock and Company. At all times
during which Company shall provide the bus services mentioned herein and upod the
above and foregoing terms and conditions University shall be protected under
City's insurance covereage against liability and personal injuries or personal
damages arising out of the operations of said bus service to the extent
of at least $100,000 for personal injury to any one person, $300,000 for eaci
w
L
E)AWS
In
0
ON
occurrence and $50,000 for property damages sustained in any accident
or occurence arising out of the operation of said bus service and the University
shall be furnished a certificate of City's insurer showing coverage to be at
least in the sums just stated. Said insurance policy shall name and include
"the Board of Regents of Texas Tech University" as named insured. Said policy
or policies shall, upon request, be subject to the examination and approval
of university.
B. Company, as a name insured under City's insurance coverage, assumes to
the extent of the insurance coverage maintained by the City, the risk of and
University shall not be liable for damage to any and all buses or other Company
property used in the bus service operation regardless of the cause thereof.
To the extent of the proceeds of such insurance, the University shall be
reimbursed for any damage or injury to University property arising out of or
resulting from the said bus service operation except that no such reimbursement
shall be made for 1) damage to pavement by normal operation of buses, or 2) any
damage or injury caused by acts or omissions over which Company, its employees,
or agents had no control.
VIII.
Maintenance
Company agrees to maintain and operate said bus service and the buses used
in providing the same in a safe, efficient and lawful manner and, in so doing,
shall fully comply with all applicable statutes, municipal ordinances, and traffic
rules and regulations promulgated by the University.
IX.
Miscellaneous
A. It is further agreed that this Agreement is made solely for the benefit
of University and Company, that it is not made for the benefit of any third
person, whether a staff member or student of University, or otherwise, and
that no action or defense may be founded upon this Agreement except by the
parties signatory hereto.
B. In no event shall the Company be deemed to be in default of any provision
of this Agreement for failure to perform where such failure is due solely to
strikes, walkouts, civil insurrections or disorders, acts of God, or for any
other cause or causes wholly beyond the control of the Company. In such eventuality
the University shall have the right to procure appropriate transportation service
from others during the period. If, for any reason beyond the control of the
University, including but not limited to epidemics, student strikes or disorders,
or severe weather conditions, the University may, upon twelve (12) hours notice
to the Company, request the temporary suspension of bus service until the
resumption of normal class schedules, in which event the Company will not
furnish buses or be paid for services until the resumption of service. The
University shall, in such cases, notify the Company twelve (12) hours in
advance of the time service is to be resumed.
IN WITNESS WHEREOF, the parties hereto have cause the Agreement to be
executed in their respective names and behalf by their duly authorized
officers and agents and their respective seals to be hereunto affixed,
all as of the llth day of October , A.D. 1979.
TEXAS TECH UNIVERSITY TRANSIT MANAGEMENT COMPANY
OF LUBBOCK
/s/ M. Dan Williams
Dan Williams 10-3-79
Interim Vice -President
for Administration
ATTEST:
/s/ Dwight Maddox
Dwight Maddox, Vic -President
ACKNOWLEDGED AND AGREED TO only
in as far as set out in Section VII
A and B:
CITY OF LUBBOCK
/s/ Dirk West
Dirk West, Mayor
Approved as to content:
TIM
/s/ Evelyn Gaffga . /s/ John L. Wilson
Evelyn Gaffga John L. Wilson, Transit Coordinator
City Secretary -Treasurer
Approved as to form:
/s/ Donald G. Vandiver
Donald G. Vandiver
Assistant City Attorney
This contract with Texas Tech University is for the campus bus system for
a duration of three months at $14 per hour.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
79-38R 626--1093 Resolution No. 296
(35)
A resolution authorizing the Ma or to si n the Citibus Advertisins contract
with Phil Price Advertising Co. for the period October ),-,1979 to September
300_
DGV: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 Citibus Ad-
vertising Agreement between the City of Lubbock and Phil Price Advertising,
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 11th day of October
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaf€ga, 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
CITIBUS ADVERTISING AGREEMENT
THE STATE OF TEXAS X
COUNTY OF LUBBOCK I
KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT entered into between the CITY OF LUBBOCK hereinafter
called CITY and PHIL PRICE ADVERTISING hereinafter called AGENCY,
Witnesseth:
WHEREAS, the City of Lubbock has determined that it would be
in the best interest of the citizens of Lubbock ito inform them of
the new buses to be added to the mass transit system within the
City of Lubbock and to encourage the citizens to avail themselves of
the services on the transit system.
I.
