HomeMy WebLinkAboutMinutes - City Council - Regular - 11/8/1979NOV 8 1979
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CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
November 8, 1979
9:30 A. M.
The City Council of the City of Lubbock, Texas, met for its regular
meeting on Thursday, November 8, 1979, at 9:30 a.m. in the Council
Chambers, Second Floor, City Hall.
Those Present:
Mayor Dirk West, Mayor Pro Tem Alan Henry, Councilwoman Carolyn Jordan,
Councilman Bill McAlister, Councilman M. J. Aderton, City Manager
Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -
Treasurer Evelyn Gaffga.
Absent: None
The Invocation was given by Jim Bertram, Director of Planning.
The Pledge of Allegiance to the Flag was given in unison by those
present in the Council Chambers.
At 9:35 a.m., Mayor Dirk West announced that an Executive Session would be
held to consider land acquisition and pending litigation. This announcement
was in accordance with Section 2--F, Art. 6252-17, V.A.T.S.
Approval of Minutes - Regular City Council Meeting, October 25, 1979.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem.
Henry to approve the above referenced minutes. Motion carried: Mayor
West, Mayor Pro Tern Henry, Councilmen Aderton and McAlister voting Yea;
none voting Nay; Councilwoman Jordan absent from Council Chambers.
Citizen A22earances
Board Appointments
Roy W. Roberts - Civic Center Board
James P. Burrell - Community Development Advisory Committee
Dr. Vernon Proctor - Community Development Advisory Committee
George E. Dawson - Community Development Advisory Committee
Tom Butcher - Airport Board
John C. Owens - Lubbock Public Transit Advisory Board
Proclamations
79-38481-1178 "Operating Room Nurse Day" - November 14, 1979
( 5)
Receiving: Brandy Conley, West Texas Hospital- Chapter President
Kathy Reagen, Lubbock Urology Clinic -Chapter V.P.
Janet Baca, Health Sciences Hospital -Chapter Secretary
Elizabeth Harris, Methodist Hospital -Chapter Treasurer
Sarah Thompson, University Hospital
Sylvia Griffin, Highland Hospital
Francis Walker, Community Hospital
Mitzie Preisinger, St. Mary's Hospital
79-3811681-1179 "Be With a Book for a Day" - November 15, 1979
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Receiving: Bill Stewart
Betty Anderson
Helen Otken^T
Dr. Charles Burford
Dr. Burford, representing the Library Board presented Mayor West with a
new book containing choice recipies from Muleshoe.
79-386681-1180 "United Religious Thrust for Self Control and Respect for Leadership
( 7) Month" - November
Receiving: _Representative of The World Community of Al -Islam
in the West of Mas id Muhammad
NOV 8 1979
79-38&682-1181
(7-A)
79-38&682-1182
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79-38L682-1183
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79-381682-1184
(10)
"National Diabetes Month" - November
Receiving: Dr. Charles Menendez
Airman of the Month
Senior Airman Jo A. Beauchamp - Month of September
NCO of the quarter
Staff Sergeant Charles D. Sutherland - July -September, 1979
James G. Marshall will aP2ear to discuss the repeal of Ordinance No. 387.
The Charter of the City of Lubbock provides in Chapter 1, Article 9, Section
23, as follows:
"The City Council shall create and consolidate such appointive
offices as may divide the administration of City affairs into
such departments, as it may deem advisable, and may discontinue
any such appointive officers or departments at its discretion,
except the office of City Manager."
This particular portion of the Charter of the City of Lubbock was
interpreted by the Texas Court of Criminal Appeals in 1928, as giving
the City Council absolute power to consolidate offices even without
benefit of an ordinance. Germany vs State, 3 S.W. 2d 798. The offices
consolidated in Germany, without benefit of an ordinance of consolidation,
were City Secretary and Tax Assessor and Collector. The general rule in
such cases is that the power to appoint includes the power to change,
abolish or consolidate offices in the absence of some prohibition.
After being advised by Mayor West to address his remarks to the subject
as posted, Mr. Marshall appeared and presented to Mayor West a folio
containing various documents. This folio is on file in the office of
the City Secretary. His remarks reflected some historical background as
to the Charter provision, the Charter amendment in 1964 at which time
a City Manager form of government was approved and implemented, the
unconstitutionality of the Charter amendment as approved by the voters
of the City of Lubbock, and so forth. He then read into the record a
statement which he called "a preamble" to the folio presented to the
Mayor which reads verbatim as follows:
"Reference Attorney General White's Opinion to Tarrant County:
The ruling was that the Texas Constitution does not authorize
the legislature to abolish the office of County Treasurer. Sec-
tion 64B of Article XVI of Section 44 of the Texas Constitution.
Also no one is deemed to hold more than one civil office of
emolument. In this event the legislature passed an act ordering
an election for these purposes we must therefore conclude that
the legislature cannot pass an act that would grant counties and
subdivisions to vote themselves power to function inconsistant
to the Texas Constitution. The constitution provides and requires
elective and appointive offices. Mayors, aldermen, councilmen,
commissioner, etc., other officers of the corporation shall be
a treasurer, an assessor and collector, a secretary, a city attor-
ney, a marshall and city engineer. See Article 794, chapter 1 of
Title 22 and Section 10, Article IX. Our city charter, which sets
forth and provides for a city secretary, a city treasurer, a city
marshall, a city tax collector and a city attorney. This charter
provision has never been amended. And it is consistant with the
constitution which provides for certain constitutional civil
offices. In addition the Lubbock Charter in Article X provides
for a city manager, but not a city manager form of government.
Lubbock's charter irrevocably provides for a commission form of
government and that the municipal form of government consists of a
mayor and 4 commissioners. And that such commission appoint the
required constitutional officers of such required offices and that
the commission may remove such officer at will. Home rule pro-
visions are clear that mayor and the 4 commissioners shall admin-
ister the affairs of Lubbock agreeable to the constitution and laws
and charter provisions, not inconsistent thereto. In this Tarrant
County case, this opinion says that even though legislature acts
direct that an election be ordered and that even though the
electorate approves a proposition that the constitution has not
authorized the legislature to abolish the constitutionally required
office of the county treasurer. Lubbock's charter calls for a Mayor;
a city treasurer, etc. Ordinance 387, passed in 1927 consolidates
the offices of secretary and treasurer. The 1964 charter amendment
election was not ordered by an act of the legislature. And only
the legislature has the power to grant cities powers. But even so
there has been unwarranted practices set forth and established and
03
N 0 V 8 1979
imposed in the city organizational chart that are on going trans-
gressions. Also provisions in the 1964 Amendments that the
constitution has not authorized the legislature to grant. Such
that are inconsistant to the constitution and to otherwise provided
provisions of the charter are transgressions. The transgressions
need corrections, some of which are:
We should have a treasurer, who should receive compensation
for one civil office of emolument.
The constitution provides for municipal governments to estab-
lish constitutional offices and officers in a due and proper
authoritative chain of command. The 1964 charter election and
also Lubbock's organizational chart has usurped our required con-
stitutional provisions for city offices. Our city affairs are
being administered by personnel estranged from constitutional
principles and practices. Fiducial responsibilities to the tax-
payers and reverence to the publics trust are being betrayed and
violated. Special and political interests are being served.
Rather than respectful obedience to the mutual common good of the
public and taxpayers. Bond Funds and sinking funds are specific
or special funds created for specific purposes, but are being
intentionally stolen expressly for misuse. Money is being con-
cealed; proper accounting is not available: it is used to benefit
private property and private interest and purposes in stead of for
public purposes and the common good of the community as a whole.
Bond elections are held with the expressed intent to divert and
misuse malfeasantly. To misuse or divert sinking funds is a crime.
And those who do so are criminals. See Vernon's 839-840: You
cannot escape from the arraignment of and the punishment of such
crimes by the unsurping of constitutional provisions to substitute
the constitution with ill gotten unwarranted functionalism.
Practices that attempt to evade the responsibilities of the mayor
and councilmen does not excuse you from these crimes. The munici-
pal government is responsible. I submit as an example of this
functionalism, the function of the office of the Director of the
Finance under the implementations exercised under the organizational
chart of the City of Lubbock and the practices resulting from
the passing such ordinances as 7706. The failure to furnish proper
accounting as required by law and the failure to comply to the open
records act. "Let's fact it, you have been jacking around with the
public's money. Right now you are considering the replacement of
the director of finance. Now is a perfect time to rearrange the
city offices and departments and define their duties. You may have
yourself quite a problem if this is not duly and properly done now.
The present functionalism practices of the director of finance
which cityhall has been "carrying on" is not only illegal, but it
is outrageous.
It just might be real hard to find someone that could or would
continue the perpetual motion energized by the functional concep-
tion now practiced if one is selected and sworn in (Oath of office)
and bonded as required. His salary demands just might be "out of
sight." It sure isn't going to appeal to an upright honest man -
No sir, the kind of man that you could get to take this job - you
are not likely to get. Is a job that would appeal to a dedicated
embezzler because his duties are just plain stealing, he is going
to be expensive. He's gotta be a crook and also he's got to be a
genuine expert at mafia bookeeping. Once he gets settled down to
his job and runs his private little audit program, and gets the
"goods" on everything and everybody and being the the only kind of
man peculiarly adapted to such duties. His salary could require an
expert negotiator of this first grade to get a man to steal and to
misuse bond funds and sinking funds and to keep quiet and not tell.
Such a man could want to put the bite on the city to keep quiet.
If so the very best settlement that we could possibly hope for would
be settle with him on an early retirement or possibly go to new
lows of removal in city government. Comparable to maybe what
someone like Kissinger or maybe Pete Rose would consider attractive.
That is why I am standing before you today. If we rearrange our
city offices and department right, nobody could or would be very
upset about it or get very mad because more and more all these
accountants and auditors are being put under strict surveillance.
It's just time, right now, to take necessary steps."
The recording of the entire regular City Council meeting is on file
in the office of the City Secretary.
Following Mr. Marshall's presentation Councilwoman Jordan expressed
objection to the statements in Mr. Marshall's presentation with reference
to Director of Finance, Sterling Miller, now deceased. Councilwoman
Jordan moved that these remarks made, with reference to the Director of
Finance, be stricken from the record as they are not pertinent and are
damaging to the family of the former Director of Finance. Councilman
McAlister responded that he felt the statements were libelous and should
remain a part of the public records; this latter comment was concurred
NOV79
by City Attorney John Ross. Mr. Ross further stated that there are two
kinds of law - one kind of law is that which applies to the functions
and responsibilities of the City Council under which they serve as the
governing and regulatory body for the City of Lubbock; the second kind
of law is the kind that Mr. Marshall understands whereby he takes things
out of context, and is interpreted by his own personal opinion; that the
Attorney General's Opinion to which he referred relates to the office
of the County Treasurer and is not related to municipal government at all.
Miss Jordan then revised her motion to reflect that the Council accept
Mr. Marshall's presentation as read into the record, but wishes the
record to reflect that they take exception to the comments with reference
to the Director of Finance, finding them highly offensive and totally
inappropriate and in no way are those remarks endorsed by the City
Council. This motion was seconded by Councilman McAlister. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
79-38k684-1185 Ordinance No. 7943 - Zone Case No. 2257
(11)
Request of Ken Flagg (for High Country Joint Venture) to change Lots 1
thru 6, High Country Addition, CitX of Lubbock, Lubbock Count , Texas,
from R-1 to R-2 Zoning District (located at 9801 Memphis Avenue).
LGB:pc ORDINANCE NO. 7943
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. 2257
CHANGE LOTS 1 THROUGH 6 HIGH COUNTRY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED
FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
The motion was made by Councilman McAlister, seconded by Councilwoman
Jordan to pass said ordinance on second and final reading. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
79-38g684-1186 Ordinance No. 7944 - Zone Case No. 2259
(12)
Request of Manuel Figueroa for a specific Use Zone Change, from M-1
and M-2 to M-2 Specific Use Permit under provisions of Section 22.3-17
of the Zoning Ordinance, for a salvage yard on a tract of land out of
a tract of land out of Section 2, Block S, City of Lubbock, Lubbock
Count , Texas located West of Southeast Drive and from 250 feet to 738
feet South of 50th Street), subject to the following condition:
1. That the fence and the area are to be approved by the staff.
At the time this zone request was approved on first reading, on October
25, 1979, it was understood by proponent that he was to file with the
appropriate staff members a detailed plan of the fence to be errected
around the salvage yard. Mr. Jim Bertram, Director of Planning, indicated
that a drawing of the fence was submitted to his office, but it is not
in sufficient detail to be acceptable. Proponent was not present in
the Council Chambers at this time.
The motion was made by Councilwoman Jordan, seconded by Councilman
McAlister to take no action on this matter at this time, and to consider
it again at the November 29, 1979 Council meeting. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
79-381684-1187 Ordinance No. 7945 - Zone Case No. 2258
(13)
Request of C. Earl Hildreth (for Otis Maner and Kyle Bartee) to change
Lot 7, and the East 25 feet of Lot 8, Block 1, West Lawn Addition, Cit
of Lubbock,_ Lubbock County, Texas from R-1 to AM Zoning District (locat
at 3413 - 19th St.), subject to the following condition:
I. That the fence and the area are to be approvedb the staff.
ORDINANCE NO. 7945
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. 2258;
CHANGE LOT 7 AND THE EAST 25 FEET OF LOT 8, BLOCK 1, WEST LAWN ADDITION, CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO AM ZONING DISTRICT; SUBJECT TO
A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY
CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to pass said ordinance on second and final reading. Motion carried:
f
'm
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Adertoi
and McAlister voting Yea; none voting Nay.
Ordinance No. 7946
To comply with the Council's request at first reading, on October 25,
1979, this ordinance was amended to reflect a separate ordinance for ea(
and every landmark so designated at the October 25, 1979 meeting.
79-38A-685-1188 Ordinance No. 7946-A - Zone Case No. 2243
(14)
An ordinance adopting a certain policy regarding ublic improvements anc
landscaping within public streets and street easements within the boundaries
of the South Overton Addition. • • • ••_._._
LGB:pg
ORDINANCE NO. 7946-A
AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS ADOPTING A CERTAIN POLICY
REGARDING PUBLIC IMPROVEMENTS AND LANDSCAPING WITHIN PUBLIC STREETS AND STREiET
EASEMENTS WITHIN THE BOUNDARIES OF THE SOUTH OVERTON ADDITION, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. II
The Legal Department indicated that the non -building public facility
landmarks are questionable as far as the DH designation; that these items
are automatically protected under Section 22a.9-3, entitled "Public
Improvements"; that installation and alteration of public improvements
within the district be coordinated with the Urban Design Commission for
recommendations to the City Council; that inasmuch as no defined district
within which these public improvements are located, the district boundaries
will eventually be reinstated, and preservation of these landmarks will
be purely voluntary on the part of the City departments involved. The
legal opinion of City Attorney John Ross is on file attached to the
referenced ordinance.
The motion was made by Councilman McAlister, seconded by Councilwoman
Jordan to pass Ordinance No. 7946-A on second and final reading. Motion
carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining.
79-38k685-1189 Ordinance No. 7946-B - Zone Case No. 2243
(14-A)
An ordinance changing Lot 12 and the West
Overton Addition from R-2 to R-2 I
LGB : cl
-Third of Lot 11, Block
District (Miller -toter
ORDINANCE NO. 7946-B
AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK,
BEING THE ZONING CODE, SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE
NO. 2243; CHANGE LOT 12 AND THE WEST ONE THIRD OF LOT 11, BLOCK 79,
OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2
TO R-2(DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING
CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; INCORPORATING
PHOTOGRAPHS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5
OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The motion was made by Councilwoman Jordan, seconded by Councilman
McAlister to pass said ordinance on second and final reading. Motion
carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining.
79-38L685-1190 Ordinance No. 7946-C - Zone Case No. 2243
(14-B)
An ordinance changing Lot 1 and the East 40 Feet of Lot 2, Block 76
Overton Addition from R-2 to R-2 (DH) Zoning District (Kuykendall H
A letter dated November 7, 1979 by Mr. Roger L. Kuykendall, Attorney -
in -fact for G. P. Kuykendall and Mary V. Kuykendall was filed with the
City Secretary on November 7, 1979 indicating that the consensus of the
members of the Kuykendall family reflect that they wish the property
to not be designated as a historic landmark. In keeping with the
family wishes, the motion was made by Councilman Aderton, seconded by
Councilman McAlister to DELETE this proposed ordinance from the DH
designation. Motion carried: Mayor West, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor
Pro Tem Henry abstaining.
At 10:15 p.m., as the Council reconvened from a short recess,
representatives of the Overton South Neighborhood Association requested
to make additional comments in regard to this matter. The motion
was made by Councilwoman Jordan, seconded by Councilman McAlister to
reconsider this item allowing additional testimony. Motion carried:
Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay; Mayor Pro Tem Henry abstaining.
• � 1
NOV 8 1979
Appearance: Linda Hogan
Ms. Hogan, indicated that the Association had the total support of Mr.
George Kuykendall from four years ago when the plans were initiated to
create a Design Historic District; that Mr. Kuykendall has served
as a member of the Advisory Board of the Association; that he was
consulted before this matter came up for consideration and first reading,
at which time he indicated that the house had been willed to a foundation
over which Mr. Roger Kuykendall is Chairman of the foundation. Subsequent
contact with Mr. Roger Kuykendall reflected that Mr. Roger Kuykendall
did not give his full consent to the designation nor did he express his
objection to the designation.
Councilman Aderton recommended that the Council comply with the family
wishes with respect to this designation.
The motion was made by Councilman McAlister, seconded by Councilman
Aderton to DELETE this property from the Design Historic District
designation in compliance with the Kuykendall family wishes. Motion
carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining.
79-388686-1191 Ordinance No. 7946-D - Zone Case No. 2243
(14-C)
An ordinance chap
Overton Addition f
ing Lot 2 and the East One-half of Lot 3, Block 47,
ram R-2 to R-w (DH) Zoning District (Etz Home).-�
LGB:pc ORDINANCE N0. 7946-D
AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING
THE ZONING CODE, SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2243;
CHANGE LOT 2 AND THE EAST ONE HALF OF LOT 3, BLOCK 47, OVERTON ADDITION, CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 to R-2(DH) ZONING DISTRICT;
DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL
FEATURES OF THAT LANDMARK; INCORPORATING PHOTOGRAPHS; PROVIDING FOR A PENALTY
AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman McAlister, seconded by Councilwoman Jordan
to pass said ordinance on second and final reading. Motion carried:
Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay; Mayor Pro Tem Henry abstaining.
79-38G686-1192 Ordinance No. 7946-E - Zone Case No. 2243
(14-D)
79-384686-1193
(14-E)
An ordinance changing Lot 7 and tl
Overton Addition from R-2 to R-2 i
West One -Half of Lot 6, Block 80,
) Zoning District (Nislor-Napier Home).
LGB:bs ORDINANCE NO. 7946-E
AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, TEXAS,
BEING THE ZONING CODE, SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO.
2243; CHANGE LOT 7 AND THE WEST ONE-HALF OF LOT 6, BLOCK 80, OVERTON ADDITION,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO R-2(DH) ZONING DISTRICT;
DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL
FEATURES OF THAT LANDMARK; INCORPORATING PHOTOGRAPHS; PROVIDING FOR A PENALTY
AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING FOR A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman McAlister, seconded by Councilwoman Jordan
to pass said ordinance on second and final reading. Motion carried:
Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay; Mayor Pro Tem Henry abstaining.
Ordinance No. 7946-F - Zone Case No. 2243
An nrdinanrp r
79-389686-1194 Ordinance No. 7946-G - Zone Case No. 2243
(14-F)
An ordinance chanSing Lot 3 and the West 15 Feet of Lot 2 Block 73,
Overton Addition from R-2 to R-2 (DR) Zoning District (Cox Home).
By CONSENSUS the Council agreed to consider these two matters after holding
Executive Session. Mr. Bobby Moody on behalf of First Baptist Church
requested an approximate time so that he might be present in the Council
Chambers. It was agreed that 2:15 p.m. would be an appropriate time.
(See page 715 for the appropriate action on this matter.)
M
NOV 8 1979
79-30-687-1195
(14-G)
79-38t687-1196
(15)
79-38L687-1197
(16)
,}
79-38m687-1198
(17)
Ordinance No. 7946-H - Zone Case No. 2243
An ordinance changing Lots 21 through 24, Block 103, Overton Additon from
A_1 to A-1 (DH) Zoning District (St. Paul's Episcopal Church).
LGB : pg
ORDINANCE NO. 7946-H
AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING
THE ZONING CODE, SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO.
2243, CHANGE LOTS 21 THROUGH 24, BLOCK 103, OVERTON ADDITION, CITY
OF LUBBOCK, LUBBOCK COUNTY TEXAS, FROM A-1 to A-1(DH) ZONING DISTRICT;
DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL
FEATURES; INCORPORATING PHOTOGRAPHS; PROVIDING FOR A PENALTY AS PROVIDED
FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said ordinance on second and final reading. Motion carried:
Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay; Mayor Pro Tem Henry abstaining.
Ordinance No. 7947
An ordinance amending Zoning Ordinance No. 7084 with respect to Section
22.3.1-7 entitled "SINGLE FAMILY PATIO HOUSES ZERO LOT LINE IN ANY
RESIDENTIAL DISTRICT" and Section 22.3-1-7-1 entitled "YARD REQUIREMENTS".
LGB:pg ORDINANCE NO. 7947
AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK,
BY AMENDING THE APPENDIX -ZONING ORDINANCE THERETO; PROVIDING FOR A
DEFINITION OF A "HOUSE, ZERO LOT LINE"; PROVIDING FOR ZERO LOT LINE
HOUSES AS A SPECIFIC USE PLANNED UNIT DEVELOPMENT IN ANY ZONE DISTRICT;
PROVIDING FOR YARD REQUIREMENTS; LOT WIDTH; PROVIDING FOR LOT AREA;
PROVIDING FOR LOT COVERAGE; PROVIDING FOR A HEIGHT LIMIT; PROVIDING
FOR OFF-STREET PARKING; PROVIDING FOR LOT ACCESS; PROVIDING FOR FENCING;
PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE;
PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman McAlister, seconded by Councilwoman Jordan
to pass said ordinance on second and final reading. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
Ordinance No. 7948
Ordinance altering the speed limit on North Quirt Avenue between Ursuline
Street and Bluefield Rd.