NOW THEREFORE, the CITY does hereby engage the services of the
AGENCY to design and implement an advertising campaign covering the
Citibus transit system within the City of Lubbock upon the following
terms and conditions
II.
The AGENCY shall commence its advertising services on October 1,
1979, with such campaigns continuing throughout the year until approx-
imately September 30, 1980.
1979.
�)2!
9
IR
Im
The compensation to be paid by the CITY to the AGENCY shall not
exceed the sum of $27,500. Payment shall be made by the CITY to the
AGENCY upon statements submitted to the CITY montly by the AGENCY
listing in detail the expenditures on such campaign for the preceeding
month.
IV.
The services to be rendered by the AGENCY shall be subject to
approval by the Lubbock Public Transit Advisory Board.
M
The AGENCY shall be considered an independent contractor and
shall be responsible for any contracts it enteres into for advertising
services or equipment. The AGENCY shall hold the CITY harmless from
the acts of its prinicipals, employees, or agents.
This AGREEMENT may be terminated by the CITY upon notice to the
AGENCY that the terms of this agreement have not been met and that
the AGENCY has failed to perform as agreed.
EXECUTED this this llth day of October , 1979.
/s/ Phil Price
Phil Price Advertising
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
APPROVED AS TO CONTENT:
/s/ John L. Wilson
John L. Wilson, Transit Coordinator
The Transit Advisory Board voted unanimously on September 24, 1979 to enter
into a contract with Phil Price Advertising for another year for bus system
advertising. The overall cost of the contract is $27,500 which pays for
all of the advertising campaign and advertising fee.
Query was made as to what portion of this contract price was for the fee
inasmuch as the contract did not reflect a breakdown of the specific
expenses to be incurred.
The motion was made by Councilman Aderton, seconded by Councilman McAlister
to pass said resolution. A substitute motion was made by Mayor Pro Tem
Henry indicating that action on this matter be delayed until the next
Regular City Council Meeting, at which time Mr. Price could be present to
speak to the various projected costs. The substitute motion died for the
lack of a second. The original motion was then ballot upon; motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
79-3e 627-1094 Consider authorizing the advertising of a Notice to Bidders for water
(36) reclamation —plant improvements.
The engineering for the first phase of the renovation of the water reclamation
plant is nearing completion. Cost of construction is between $400,000 and
$450,000; funds for these improvements are from both bond sales. The
second phase of these improvements will be ready for bids next spring, and
it is recommended that the Council authorize advertising of the referenced
bids.
79-34 628-1095
(37)
79-38A 628-1096
(38)
79-384-628-1097
(39)
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to authorize advertising Notice to Bidders for water reclamation plant
improvements. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoml
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
Ordinance No. 7942
An appropriation ordinance from Sanitary Sewer Capital Project Fund for
expenses incurred in conjunction with LCC effluent line. '
FORM L-2
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 7942
WHEREAS, the City Council of the City of Lubbock finds it is
necessary to appropriate certain specific funds for an approved
project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described
fund, to -wit: Sanitary Sewer Capital Project Fund
The sum $ 30,000.00
For the following purpose: To cover expenses incurred procuring
right-of-way for Lubbock Christian
College effluent line to Wilson, Texas.
AND IT IS SO ORDERED
Passed by the Council on first reading this llth day of October
Passed by the Council on second reading this day of
ATTEST:
CITY SECRETARY -TREASURER
VERIFIED BY: s/Jim C. Blagg
FINANCE OFFICER
APPROVED BY:/s/Wilford D. Wa
HEAD OF DEPT.
The schedule for bids for the effluent line to the Wilson Project of Lubbock;
Christian College is for bids to be received around the first of the year.
It is necessary to proceed in securing the right-of-way for this pipeline,
the estimated cost being $30,000.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said ordinance on first reading. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
Discussion and consideration of Bid #5429 for steel poles for Transmission
fine and take appropriate action. (LP&L)
This matter was tabled until the next Regular City Council Meeting.
Resolution No. 297
A resolution nominating ersons to TAX APPRAISAL DISTRICT Board.
�7'DWR: cl
l3z} r,
RESOLUTION
WHEREAS, there has been enacted in the State of Texas an Act relating
ad valorem taxation of property (S.B. 621) and this Act applies to and
is controlling on the City of Lubbock, Texas, as a taxing unit, the City
of Lubbock is desirous of complying with the Act's provisions.
F
)79.
1979.
Water Utilit=
DEPT.