LGB:pc ORDINANCE NO. 7948
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF NORTH QUIRT AVENUE, AS HEREINAFTER MORE PARTICULARY DESCRIBED
IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT
THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT;
APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN;
PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY AS
PROVIDED IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to
pass said ordinance on second and final reading. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
Ordinance No. 7949
Ordinance establishing traffic control devices in the vicinity of Tech
Terrace Park.
ORDINANCE NO. 7949
AN ORDINANCE ALTERING THE TRAFFIC FLOW PATTERNS AT THE INTERSECTIONS
OF GARY AVENUE WITH TWENTY FIFTH STREET AND FLINT AVENUE WITH TWENTY
FIFTH STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY
OF THIS ORDINANCE, BY PLACING VEHICULAR BARRICADES THEREON AND CAUSING
A CONDITION OF "NO THROUGH TRAFFIC" FOR VEHICULAR PUPROSES BUT RETAINING
A PEDESTRIAN WALKWAY THEREIN; REPEALING CONFLICTING ORDINANCES TO THE
EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY CLAUSE AS PROVIDED FOR
IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
NOV 8 1979
79-38P-688-1199
(18)
79-389-688-1200
(19)
79-38►Q688-1201
(20)
79-38&688-1202
(21)
79-384688-1203
(22)
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to pass said ordinance on second and final reading. Motion carried:
Mayor Pro Tem Henry, Councilwoman Jordan, and Councilman Aderton voting
Yea; Mayor West and Councilman McAlister voting Nay.
Ordinance No. 7950
Ordinance amending the Lubbock Electrical Code concerning fee schedules
for electrical permits.
The Electrical Board had requested additional time to consider this
ordinance before second reading, which will be considered at the November
29, 1979 Regular Council Meeting.
Ordinance No. 7951
Ordinance amending the Plumbing Code concerning permit fees.
LGB : cl
ORDINANCE NO._7951
AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK (BEING ORDINANCE NO. 6269, THE PLUMBING CODE), BY AMENDING SECTION 24-
24 THEREOF PROVIDING FOR PERMIT FEES; REPEALING CONFLICTING ORDINANCES TO THE
EXTENT OF SUCH CONFLICT, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY
AS PROVIDED IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION.
Ordinance No. 7952
Ordinance amendin the Uniform Building Code concerning building permit
fees.
LGB:cl
ORDINANCE NO. 7952
AN ORDINANCE AMENDING SECTION 303(a) OF THE UNIFORM BUILDING CODE, 1976
EDITION, THE SAME AS PREVIOUSLY AMENDED HAVING BEEN ADOPTED AS THE BUILDING
CODE FOR THE CITY OF LUBBOCK, BY REVISING THE BUILDING PERMIT FEE SCHEDULE,
REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT, PROVIDING A
SAVINGS CLAUSE, PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY
CODE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to pass Ordinances No. 7951 and No. 7952 on second and final reading.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
Ordinance No. 7954
Ordinance calling for an election resulting from petitions being circulated
by the Lubbock Firefighters Association with respect to the collective
bargaining issue and with respect to.a 15% pay increase, and authorizing
Mayor to execute an ORDER calling an election for January 19, 1980.
DGV:cI
ORDINANCE NO. 7954
AN ORDINANCE ORDERING A SPECIAL ELECTION IN THE CITY OF LUBBOCK, TEXAS, TO
BE HELD ON THE 19TH DAY OF JANUARY, 1980, FOR THE PURPOSE OF SUBMITTING TO THE
QUALIFIED VOTERS OF THE CITY OF LUBBOCK FOR APPROVAL OR REJECTION THE PROPOSED
ADOPTION OF VERNON'S ANN.CIV.ST. ART. 5154c-1, "THE FIRE AND POLICE EMPLOYEE
RELATIONS ACT", AND SUBMITTING FOR APPROVAL OR REJECTION A PROPOSED CITY ORDINANCE
GRANTING FIREMEN A FIFTEEN (15) PERCENT PAY INCREASE FOR FISCAL YEAR 1979;
DESIGNATING THE PLACES AT WHICH SAID SPECIAL ELECTION WILL BE HELD; DESIGNATING
THE HOURS OF SUCH SPECIAL ELECTION; PROVIDING FOR NOTICE OF SUCH SPECIAL ELECTION;
PROVIDING FOR SERVICE UPON PRECINCT JUDGES AND PROVIDING FOR BALLOTS.
Ordinance No. 7955 *NOTE: Order and Notice of Special Election on page 688
Ordinance _ _ amending Chapter 10, Sec. 10-6 of the Code of Ordinances with
respect torecinct boundaries and votin laces.
DGV:cl
ORDINANCE NO. 7955
AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF PORTIONS OF SECTION 10-6 WITH
REGARD TO BOUNDARY DESCRIPTIONS OF PRECINCTS 20, 27 AND 52; ADDING THERETO A
BOUNDARY DESCRIPTION FOR A PRECINCT 59; PROVIDING FOR A MAP OF THE VOTING PRE-
CINCTS OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF SECTION 10-6 NOT
AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to pass Ordinances No. 7954 and No. 7955 on second and final reading.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
boy 8 1979
79-38489-1204
(23)
Ordinance No. 7956
Ordinance granting, under the Act governing the Texas Municipal Retirement
System, "Updated Service Credit".
JCR:cl
ORDINANCE NO. 7956
AN ORDINANCE DETERMINING TO GRANT, PROVIDING FOR AND ALLOWING,
UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED
SERVICE CREDIT" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING
MEMBERS OF SUCH SYSTEM IN THE EMPLOYMENT OF THE CITY OF LUBBOCK; ELECTING
AND PRESCRIBING THE EFFECTIVE DATE OF SUCH UPDATED SERVICE CREDITS;
AUTHORIZING AND PROVIDING FOR ALLOWANCE OF INCREASES IN MONTHLY BENEFITS
PAYABLE BY TEXAS MUNICIPAL RETIREMENT SYSTEM TO RETIRED EMPLOYEES AND
TO BENEFICIARIES OF DECEASED EMPLOYEES, AS CURRENT SERVICE ANNUITIES
AND PRIOR SERVICE ANNUITIES ARISING FROM SERVICE OF SUCH EMPLOYEES
TO THIS CITY.
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to pass said ordinance on second and final reading. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
79-38g689-1205 Hold a public hearing for the pur2ose of considering a 2roject for which
(24) Federal Operating Assistance under Section 5 of the Urban Mass Trans ortat
Act of 1964 as amended, is being sought.
In accordance with a Notice published in the Lubbock Avalanche -
Journal on October 9 and 29, 1979, a public hearing was held on this
matter.
Proponent: Denzel Percifull, Director of Public Facilities
The purpose of this public hearing is to allow any citizens the
Opportunity to comment in regard to the Operating Assistance Grant
approved by the City Council and UMTA in the amount of $530,812. The
City's share of this Grant is in the sum of $360,163. There being
no discussion and no opposition, the hearing was closed.
79-38ft689-1206 Resolution No. 322
(25)
A resolution authorizing the Mayor to sign an ap2lication for an
Operatin& Assistance Grant FY 1979-80 from Urban Mass Transportation
Administration.
DGV:cl
RESOLUTION
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THEj ]EPARTMENT OF
TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS
TRANSPORTATION ACT OF 1964, AS AMENDED.
WHEREAS, the Secretary of Transportation is authorized to make grants fir
mass transportation projects;
WHEREAS, the contract for financial assistance will impose certain oblia-
tions upon the applicant, including the provision by it of the local share A
project costs;
WHEREAS, it is required by the U.S. Department of Transportation in accrd
with the provisions of Title VI of the Civil Rights Act 1964, that in connection
with the filing of an application for assistance under the Urban Mass Trans-'
portation Act of 1964, as Amended, the applicant give an assurance that it will
comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of
Transportation requirements thereunder; and
WHEREAS, it is the goal of the Applicant that minority business enterprise
be utilized to the fullest extent possible in connection with this project, and
that definitive procedures shall be established and administered to ensure that
minority businesses shall have the maximum feasible opportunity to compete for
contracts, when procuring construction contracts, supplies, equipment con-
tracts, or consultant and other services:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
I. That the MAYOR is authorized to execute and file an application on'
behalf of the City of Lubbock with the U.S. Department of Transportation, to
aid in the financing of operating assistance projects pursuant to Section 5 if
the Urban Mass Transportation Act of 1964, as amended, for fiscal year 1979-90.
2. That the MAYOR is authorized to execute and file with such appli- 11
cations an assurance or any other document required by the U.S. Department of
Transportation effectuating the purposes of Title VI of the Civil Rights Act of
1964.
PAGE 690 IS NEXT.
688-A
NOV 8 197
r
f
n
r
(Item # 79-380688-1202)
(21)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
CITY OF LUBBOCK
ORDER AND NOTICE
OF
SPECIAL CITY ELECTION
ELECTION ORDER
I, Dirk West, Mayor of the City of Lubbock, Texas, by virtue of the
authority vested in me by law, and according to the provisions of Vernon's
Ann.Civ.St. Art. 5154c-1 and the Election Code of the State of Texas, do
hereby order that a Special Election be held in the City of Lubbock, Texas, on
January 19, 1980, for the purpose of submitting the following proposals to the
qualified voters of the City of Lubbock for approval or rejections:
PROPOSAL NO. 1
FOR or AGAINST the following:
Adoption of the state law applicable to "firefighters", which establishes
collective bargaining when a majority of the affected employees favor
representation by an employees' association and which preserves the
prohibition of strikes and lockouts and provides penalties therefor.
PROPOSAL NO. 2
FOR or AGAINST the adoption of a city ordinance of the City of
Lubbock, Texas, to read as follows:
Firemen of the City of Lubbock, Texas, are hereby granted a fifteen
(15) percent pay increase for fiscal year 1979, said pay increase
to be computed on each fireman's base pay scale under each said
fireman's job grade held by each said fireman on October 1, 1979,
the first day of fiscal year 1979 for the City of Lubbock, Texas;
provided, however, that under no circumstances is said fifteen (15)
percent pay increase for the fiscal year 1979 to exceed fifteen
(15) percent when taken in conjunction with any other pay increase
granted to fireman of the City of Lubbock, Texas, effective at the
beginning of the fiscal year 1979 for the City of Lubbock, Texas.
The word fireman in this ordinance shall mean fireman, equipment
operator, fire lieutenant, fire captain, district chief, and
deputy chief.
Said Special Election shall be held pursuant to an Ordinance passed by
the City Council of the City of Lubbock on the day of ,
1979, which Ordinance is attached hereto as Exhibit A and made a part of this
Order and Notice of Special City Election for all intents and purposes.
Said Special Election shall be held at the polling places set forth in
City Ordinance No. 7954. Said polls shall be open from 7:00 A.M. to 7:00 P.M.
and all electors shall vote in the precinct of their residence. Electronic
voting machines shall be used for this Special Election.
The persons set forth in Exhibit B attached hereto and made a part of this
Order and Notice of Special City Election for all intents and purposes are
appointed Judges and Alternate Judges to hold said Special Election on January
19, 1980. Each Presiding Judge so named is authorized to appoint not less than
two clerks and as many additional clerks as are required, but not exceeding a
total of six clerks, for the proper conduct of the election. The Alternate
Judges shall serve as Presiding Judges in event the regularly appointed Pre-
siding Judge is unable to serve, and the Alternate Judge shall be appointed by
the regular Presiding Judge to serve as one of the clerks in the event the
Special Election is conducted by the regularly appointed Presiding Judge.
ELECTION NOTICE
The Chief of Police is hereby directed to post a properly executed copy of
this Order and Notice of Election a t the places listed in Exhibit B. Said
notices shall be posted at least twenty (20) days before said election and the
officer posting said notices shall make due return showing such posting in
accordance with this Order.
688,6
NpV g 1979
1,
The City Secretary shall serve a duly certified copy of this Election
Order and Notice upon each of the Special Election Judges and Alternate Judges
named in Exhibit C. Such service shall be by United States mail or by personal
delivery within twenty (20) days after the date of this Order and Notice.
SIGNED AND EXECUTED IN THE CITY HALL AT LUBBOCK, TEXAS, this 8th day
of November , 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
ME
NOV 8 19
3. That JOHN L. WILSON, Transit Coordinator, is authorized to furnish
such additional information as the U.S. Department of Transportation may
require in connection with the application or the project.
4. That the MAYOR is authorized to set forth and execute affirmative
minority business policies in connection with the project's procurement needs.
5. That the MAYOR is authorized to execute grant contract agreements on
behalf of the City of Lubbock with the U.S. Department of Transportation for
aid in the financing of the operating assistance projects.
Passed by the City Council this 8th day of November, 1979.
/s/ Dirk West
F DIRK WEST, MAYOR
e ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
r
/s/ John L. Wilson
John L. Wilson, Transit Coordinator
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
*NOTE: Documents filed with original Resolution No. 322.
Motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton
to pass said resolution with respect to the Operating Assistance Grant
for the funding year 1979-80. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
79-38a690-1207 hearinS
_Hold a public for the purpose of considering the purchase of
(26) 18 buses equi2ped with lifts in lieu of 14 buses without lifts.
In accordance with a Notice published in the Lubbock Avalanche -
Journal on October 7 and 29, 1979, a public hearing was held on this
matter.
Proponent: Denzel Percifull, Director of Public Facilities
The purpose of this hearing is to allow all citizens an opportunity to
comment on the proposed amendment to the Capital Assistance Grant.
The Grant was previously approved authorizing the purchase of fourteen
buses without wheelchair lifts. The proposed amendment to this Grant, for
which this public hearing is held, is to approve the installation of the
wheelchair lifts on the fourteen buses, the purchase of which has been
previously authorized with an increased cost in the sum of $12,000
per bus. Additionally, four additional buses are being requested as
replacements for existing buses as they wear out. Funding for the
additional buses, as well as the increased costs for installing wheel-
chair lifts has been requested from UMTA, final approval yet to be
received. All of the above transactions have been necessitated by a
recent Federal ruling requiring the installation of wheelchair lifts
on public transit vehicles.
Mr. Percifull also referred to a lawsuit that has been initiated by
some of the major cities against the Federal Government with respect
to this new ruling which is creating a financial burden on the
municipalities; some of the cities participating in the lawsuit are
Houston, Dallas, San Antonio, New York, Detroit, Los Angeles. This
public hearing is a requirement of UMTA to comply with the above
regulations. Comments from the Council reflected that possibly Lubbock
should consider being a participant in that lawsuit.
There being no discussion or opposition, the hearing was closed.
79-384-690-1208 Consider the price and conditions of sale of Parcel 40-9 in the
(27) Coronado Tex. R-33 area.
Re -developer: Al Wilford for single-family residence
($750.00)
The motion was made by Councilwoman Jordan, seconded by Councilman
McAlister to approve the sale of the above referenced parcel. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Council-
men Aderton and McAlister voting Yea; none voting Nay.
79-38491-1209 Consider the use of Community Development Contingency Funds for cost
(28) overruns associated with landscaping and clean-up of Day Care Center #1.
The 5th Year Community Development Program approved $35,000 for
cleanup and landscaping of Day Care Center #1, located at First Street
and Avenue S. The Center is built on a site of an old concrete plant.
The playground area covering six -eight inches of reinforced concrete
and having eight foot to ten foot high concrete bunkers which cover a
tunnel. This past summer the personnel at the Center found rats living
in the tunnels, and due to the rats and overgrowth of weeds, the Texas
Department of Human Resources cited the Center in their license
reviews. To correct the problem, the concrete needed to be removed and
covered with topsoil. To remove the concrete completely, the estimated
cost was $29,500. The Parks and Recreation Department has prepared a
site plan which will solve the problem and result in a well -landscaped
and low -maintenance playground area. The estimated cost being $53,311.
It has been recommended to the Lubbock Day Care Association that they
contribute $8,911 for playground equipment and for paving and service
drive construction. To cover the anticipated cost overruns, in the sum of
$9,400, it is recommended that CD Contingency Funds be utilized for this
project. The cleanup and landscaping should be completed by the Spring of
1980.
Comment was made that the Lubbock Day Care Center had received a gift
of $4,500.00 to apply on their portion of the costs.
Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister
to approve the project referenced above and authorize the use of CD
Contingency Funds. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
79-3 6 691-1210 Resolution No. 323
(29)
A resolution directing the Engineer to prepare and file estimates and
rolls for curb and gutter improvements on Slide Road from 82nd Street
to 98th Street.
RESOLUTION
RESOLUTION DIRECTING ENGINEER TO PREPARE AND FILE ESTIMATES, ROLLS,
ETC., IN CONNECTION WITH PROPOSED OUTERMOST CURB AND GUTTER IMPROVEMENTS
ON SLIDE ROAD FROM 82ND STREET TO 98TH STREET IN THE CITY OF LUBBOCK,
TEXAS.
WHEREAS, the Governing Body of the City of Lubbock has heretofore
ordered and provided for the outermost curb and gutter improvement
of a portion of Slide Road in the City as designated below:
Slide Road from its intersection with the South Property Line
of 82nd Street to its intersection with the North Property Line of
98th Street known and designated as Sub -Unit Number 36 of Unit Number
2233.
AND it is proposed to make and levy assessment against abutting
property and the owners thereof and others for a portion of the cost
of such improvements.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS, THAT:
The Engineer of the City be, and he is hereby directed to prepare
and file with the City estimates showing cost of improvements in each
Unit, showing the description of the property abutting upon each unit
with the names of the owners of such property and the amounts proposed
to be assessed against each parcel of property showing other matters
and things, it being specially provided, however, that any mistake
in such estimates or in amounts and in the descriptions of property
or names of owners shall in no wise affect, invalidate or impair any
assessment which may be levied.
II.
Such estimates, rolls and statements shall show all information
required to be shown thereon by the proceedings of the City relating
to such improvements and the law and charter with amendments in force
F1,
I
11
U 1 Cl-
NOV 8 1979
79-384692-1211
(30)
I
in the City, and by the provisions of Article 1105B, Revised Civil
Statutes of Texas as amended by Chapter 281, Acts of the 52nd Legislature.
This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED, THIS THE 8thDAY OF November , 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/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
This resolution is the second of four resolutions needed for assessing
property owners for their costs of curb and gutter for the Highway
Department's paving of Slide Road from 82nd Street to 98th Street.
Ordinance No. 7957
An appropriation ordinance for curb and gutter improvements on Slide
Road from 82nd Street to 98th Street_
ORDINANCE NO. 7957
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
The sum $10,000.00
For the following purpose:
Slide Road Paving Improvements (S.H.D. F.M. Road) from 82nd Street to
98th Street for City's Cost and Engineering to be increased later to
include accounts receivable and increased City cost.
AND IT IS SO ORDERED
Passed by the Council on first reading this 8th day of November , 1979.
Passed by the Council on second reading this day of , 1979.
DIRK WEST, MAYOR
ATTEST:
Evelyn Gaffga, City Secretary-Treas. VERIFIED BY: /s/ Jim C. Blagg
FINANCE OFFICER
APPROVED BY: /s/ Wilford D. Watson.Water Utilities
Wilford D. Watson
City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
�93
9V 8 1979
This appropriation ordinance is for a part of the curb and gutter
improvements which are part of the above paving project, and is in
the amount of $10,000.
The motion was made by Councilwoman Jordan, seconded by Councilman
Aderton to pass Resolution No. 323 and to pass Ordinance No. 7957 on
first reading. Motion carried: Mayor West, Mayor Pro Tem. Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
79-3A693-1212 Resolution No. 324
(31)
A resolution ac_qepting pavinaim rovements constructed by Kerr Construction]
Company on the 1979 Assessment Paving Program -- G.W.O. 10,976 (Unit No.
A-460-72).
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/U
AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN
EVIDENCE OF ASSESSMENTS LEVIED.
WHEREAS, the City of Lubbock heretofore passed various street
improvement ordinances and resolutions and entered into contract with
Kerr Construction Company, G.W.O. 10,976, for the making and construction
of street and/or alley improvements on portions of numerous alleys,
streets and/or avenues in said City including among others the following:
The East-West alley between 42nd Street and 43rd Street from the
East Property Line of Indiana Avenue to the West Property Line
of Hartford Avenue known and designated as Sub -Unit Number 72
of Unit Number A-460.
AND WHEREAS, the improvements upon the said portions of the abovementi+
ned
alleys, streets and/or avenues, have been inspected and found to have
been constructed in accordance with terms of said contract G.W.O. 10,976.
THEREFORE, BE ITf ESOLVED BY THE CITY OF LUBBOCK, TEXAS:
�I
I.
That the improvements on said portions of the abovementioned alleys,
streets and/or avenues be and the same are hereby accepted, and the
City Engineer be and he is hereby authorized to direct payment of the
City portion of the cost.
II.
That the Mayor and City Secretary be, and they are hereby instructed
to execute and deliver certificates in evidence of the assessments
levied against the parcels of property abutting upon the said portions
of the alleys, streets and/or avenues listed above and against the
owners of such property in accordance with law and in the manner provided i
in said contract, and the proceedings with reference to said improvements '
and assessments where such assessments were levied.
III.
This resolution shall take effect and be in force from and after
its passage.
PASSED AND APPROVED THIS 8th DAY OF November 1979.
,
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/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. *NOTE: Consolidated Final Estimate
John C. Ross, Jr., City Attorney attached to original Resolutionl�o. 324
This is accepting the paving of the eastwest alley located between
42nd Street and 43rd Street, behind Parsons Elementary School. The
City's portion is $7,357.97; the total contract cost was $15,445.97.