629
1W
0"
WE
WHEREAS, there is to be created, under the provisions of this Act,
a Board of Directors to govern the Appraisal Districts established under
the Act, the City of Lubbock is desirous of nominating candidates to be
placed on the ballot for election to this Board of Directors as provided
by this Act.
BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK:
THAT the following persons are nominated by the governing body of
the City of Lubbock as candidates for positions on the Board of Directors
of the Appraisal District created for the County of Lubbock and that the
names of these candidates be submitted to the County Clerk of Lubbock County
by the Mayor to be placed on the ballot for election to such positions:
Mr. Joe Horkey
Mr. Ray Diekemper
Passed by the City Council this llth day of October
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ David W. Reagan
David W. Reagan, Assistant City Attorney
,1979.
I/ _ _Dirk West _ T
DIRK WEST, MAYOR
The City Council must make any nominations it wishes to the Tax Appraisal
District Board by October 15, 1979. The Council may nominate up to
five names. After meeting with representatives from the School Board,
it was by consensus that each would nominate two members to appear on the
ballot.
The motion was made by Councilman McAlister, seconded by Councilman Aderton
to pass Resolution No. 297 nominating Joe Horkey and Ray Diekemper to
represent the City on the Tax Appraisal District Board. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
It was indicated at this time that the Lubbock Independent School District
had nominated Lynn Stafford and Mabry Brock to represent their taxing
unit on the ballot.
79-3 0629-1098 Resolution No. 298
(40)
A_resolution regardina implementation of Tax Appraisal District.
DWR:cl
RESOLUTION
WHEREAS, there has been enacted in the State of Texas an Act (S.B. 621)
relating to ad valorem taxation of property, the City of Lubbock is desirous
that this Act is properly implemented in the district of Lubbock County.
WHEREAS, this Act (S.B. 621) has established Lubbock County as an appraisal
district which will be governed by a Board of Directors as to the appraisal of
ad valorem taxes under the provisions of the Act beginning January 1, 1980, the
City of Lubbock is desirous of aiding in the proper establishment and creation
of this Board of Directors to the extent provided and allowed by law.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock be committed to aid and support the Board of
Directors created by an Act (S.B. 621), relating to ad valorem taxation of
property, to the extent allowed and permitted by law, to insure the proper
establishment of this Board during its infancy years.
Passed by the City Council this llth day of October 1979.
ATTEST:
/s/ Dirk West
DIRK WEST, MAYOR
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM:
/s/ David W. Reagan
David W. Reagan, Assistant City Attorney
�30
79-38L630-1099
(41)
79-389-630-1100
(42)
79-38A-630-1101
(42A)
79-38L630-1102
(43)
79-4 630-1103
(44)
At a recent meeting of the taxing entities in Lubbock County to discuss
the Tax Appraisal District, it was the consensus of those cities and school
districts represented, that in order to do an effective job with the new
Tax Appraisal District, it would be necessary to begin work on that before
January, 1982. The units of government represented at the recent meeting
wanted to ask each of the taxing units in Lubbock County to consider voluntarily
funding a start-up cost for the district for January, 1980, rather than
waiting until 1982. It was suggested that each unit of government encourag
their board of directors or city councils to pass a resolution endorsing
the concept of implementing the Tax Appraisal District as soon as possible a
I
and be willing to fund the district prior to 1982. 'L
The motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to pass Resolution No. 298 reflecting the City Council's endorsement to
the Tax Appraisal District and willingness to participate in the funding
of start-up cost for the district. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
Consider acceptance of Fire Station #12 installation locatedat 79th St.
and Slide Road and authorize final payment to contractor.
On October 3, 1979, the Fire Chief made an inspection of Fire Station #12
at 79th and Slide Road, along with Evan Roberts, the architect, and Ed Lampe,
the contractor. A few minor changes in electrical switches, adjustment of
timer on the overhead doors, and turning on the gas so the heating units
could be checked, were noted as needing modifying. The parking lot appears
to be in good shape and holding up under the traffic. The architect asked
that the paver put the surface sealer on and stripe the parking lot; land-
scaping, not being a part of the contract, is to be handled by the Parks
and Recreation Department, which has commenced their work.
The Council planned to tour the facilities and participate in a lunch
served at the Fire Station; however, due to the lengthy hearings held during
the morning session, the tour was cancelled.
The remaining 10% of the contract is in the sum of $31,870.60. Mr. Roberts,
the architect, appeared and indicated that all matters had been carefully
inspected by the referenced personnel, and it was his recommendation that
the facility be accepted and final payment be authorized.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan
to accept Fire Station No. 12 located at 79th Street and Slide Road, and
to authorize final payment to the contractor. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
Consider request of Memphis Place Mall to use loud s eakers.