NOV s �:
79--384-694-1213
(32)
F
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
Resolution No. 325
Consider Engineering Services Contract with Urban Renewal ency for
Fifth Year sidewalk im royements.
JWF:bs
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract for
Engineering for sidewalk improvements with the Urban Renewal Agency of the
City of Lubbock under the Community Development Program, Fifth Year, areas
7C, 20A, 25A, 26C, 27A and 29A, 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 8th day of November
ATTEST:
/s/ Evelyn Ga€fga
Evelyn Gaffga, City Secretary-Treas.
APPROVED AS TO FORM:
/s/ J. Worth Fullingim _
J. Worth Fullingim, Assistant City
Attorney
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Engineering Department
/s/ Dirk West
DIRK WEST, MAYOR
CONTRACT FOR ENGINEERING SERVICES
Part I
1979.
This agreement entered into this 8th day of November , 1979, between
the Urban Renewal Agency of the City of Lubbock, Lubbock County, Texas, (Referred
to as "Local Public Agency") and the City of Lubbock, A Home Rule Municipal Corpo-
ration of Lubbock County, Texas (Referred to as "Contractor"):
WITNESSETH:
WHEREAS, the Agency has entered into a funding agreement with the City of
Lubbock, Texas, providing for the funding of certain activities and services to be
provided by the Agency pursuant to the Housing and Community Development Act of
1974, and rules and regulations promulgated thereunder by the Department of
Housing and Urban Development; and
WHEREAS, the Agency, pursuant to such funding agreement with the City of
Lubbock, Texas is undertaking certain site improvement activities in the areas of
the City of Lubbock purusant to the Community Development Plan as prepared by the
City, and for which the funds are to be provided under such agreement, and the Agency
desires to engage the Contractor to render certain technical advice and assistance
in connection with such undertaking of the Local Public Agency for the fifth year of
the Community Development Program as adopted by the City of Lubbock and as to be
undertaken by the Agency.
WHEREAS, the Local Public Agency and the Contractor are separate public enti-
ties and not connected; NOW THEREFORE, the parties to this Contract do mutually agree
as follows:
1. Scope of Services. The Contractor shall perform all necessary services
provided under this Contract in connection with and respecting the following Project
area within the City of Lubbock, Lubbock County, Texas, and being more particularly
described in Exhibit "A" attached hereto and made a part thereof, and shall do,
perform, and carry out, in a satisfactory and proper manner, as determined by the
Local Public Agency, the following:
wq5
air 8 1979
General Supervision, including Field Layout, and Administration of Authorized
Construction and continuous resident field inspection, and acceptance
for final payment for a sidewalk improvements in the Lubbock Community
Development Program, Fifth Year, Areas 7C, 20A, 25A, 26C, 27A and
29A.
The Local Public Agency shall furnish copies of all final plats
filed on record in the Project Area to the Contractor.
2. Time of Performance. The services of the Contractor are
to commence on November 1, 1979, and shall be undertaken and completed
in such sequence as to assure their expeditious completion in the
light of the purposes of this Contract; but in any event all of the
services required hereunder shall be completed by November 1, 1980.
3. Compensatio_n for Services. Local Public Agency will pay
to the Contractor a sum not to exceed $6,750.00 which shall constitute
full and complete compensation for Contractor's services hereunder.
Such sum will be paid as follows:
The Contractor shall deliver to the Local Public Agency within
the first fifteen (15) days of a calendar month following a calendar
month in which any contract services were rendered, an itemized statement
stating the nature of the contract services were rendered, materials
used, if any, the time expended in the performance of such services
and the sum demanded. The Contractor will charge the Local Public
Agency for the actual labor and material expenses incurred by it
in fulfilling the Contract. As a basis of determining the charges
to the Local Public Agency, the Contractor shall establish a G.O.W.O.
number to which all labor and material expenses will be credited.
Employee time cards for the Project will be maintained together with
requisitions for materials used. All records will be open for inspection
by the Local Public Agency.
In addition to the compensation provided above, the Local Public
Agency will reimburse the Contractor monthly for travel and subsistence
expenses in connection with the performance of its duties under this
Contract outside the City of Lubbock, Texas, the actual cost of its
agents or employees transportation by common carrier or the sum of
15 cents per mile of the travel is performed by its own vehicles,
and not to exceed forty dollars ($40.00) per day of subsistence expenses.
It is expressly understood and agreed that in no event will
the total compensation and reimbursement, if any, to be paid hereunder
exceed the maximum sum of $6,750.00 for all of the services required.
4. Terms and Conditions. This agreement is subject to and
incorporates the provisions attached hereto as Part II Terms and
Conditions.
5. NonFederal Labor Standards Provisions. The following labor
standards provisions are applicable to this Contract under State
or local law; provided, that the inclusion of such provisions in
this Contract shall not be construed to relieve the Contractor of
any subcontractor from the pertinent requirements of any corresponding
Federal labor standards provisions of this Contract: And provided
further, that the limitations, if any, in these nonFederal labor
standards provisions upon hours per day, per week, or per month which
the employees engaged on the work covered by this Contract may be
required or permitted to work thereon shall not be exceeded. Where
minimum rates of pay required under State or local law are higher
than the minimum rates of pay required by or set forth in the Federal
labor standards provisions of this Contract for corresponding classifications,
such State or local minimum rates shall be the applicable minimum
rates of pay for such classifications.
6. Prevailing Salaries. Not less than the respective salaries
prevailing in the locality as determined pursuant to the attached
"Determination of Prevailing Salaries of Technical Positions" shall
be paid to persons in the respective occupations listed therein employed
in the performance of work under this Contract.
7. Certifications. The Contracor shall furnish to the Local
Public agency with each statement submitted for services rendered
certifications as to compliance with Section 6 of this Part when
applicable, and a similar certification of his subcontractors with
respect to employees engaged in work under this Contract.
IN WITNESS THEREOF, the Local Public Agency and the Contractor
have executed this agreement as of the date first above written.
ATTEST:
/s/ H. 0. Alderson
Secretary
ATTEST:
/s/ Evelyn Gaff a
City Secretary -Treasurer
URBAN RENEWAL AGENCY OF THE CITY OF
LUBBOCK
BY: /s/ -
Chairman
CITY OF LUBBOCK
BY: /s/ Dirk West
MAYOR
IF],
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NOV 8 is
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APPROVED AS TO FORM:
/s/ J. Worth_ Fullingim
City Attorney
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
RENEWAL ASSISTANCE ADMINISTRATION
CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES
Part II - Terms and Conditions
1. Termination of Contract for Cause. If, through any cause, the Contractor
shall fail to fulfill in timely and proper manner his obligations under this
Contract, or if the Contractor shall violate any of the covenants, agreements,
or stipulations of this Contract, the Local Public Agency shall thereupon have
the right to terminate this Contract by giving written notice to the Contractor
of such termination and specifying the effective date thereof, at least five
days before the effective date of such termination. In such event, all finished
or unfinished documents, data, studies, and reports prepared by the Contractor
under this Contract shall, at the option of the Local Public Agency, become its
property and the Contractor shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents.
Notwithstanding the above, the Contractor shall not be relieved of liability
to the Local Public Agency for damages sustained by the Local Public Agency by
virtue of any breach of the Contract by the Contractor, and the Local Public
Agency may withhold any payments to the Contractor for the purpose of setoff
until such time as the exact amount of damages due the Local Public Agency
from the Contractor is determined.
2. Termination for Convenience of Local Public enc . The Local Public
Agency may terminate this Contract any time by a notice in writing from the
Local Public agency to the Contractor. If the Contract is terminated by the
Local Public Agency as provided herein, the Contractor will be paid in amount
which bears the same ratio to the total compensation as the services actually
performed bear to the total services of the Contractor covered by this Contract,
less payments of compensation previously made: Provided, however, that if less
than sixty per cent of the services covered by this Contract have been performed
upon the effective date of such termination, the Contractor shall be reimbursed
(in addition to the above payment) for that portion of the actual out-of-pocket
expenses (not otherwise reimbursed under this Contract) incurred by the
Contractor during the Contract period which are directly attributable to the
uncompleted portion of the services covered by this Contract. If this Contract
is terminated due to the fault of the Contractor, Section l hereof relative to
termination shall apply.
3. Changes. The Local Public agency may, from time to time, request
changes in the scope of the services of the Contractor to be performed hereunder.
Such changes, including any increase or decrease in the amount of the Contractor's
compensation, which are mutually agreed upon by and between the Local Public Agency
and the Contractor, shall be incorporated in written amendments to this Contract.
4. Personnel. a. The Contractor represents that he has, or will secure
n at his owexpense, all personnel required in performing the services under
this Contract. Such personnel shall not be employees of or have any contractual
relationship with the Local Public Agency.
b. All the services required hereunder will be performed by the Contractor
or under his supervision and all personnel engaged in the work shall be fully
qualified and shall be authorized or permitted under State and local law to
perform such services.
c. No person who is serving sentence in a penal or correctional institution
shall be employed or work under this Contract.
5. Anti -Kickback Rules. Salaries of architects, draftsmen, technical
engineers, and technicians performing work under this Contract shall be paid
unconditionally and not less often than once a month without deduction or rebate
on any account except only such payroll deductions as are mandatory by law or
permitted by the applicable regulations issued by the Secretary of Labor pursuant
to the "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat.
108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The
Contractor shall comply with all applicable "Anti -Kickback" regulations and shall
insert appropriate provisions in all subcontracts covering work under this Contract
to insure compliance by subcontractors with such regulations, and shall be
responsible for the submission of affidavits required of subcontractors there-
under except as the Secretary of Labor may specifically provide for variations
of or exemptions from the requirements thereof.
6. Withholding of Salaries. If, in the performance of this Contract, there
is any underpayment of salaries by the Contractor or by any subcontractor ther-
under, the Local Public Agency shall withhold from the Contractor out of payments
due to him an amount sufficient to pay to employees underpaid the r
difference between the salaries required hereby to be paid and the
salaries actually paid such employees for the total number of hours
worked. The amounts withheld shall be disbursed by the Local Public
Agency for and on account of the Contractor or subcontractor to the
respective employees to whom they are due.
7. Claims and Disputes Pertaining to Salary Rates. Claims
and disputes pertaining to salary rates or to classifications of
architects, draftsmen, technical engineers, and technicians performing
work under this Contract shall be promptly reported in writing by
the Contractor to the Local Public Agency for the latter's decision
which shall be final with respect thereto.
8. Equal Employment Opportunity. During the performance of
this Contract, the Contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The Contractof will take affirmative action to ensure that applican s are
employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor a rees
to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Local Public Agency setting
forth the provisions of this nondiscrimination clause.
b. The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard
to race, color, religion, sex, or national origin.
C. The Contractor will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Contract so that such provisions
will be binding upon each subcontractor, provided that the foregoing
provisions shall not apply to contracts or subcontracts for standara
commercial supplies or raw materials.
9. Discrimination Because of Certain Labor Matters. No person
employed on the work covered by this Contract shall be discharged
or in any way discriminated against because he has filed any complaint
or instituted or caused to be instituted any proceeding or has testified
or is about to testify in any proceeding under or relating to the
labor standards applicable hereunder to his employer.
10. Compliance with Local Laws. The Contractor shall comply
with all applicable laws, ordinances, and codes of the State and
local governments, and shall commit no trespass on any public or
private property in performing any of the work embraced by this Contract.
11. Subcontracting. None of the services covered by this Contract
shall be subcontracted without the prior written consent of the Local
Public Agency. The Contractor shall be as fully responsible to the
Local Public Agency for the acts and omissions of his subcontractors,
and of persons either directly or indirectly employed by them, as
he is for the acts and omissions of personnel directly employed by
him. The Contractor shall insert in each subcontract an appropriate
provisions requiring complaince with the labor standards provisions
of this Contract.
12. Assignability. The Contractor shall not assign any interest
in this Contract, and shall not transfer any interest in the same
(whether by assignment or novation) without the prior written approval
of the Local Public Agency: Provided, however, that claims for money
due or to become due the Contractor from the Local Public Agency
under this Contract may be assigned to a bank, trust company, or
other financial institution, or to a Trustee in Bankruptcy, without
such approval. Notice of any such assignment or transfer shall be
furnished promptly to the Local Public Agency.
13. Interest of Members of Local Public A enc . No member of
the governing body of the Local Public Agency, and no other officer,
employee, or agent of the Local Public Agency who exercises any functions
or responsibilities in connection with the carrying out of the Project
to which this Contract pertains, shall have any personal interest,
direct or indirect, in this Contract.
14. Interest of Other Local Public Officials. No member of
the governing body of the locality in which the Project Area is situated,
and no other public official of such locality, who exercises any
functions or responsibilities in the review or approval of the carrying
out of the Project to which this Contract pertains, shall have any
personal interest, direct or indirect, in this Contract.
15. Interest of Certain Federal Officials. No member of or
Delegate to the Congress of the United States, and no Resident Commissioner,
shall be admitted to any share or part of this Contract or to any
benefit to arise herefrom.
16. Interest of Contractor. The Contractor covenants that he
presently has no interest and shall not acquire any interest, direct
or indirect, in the abovedescribed Project Area or any parcels therin
or any other interest which would conflict in any manner or degree
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Nov 8
r
79-38P 698-1214
(33)
F
r
with the performance of his services hereunder. The Contractor further
covenants that in the performance of this Contract no person having
any such interest shall be employed.
17. Findings Confidential. All of the reports, information,
data, etc., prepared or assembled by the Contractor under this Contract
are confidential and the Contractor agrees that they shall not be
made available to any individual or organization without the prior
written approval of the Local Public Agency.
This contract is in the amount of $6,750 for sidewalk improvements
in seven Urban Renewal areas; the Engineering Department will provide
inspection services for these areas.
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to pass said resolution. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
Resolution No. 326
A resolution accepting avin improvements constructed by W. D. Turner
Construction Company in Valley View Addition Lots 1- 39.
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES
AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of Valley View Addition Lots 1-39 made arrange-
ments with W.D. Turner Construction Company for the construction of paving im-
provements on certain streets dedicated in said subdivision under the provisions
of said Ordinance prior to the recording of the subdivision plat of Valley
View Addition including the following streets:
Meadow Drive from its intersection with the South raw edge of Yucca Lane
to its intersection with North Lip Line of Sunset Lane known and designated
as New Subdivision Unit Number 1712.
Adrian Street from its intersection with East Lip Line of Meadow Drive to
the cul-de-sac East of Meadow Drive known and designated as New Sub-
division Unit Number 1715.
Bradley Street from its intersection with the East Lip Line of Meadow
Drive to the cul-de-sac East of Meadow Drive known and designated as New
Subdivision Unit Number 1716.
Clemson Street from its intersection with the East Lip Line of Meadow
Drive to its intersection with the West Lip Line of Clemson Drive known
and designated as New Subdivision Unit Number 1717.
Clemson Drive from its intersection with the cul-de-sac North of Clemson
Street to the cul-de-sac South of Clemson Street known and designated as
New Subdivision Unit Number 1718.
South 1/2 of Yucca Lane from its intersection with a line 13.00' West
of the West Property Line of Meadow Drive to its intersection with a
line 30.00' West of the West Property Line of United States Highway
87 known and designated as New Subdivision Unit Number 1719.
AND WHEREAS, the construction of the above improvements on the abovemen-
tioned streets was performed under the supervision of the City Engineer, and
said improvements have been completed and have been inspected and found to have
been constructed in accordance with City specifications and in accordance with
the provisions of City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
I.
That the improvements on said portions of the abovementioned streets be
and the same are hereby accepted and the City Engineer be and he is hereby
authorized to direct the payment of the City's portion of the cost and to
release escrow money.
II.
This resolution shall take effect and be in force from and after its passage.
aov 819
PASSED AND APPROVED THIS 8th DAY OF
ATTEST:
Isl Evelyn Gaffe
Evelyn Gaffga, City Secretary-Treas.
APPROVED AS TO CONTENT:
November , 1979.
Isl Dirk West
DIRK WEST, MAYOR
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
i
3
APPROVED AS TO FORM:
Isl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
*NOTE: Consolidated Final Estimated No. 2 - Valley View Addition filed with,
original Resolution No. 326.
This matter is acccepting paving improvements in the Valley View Addition
for asphalt paving. The developer contract was in the amount of
$44,448.62; there is no cost to the City.
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
79-38R 699-1215 Resolution No. 327
(34)
A resolution authorizing the acquisition of necessary right-of-way to
implement CDWO-7923.
JWF:bs
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
That it is to the public interest and general welfare to proceed with
acquisition of right--of-way as needed for Community Development Work Order
7923 at the market values as later deter
Passed by the City Council this 8t
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -
Treasurer
APPROVED AS TO CONTENT:
Isl Tom Nivens
Right -of -Way Department
APPROVED AS TO FORM:
/s/ J. Worth Fullin im
J. Worth Fullingim, Asst. City
Attorney
This resolution authorizes acquisition of the necessary right-of-way
to conduct the paving program for Quirt Avenue on the west side between
East 50th Street and East 52nd Street.
11
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem
Nov 8 19?
79-38P 700-1216
(35)
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79-38L700-1217
(36)
r
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Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
Resolution No. 328
A resolution authorizing the Ma or to execute Form 132 State Depart-
ment of Highways and Public Transportation, dated September 23, 1979,
a refund to the City on the McLart Traffic Circle Property.
JWF : b s
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
That the Mayor be and he is hereby authorized and directed to execute
for and on behalf of the City of Lubbock a Form 132 request to the Department
of Highways and Public Transportation for reimbursement from said Department
to said City relating to expenses incurred by said City as set forth in said
form, a copy of which is attached hereto and made a part hereof.
Passed by City Council this 8th day of November , 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -
Treasurer
APPROVED AS TO CONTENT:
/sl Tom Nivens
Right of Way Department
APPROVED AS TO FORM:
/s/ J. Worth Fullin im
J. Worth Fullingim, Assistant
City Attorney
*NOTE: Form 132 is attached and filed with original resolution.
The State Department of Highways is authorized by this resolution
to reimburse the City in the amount of $9.25 for its share from
the sale of a service station building at Avenue Q, South Drive
and 65th Drive. The City's share is $12.50, less advertising costs
in the sum of $3.25, resulting in the net refund of $9.25.
Motion was made by Councilwoman Jordan, seconded by Councilman
McAlister to pass said resolution. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
Ordinance No. 7958
An ordinance to abandon and close a portion of Vicksburg Avenue.
JWF : pg
ORDINANCE NO. 7958
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: A
PORTION OF VICKSBURG AVENUE IN 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 STREET; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
A portion of Vicksburg Avenue just south of 89th Street is being closed
and will be rededicated by plat with an island in the center of the
street.
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.
1)o1
N0V g 1979
79-38A701-1218 Resolution No. 329
(37)
A resolution authorizing the Mayor to execute a contract covering
private sewage facilities inspection in Lubbock County outside the
City Limits. � � - - - -
DGV:pg
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
covering private sewage facilities inspection in areas outside the City lim!
with LUBBOCK COUNTY, attached herewith which shall be spread upon the minute
of the Council and as spread upon the minutes of this Council shall constitc
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 8th day of November , 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaf€ga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Denzel Percifull
Denzel Percifull, Director of Public Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
THE STATE OF TEXAS
SEWAGE FACILITIES INSPECTION AGREEMENT
§
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
is
THIS Agreement entered into between the Commissioners' Court of Lubbocl�
County, Texas, acting by and through its duly authorized County Judge, here -
after called "COUNTY" and the City of Lubbock, acting by and through its dul
authorized Mayor, hereinafter called "CITY".
WITNESSETH:
WHEREAS, the County Commissioners' Court of Lubbock County, Texas has
by Resolution 75-R-5, as ammended, passed August 11, 1975, determined that ai
need exists to regulate private sewage facilities in the areas of Lubbock County
outside the limits of the City of Lubbock; and
WHEREAS, the County has requested the City to assume the duties of the
licensing authority as set forth in Resolution 75-R-5, as ammended, a copy of
which is attached hereto and made a part hereof; and
WHEREAS, the City of Lubbock agrees to furnish the services of City Health
Department sanitarians for such purposes upon the terms and conditions stated
below:
I. The City agrees that inspectors from the City Health Department
shall be furnished for the purpose of making sewage inspections and related
services in the County of Lubbock outside the limits of the City of Lubbock.
2. The City, in providing this service shall pay all necessary expenses
of such Health Department employees involved in the performance of this
contract which shall include their salaries, necessary administration expense,
fringe benefits for such employees, automobiles, and the maintenance and operation
of such vehicles.
3. The City shall retain any fees generated by the service stated herein
with the intent being that such fees shall in part cover the operational expense
of the inspector's vehicles.
4. The County hereby agrees and obligates itself to pay to the City o
Lubbock the sum of EIGHTEEN THOUSAND DOLLARS ($18,000.00) annually, which s �11
be payable ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) monthly. This monthly
fee shall be paid by the County to the City on the fifteenth day of each mo �h.
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N0V 8 1979
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5. The term of this Agreement shall be for a period of three (3) years
commencing on January 1, 1980 and extending through December 31, 1983.
b. This Agreement may be amended or terminated upon the agreement of
both parties hereto acting through a resolution of the respective governing
bodies.
EXECUTED THIS the bth day of November 1979.
COMMISSIONERS' COURT OF
LUBBOCK COUNTY, TEXAS:
BY: /s/ Rodrick L. Shaw
Rodrick L. Shaw, County Judge
ATTEST:
/s/ Frank Guess
Frank Guess, County Clerk
APPROVED AS TO FORM:
/s/ John T. Montford
John T. Montford, Criminal District Attorney
EXECUTED THIS the 8th day of November , 1979.