The request of the Memphis Place Mall Merchants Association is to utilize loud
speakers in conjunction with the Bluegrass Band performance on October 27,
1979, the band to play from 10:00 a.m. to 4:00 p.m. at the entry of the
Mall. The band will use amplifiers for their music; all tenants in the
Mall concurred on the use of the Bluegrass Band.
The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to
grant the request of the Memphis Place Mall Merchants Association allowing
the use of amplifiers on October 27, 1979. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
Consider claim a ainst the Cites
The claim of Clifford A. Carter (Claim No. 79-C-303) is in the sum of
$500 for property damage.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to DENY referenced claim. Motion carried: Mayor West, Mayor Pro Tem Henry
Councilwoman Jordan, Councilmen Aderton and McAlister voti Y
ng ea, none voting Nay.
Consider Bid #5476 for electric transformers (Electric Distribution).
I
Item 1
Item 2
Consider Bid #5512 for cr
lid (Water Reclamation).
Low Bid
rental in
R. T. & E. Corporation,
Waukesha, Wisconsin
C. B. Anderson Company,
Amarillo, Texas
and r
Trumble Steel Erectors,
Lubbock, Texas ($5,500.00)
t
ob
V_
0-
79--38A631-1104 Consider Bid #5503_for miscellaneous Honeywell components and equipment
(45) (Data Processing). ._..
Low Bid Honeywell Information Systems,
Dallas, Texas ($22,680.00)
79-38P631-1105 Consider Bid #5514 to furnish and install traffic signal conduit and
(46) _miscellaneous_ items for E. 24th & Quirt Avenue intersection, and 30tK St.
and Avenue H intersection Traffic Engineering).
Low Bid Ranger Construction, Inc.,
Lubbock, Texas ($6,476.92)
79-30-631-1106 Consider Bid #5516 for traffic plastic 2avement reflective markin tape
(47) (Traffic Engineering).
Low Bid
3M-Traffic Control Products,
St. Paul, Minnesota ($9,696.96)
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry 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.
79-380631-1107 Consider Bid #5522 for water well servicing machine Water Production)
The City had the opportunity to purchase a fully equipped bailing rig
for $18,000, said equipment being a used piece of equipment, made available
by the owners in Levelland reducing their business. The City presently
has 230 wells to service and anticipate an additional 50 wells in the next
five years. The rig is a 2-man rig. By purchasing this unit, we could
eliminate the purchase of a truck provided for in the budget at $13,000,
meaning that we would lack $5,000 to finance this purchase. It is suggested
the additional $5,000 be provided from Water Revenue Funds. Bids were
sent to other well servicing companies, but no other bids were received.
T he motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to approve Bid No. 5522 for a water well servicing machine, for
the sum of $18,000, utilizing the $13,000 approved in the 1979-80 Budget
for the purchase of a new truck which will not now be necessary, the
remaining $5,000 to be funded from the Water Revenue Fund. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
79-38IZ631-1108 Consider Bid #5510 for cable burial and service ty2e Warehouse Stock),
(49)
Items 1, 2 Southwestern Electric Supply Co.,
Lubbock, Texas
Item 3 General Electric Supply Co.,
Lubbock, Texas
Item 4 Nelson Electric Supply Co.,
Lubbock, Texas
79-38&631-1109 Consider Bid #5505 for tractor elevating scraper 22 cu. yd. (Sanitation Dept.)
(50)
Low Bid Associated Supply Company, Inc.,
Lubbock, Texas ($146,089.00)
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to approve Bids No. 5510 and 5505, referenced above. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
The Mayor indicated he would entertain a motion for the Council to recess
for the purpose of considering Work Session items to be followed by the
Executive Session. The motion was made by Councilman McAlister, seconded
by Mayor Pro Tem Henry that the Council recess at 3:10 p.m. to handle these
other matters. Motion carried: Mayor West, Mayor Pro Tem Henry, Council-
woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
Due to the length of the Executive Session and the Work Session, board
appointments for the Community Development Advisory Committee, Airport
Board, and the Lubbock Public Transit Advisory Board were tabled until
the October 25, 1979 Regular City Council Meeting.
+. e
The motion was made by Councilman McAlister, seconded by Mayor Pro Tem
Henry that the meeting be adjourned. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay. �&
MAYOR
ATTEST:
C TY SECRETARY -TREASURE
READ AND APPROVED THIS 25th DAY OF
ATTEST:
CI SECRET Y-TR SURER
October , 1979.