CITY OF LUBBOCK:
BY: /s/ Dirk West
Dirk West, Mayor
ATTEST:
/s/ Eves Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Denzel Percifull
Denzel Percifull, Director of Public Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
This contract is between the City and the County for inspection of
private sewage systems outside the City, in Lubbock County. The
inspections will be conducted by the City Health Department sanitarians,
providing an increase in licensing fee to $20.00 and reducing minimum
safe distance from wells and cisterns to absorption systems as required
by the Texas Department of Health Standards. This is a three-year
contract with an annual fee of $18,000; the previous contract's annual
fee was $16,000.
Appearance: Victor Cargile
Mr. Cargile appeared to express his opposition to this contract, as it
would mean additional taxes for the citizens, to which the Council
responded that this was a revenue -producing contract, whereby the
County pays the City for these services, and it would not affect the
taxes in anyway.
Mr. Cargile responded that he wished the record to show that he was
opposed to this matter.
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to pass said Resolution. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
79-384-702-1219 Resolution No: 330
(38)
A resolution authorizing the Mayor to sign Change Order #1 with Hunter
Construction Co.
LGB :bs
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 Change Order No. 1
with Hunter Construction Co. adding $2,335.00 to the contract amount for the
103
Nov B 1979
renovation of Landwer House, 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. II
Passed by the City Council this
ATTEST:
8th day of
/s/ Eves Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Leon G. Bean
Leon G. Bean, Assistant City Attorney
APPROVED AS TO CONTENT:
/s/ Lawrence Banks
Lawrence Banks, Administrative Assistant
to Community Facilities
CHANGE ORDER
AIA DOCUMENT G701
November
/s/ Dirk West
DIRK WEST, MAYOR
.197
PROJECT: Landwer House Renovation CHANGE ORDER NUMBER: 1
(name, address) Lubbock, Texas
INITIATION DATE: October 25 1979
TO (Contractor):
J. D. Hunter Construction Co. ARCHITECT'S PROJECT NO.: N/
5205 - 34th Street
Lubbock, Texas CONTRACT FOR: Renovation an
General Construction
CONTRACT DATE: October 25, 1979
You are directed to make the following changes in this Contract:
Alternate #1 as per plans sheet 20F8 which states:
removal of existing roof tiles will be performed by the
Contractor as part of this contract...
Cost to the Owner +$1000.00 (One thousand dollars)
Alternate #2 as per plans sheet 1OF8 which states:
Installation of 2" gas service line from meter (see site plan
sheet 1OF8) to 6" I.P. gas service tap, 640.0' from N.E.
corner of main house, will be performed by the Contractor as
part of this Contract
Cost to the Owner +$1,335.00 (One thousand three
hundred thirty five dollars )
Not valid until signed by both the Owner and Architect
Signature of the Contractor indicates his agreement herewith, including any
adjustment in the Contract Sum or Contract Time. i
The original (Contract Sum) (Guaranteed Maximum Cost) was ......... $ 99,89740 .
Net change by previously authorized Change Orders .................$ 0
The (Contract Sum) (Guaranteed Maximum Cost) prior to this
Change Order was ...............................................$ 99,897..00 .
The (Contract Sum) (Guaranteed Maximum Cost) will be (increased)
by this Change Order ...........................................$ +2,335.00 .
The new (Contract Sum) (Guaranteed Maximum Cost) including this
Change Order will be ...........................................$ 102,232.00 .
The Contract Time will be (unchanged) by ( 0 )Days.
The Date of Substantial Completion as of the date of this Change Order
therefore is UNCHANGED
Li
NOV 8 19',
79-38- 704-1230
(39)
F1
Authorized:
RON D. BEARD / D. NOWAK J. D. HUNTER CONSTRUCTION CITY OF LUBBOCK
Architect Contractor Owner
2305 Avenue T 5205 - 34th Street Lubbock Texas
Address Address Address
At the October 25, 1979 Regular City Countil Meeting, a base bid in the
sum of $99,897 submitted by Hunter Construction was approved for the
purpose of renovating the Landwer House, attached to the bid was a letter
from Mr. Hunter stating two alternatives with respect to the total
contract costs, said alternatives being in effect for ninety days.
The purpose of this procedure was to allow Mr. Hunter to more easily
secure a performance bond. Change Order #1 adds the two alternatives
which were included in the contract price, said Change Order in the
sum of $2,335.
Motion was made by Councilman McAlister, seconded by Councilwoman Jordan
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
Resolution No. 331
A resolution authorizing the Mayor to sign Notification of Contract
Award and Contract Agreement for the Title III Senior Volunteer Program
LGB :bs
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 Notification of
Contract Award & Contract Agreement for a grant under Title III of the Older
Americans Act, attached herewith which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be
a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 8th
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Leon G. Bean
Leon G. Bean, Assistant City Attorney
APPROVED AS TO CONTENT:
day of November 91979.
/s/ Lawrence Banks
Lawrence Banks, Administrative Assistant
to Community Facilities
(REVISED) DUPLICATE
/s/ Dirk West
DIRK WEST, MAYOR
CONTRACTOR: City of Lubbock
ADDRESS: P. 0. Box 2000
Lubbock, Texas 79401
NOTIFICATION OF CONTRACT AWARD & CONTRACT AGREEMENT
TITLE III
THIS AGREEMENT, entered into as of this lst day of July _ 19799
by and between Office on Aging, South Plains Association of Governments _ of the
City/County of Lubbock , State of Texas , hereinafter referred
105
jN 81979
to as the "Agency", and City of Lubbock , of the City/County of Lubbock
State of Texas , hereinafter referred to as the "Contractor".
WITNESSETH THAT:
a
The Agency and the Contractor do mutually agree as follows:
1. The Contractor shall, in a satisfactory and proper manner as detertJLLMU
by the Agency, perform the following:
See Attached Sheet
The Agency shall furnish the following services, data and information
to the Contractor:
See Attached Sheet
2. The Contractor shall commence performance of this Contract on the Ist
day of _July , 1979, and shall complete performance to the satisfac-
tion of the Agency no later that the 29th day of February—, 1980.
3. It is understood that accountability for equipment purchased with
federal funds from this contract remains the responsibility
of the appropriate agency administering those funds and any
disposition of such equipment must be according to established
federal government procedures.
The Contractor shall maintain such records and accounts including
property, personnel, and financial records, as are deemed necessary'
by the grantee to assure a proper accounting for all project
funds, both Federal and non -Federal shares. These records will
be made available for audit purposes to the Grantee or the
Governor's Committee on Aging, and will be retained for five
years after the expiration of this contract unless permission to
destroy them is granted by both the grantee agency and the Governor's
Office. These records will be maintained at the following locationi:
Street City
NOTIFICATION OF CONTRACT AWARD & CONTRACT AGREEMENT
a) I. Continue development of the Associate Retired Volunteer Program.
2. Increase present volunteer strength of 50 to at lease 200 by end
of contract year.
3. Through the Volunteer Center operate an Information an Referral
Counseling Program, including the Mayor's Telephone Reassurance
Program.
4. Seek state funds from the Governor's Committee on Aging for the
project beginning March 1, 1979.
5. Participate in all training events and region -wide activities
sponsored by Area Agency on Aging.
6. Maintain and submit necessary forms and reports.
7. Maintain confidentiality of each participant.
8. Comply with Title VI, Civil Rights Act of 1964.
9. Provide outreach to develop minority and low income as well as
volunteers.
10. Provide matching funds as described in contract application.
b)
1. Title III funds as described in contract application.
2. Technical assistance.
3. Regular site visits in reference to above.
4. Monitoring/Evaluating.
5. Demographic data.
6. Training related to the aging processes and needs.
4. Type of Award Action
New Continuation 2nd Year 3rd Year
AWARD:
other
Title Contractor Total
Federal Funds Non -Federal Funds Funds
Supporting Services:
Information & Referral
Outreach
Transportation
Escort
Gap Filling Services:
Total
$18,366.00 3,000.00 21,366.OQ
18,366.00 3,000.00 21,366.00
ri
)Yov
POM
W4
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5. Method of Payment:
See Instruction, Payment of Federal Funds
6. Contract Limitations:
a) It is expressly understood and agreed that in no event will the total
amount to be paid by the agency to the contractor under this agreement
exceed $18,366.00 for full and complete satisfactory performance.
b) It is expressly understood and agreed that the total value of this
contract is $21,366.00 of which 3,000.00 in non federal matching
funds, leaving a balance of the total $18,366.00 shown in line 6a
above.
7.
Name and Title of at Least two (2) Individuals Authorized to Commit Applicant
Organization to this Agreement. Please attach Authority for person/s to act
in this capacity - board minutes - charter, etc.
8. IN WITNESS WHEREOF, the agency and the contractor have executed this
agreement as of the date first above written.
City_of Lubbock
Contractor
BY: /s/ Dirk West
Position: Mayor
/s/ Eve1 Gaff a
Witness
Form Approved
/s/ Leon Bean
Asst. City Attorney
Office on Aging
South Plains Association of Governments
BY:
Position:
Agency
Executive Director
Witness
On September 22, 1979 the City Council approved a resolution
authorizing the Mayor to sign a Title III Grant Application in the sum
of $15,837; this supplement is in the sum of $2,529, both of which are
for the purpose of operation of the Senior Volunteer Program. The
application has been approved by SPAG and in accordance with Federal
requirements it is now necessary to accept the Contract Award and
execute the Agreement.
Motion was made by Councilman Aderton, seconded by Mayor Pro Tem
Henry to pass said resolution reflecting acceptance of the Grant
Application. Motion carried: Mayor West, Mayor Pro Tem Henry, Council-
woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay.
79-38'¢706-1231 Resolution No. 332
(40)
A resolution authorizin& the Mayor to sign a contract between the City
and BGR Architects.
DWR:c1
RESOLUTION
WHEREAS, the City of Lubbock desires to engage an Architect to render
certain professional services in connection with the design, construction of
additions and renovations of the transit service, storage and office facility
in Lubbock, Texas.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract for
Professional Services by and between the City of Lubbock and BGR Architects -
Engineers 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 8th day of November , 1979.
1.1VW1V .•*6
/s/_ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
/s/ Dirk West
DIRK WEST, MAYOR
APPROVED AS TO FORM:
/s/ David W. Reagan _
David W. Reagan, Asst. City Attorney
APPROVED AS TO CONTENT:
/s/ John L. Wilson
John Wilson, Transit Coordinator
*NOTE: Original document filed with original Resolution No. 332.
`10`1
NflV 8 1979
79-4-707-1232
(41)
The Transit Staff, Assistant City Attorney, David Reagan and Bob
Goyette of BGR Architects, submit the proposed contract for renovating
the building for transit facilities, said contract is in the sum of
$57,500 and has been submitted to and approved by UMTA.
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to pass said resolution. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
Ordinance No. 7959
An appropriation_ ordinance from Water Capital Projects Fund for platting
costs (elevated tank area 50th St. and Indiana Ave.).
I
FORM L-2
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 7959
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 Projects
The sum $ 5,774.53
For the following purpose: Platting Cost for Lots 13 through 17,
Fry Addition. (Elevated tank area 50th
Street near Indiana Avenue)
1. Water Pro-Rata $2,650.00
2. Sewer Pro --Rats 2,150.00
3. Concrete Alley Return 774.53
4. Surveying 200.00
$5,774.53
AND IT IS SO ORDERED
Passed by the Council on first reading this $th day of November 1979.
Passed by the Council on second reading this day of , 1979.
ATTEST:
CITY SECRETARY -TREASURER
FINANCE OF ICER
APPROVED BY: FINANCE
D. Watsln
HEAD OF DEPT. DEPT.
This ordinance is in the sum of $5,774.53 and is itemized as follows:
Water Pro Rata $2,650.00
Sewer Pro Rata 2,150.00
Concrete Alley Returns 774.53
Surveying 200.00
By platting this property, it will then be available for sale in the
event the City decides to sell this property.
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to pass said ordinance on first reading. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
Ll
r
1 a
NOV 8 1,
79-38'i708-1233
(42)
P_
11
79-38' 708-1234
(43)
F
Resolution No. 339
Accepting water and sewer improvements in Lots.1 - 39, Valley View
Addition. _
RESOLUTION
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1
THROUGH 39, VALLEY VIEW ADDITION.
WHEREAS, the developer of Lots 1 through 39, Valley View Addition, have
complied with the provision of the City of Lubbock Code, Chapter 34, Article 2,
by providing the water and sewer improvements for said addition in accordance
with paragraph 61 of said Chapter 34, and
WHEREAS, the total utility cost to the developer is $30,092.45 with the
improvements constructed by Holloway Contracting Company having a value of
$4,555.35 and by Hemphill Contracting Company having a value of $22,987.18
as determined by the unit prices established by said Chapter 34, and $2,549.92
cash paid to the City, with R. J. O'Hair, the developer, to receive no refund
according to Chapter 34 of the Code of the City of Lubbock, and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the City Engineer and completed in accordance
with the City of Lubbock's plans and specification,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements be and the same are hereby accepted as an inte-
gral part of the water and sewer system of the City of Lubbock.
2. This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 8th DAY OF NOVEMBER, 1979.
/s/ Dirk West
Dirk West, Mayor
ATTEST:
/s/ Evelyp Gaff a
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
The total cost to the developer for these improvements is $30,092.45;
there are no refunds.
Resolution No. 340
Accepting water and sewer improvements in Tract C, Sentry Park Addition.
RESOLUTION
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT "C",
SENTRY PARK ADDITION.
WHEREAS, the developer of Tract "C", Sentry Park Addition have complied
with the provision of the City of Lubbock Code, Chapter 34, Article 2, by
providing the water and sewer improvements for said addition in accordance
with paragraph 61 of said Chapter 34, and
WHEREAS, the total utility cost of the developer is $16,265.77 with the
improvements constructed by Holloway Contracting Company having a value of
$5,512.95 as determined by the unit prices established by said Chapter 34,
and $10,752.82 cash paid to the City, with Sentry Saving Association the
developer, to receive no refund in accordance with Chapter 34 of the Code
of the City of Lubbock, and
79-38R 709-1235
(44)
i7'j(i� -;, /%/k/
(Si-<1uH- 6
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the City Engineer and completed in accordance
with the City of Lubbock's plans and specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
I. That the improvements be and the same are hereby accepted as an inte-
gral part of the water and sewer system of the City of Lubbock.
2. This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER, 1979.
/s/ Dirk West
ATTEST: Dirk West, Mayor
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, Chief
Water Utilities Engineer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.,
John C. Ross, Jr., City Attorney
The total cost to the developer is $16,265.77; there are no refunds.
The motion was made by Councilwoman Jordan, seconded by Councilman
Aderton to pass Resolutions No. 339 and No. 340. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
Resolution No. 333
A resolution to submit votes for Tax Appraisal District Board of
Directors.
DWR:c1
RESOLUTION
WHEREAS, there has been enacted in the State of Texas an Act (S.B. 621)
relating to ad valorem taxation of property and such statute establishes tha
appraisal districts are to be governed by a Board of Directors, the City of
Lubbock is desirous of casting its votes for the election of persons to constitute
the Board of Directors.
WHEREAS, the Lubbock County Clerk has prepared a ballot of candidates for
the Board of Directors and has determined that the City of Lubbock is entitled
to cast 1757 votes in this election, the City of Lubbock is desirous of casting
its votes for the candidates of its choice.
BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK:
THAT the 1757 votes of the City of Lubbock are cast for the candidates
the Lubbock County Appraisal District Board of Directors in the following
manner:
Name No. Votes
Brock, Mabry
Crosnoe, Paul E., Jr.
Diekemper, Ray 834
Horkey, Joe 834
Martin, Donald 89
Nelson, Bill
Stafford, Lynn
TOTAL VOTES CAST
1757
'or
C
L
11
I
N
1) 1
THAT a copy of this resolution be submitted to the Lubbock County Clerk
before November 15, 1979, in order that its votes may be counted.
Passed by the City Council this 8th day of November, 1979.
7:
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Even Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
David W. Reagan
rem
_/s/
David W. Reagan, Asst. City Attorney
Part of the voting procedures outlined in SB 621 (Peveto Bill) is to
elect a Board of: Directors for the Tax Appraisal District. The City of
Lubbock has a total of 1,757 votes which it can cast for any one or any
number of candidates on the ballot. This matter then will be submitted
to the Lubbock County Clerk no later than November 15, 1979. It takes a
total of 834 votes to elect any one candidate.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to cast 834 votes for Ray Diekemper, 834 votes for Joe Harkey and 89
votes for Don Martin of Shallowater. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
79-38a710-1236 Resolution No. 341
(45)
Consider_ release of water and sewer pro rata lien in favor of Vardell
Edwards and wife on Lot 5, Block 13, Phyllis Wheatley Addition.
DGV:cl
RESOLUTION
WHEREAS, the lien for water and sewer pro rata on the property of Vardell
Edwards and wife, 011ie Edwards has been paid in full, NOW THEREFORE:
'
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a release of lien
to Vardell Edwards and wife, 011ie Edwards, 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 8th day of November ,1979.
/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, First Asst. City Attorney
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
WHEREAS, on the llth day of December A.D., 1958
Vardell Edwards & 011ie Edwards (his wife
of the County of Lubbock , State of Texas, did execute,
acknowledge and deliver to the City of Lubbock, Texas a certain
contractual agreement and lien upon and against certain real
property and improvements, if any, thereon for water & sewer 2ro rata
described as follows, to -wit: Lot 5, Block 13,. Phyllis Wheatley .Add.
Which said agreement and lien is of record in Volume --- , on
page,_--- of the Mechanics Lien Records of Lubbock County,
Texas, to which instrument reference is here made, and
I
WHEREAS, said debt, lien and obligations secured thereby have
been fully paid off and satisfied to the said City of Lubbock,
Texas, the legal and equitable holder and owner of such debt,
obligation and lien:
NOW THEREFORE:
In consideration of the premises, of the payment of such debt
and obligations, and other good and valuable cash consideration,
the receipt of which is hereby acknowledged, the City of Lubbock,
a Home Rule Municipal Corporation of Lubbock County, Texas, has
this day and do by these presents, RELEASE, DISCHARGE, AND QUIT-
CLAIM unto the said Vardell Edwards & 011ie Edwards (his wife
and their Heirs (successors) and assigns, the contractual
lien heretofore existing upon the above described premises under and
by virtue of the above described instrument, and declare such lien
fully released and cancelled.
EXECUTED this 8th day of November , 1979
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga
City Secretary -Treasurer
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
THE CITY OF LUBBOCK, TEXAS
BY:/s/ Dirk West
Dirk West, Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Assistant City Attorney
APPROVED:
/s/ Charles Northington
Charles Northington
Chief Accountant
BEFORE ME, the undersigned authority, a Notary Public in and
for Lubbock County, Texas, on this day personally appeared
Dirk West known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to
me that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 8th day of
November A.D., 19 79 .
/s/ Jackie Suter
Notary Public, Lubbock County, Texas
The balance on the account ($111.56) has been paid in full and satisfied
to the City.
Motion was made by Councilman McAlister, seconded by Mayor Pro Tem
Henry to pass said resolution. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
79-384711-1237 Ordinance No. 7960
(46)
An ordinance reaulating the sale of drug paraphernalia to minors.
SM T:bs
ORDINANCE NO. 7960
AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY -OF
LUBBOCK, TEXAS, BY ADDING THE LANGUAGE OF SECTION 19-19.1 REGULATING
THE SALE AND DISPLAY OF CERTAIN TYPES OF INSTRUMENT S DEVISED FOR
USE IN INHALING OR INJECTING CERTAIN REGULATED SUBSTANCES; PROVIDING
FOR A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING A PENALTY.
W
IN 0V 8 1979
V+
79-38�712-1238
(47)
r,
Councilman Alan Henry requested this agenda item at the suggestion
of the Church Women United. This ordinance is not aimed directly at
dealers in drug paraphernalia. Any sale or gift by a person, firm or
corporation to an individual 16 years of age or under, of a hypodermic
needle or syringe, cigarette rolling papers, or any type of pipe would
be a misdemeanor, punishable by a $200.00 fine. This includes
convenience stores, tobacco shops, department stores, or any other
merchant or individual. This ordinance also prohibits the display of
these items in such a way that minors will have access to them without
the assistance of sales personnel.
Appearances: Becky Peterson, President, Church Women United
Donna Locke, 5435 - 34th, Representative, Council of
Parent Teachers Association
Mrs. Peterson displayed "toys" which are of interest to minors as it
relates to the drug culture. She indicated that they had engaged a
Task Force composed of Criminal Attorney's staff, Juvenile Probation
representatives from Council of PTA.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman
Aderton to pass said ordinance on first reading. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
City Attorney, John Ross, suggested that it might be well to alert
the ICC with respect to interstate trafficing of the paraphernalia.
Resolution No. 334
A resolution setting out guidelines for those users of natural gas
for decorative outdoor lighting desiring exemption for such use from
Sec. 402 of the Federal Power Plant and Industrial Fuel Use Act of
1978.
RESOLUTION
WHEREAS, Section 402 of the Federal Power Plant and Industrial Fuel Use
Act of 1978, hereinafter referred to as the "Act", prohibits the selling of
natural gas to be used in outdoor decorative lighting by local distribution
company unless an exemption to the prohibition has been granted pursuant to
said Act; and
WHEREAS, the effective date of said Act with regard to industrial and
commercial customers is November 5, 1979, and January 1, 1982, with regard to
residential customers; and
WHEREAS, the United States Department of Energy has delegated enforcement
of said Act to the various state regulatory authorities; and
WHEREAS, the Governor of the State of Texas has designated the munici-
palities of the State of Texas to be the local regulatory authorities for
enforcement within their municipal boundaries in accordance with Vernon's
Ann.Civ.St. art. 1446c; and
WHEREAS, it is incumbent upon the City Council of the City of Lubbock,
Texas, acting as the local regulatory authority, to provide guidelines by
which those persons affected by the Act within the City of Lubbock may seek
and obtain exemptions from the prohibitions contained in the Act if qualified;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT any exisiting user of natural gas for outdoor lighting
within the municipal limits of Lubbock, Texas, shall be entitled to continue
such use of natural gas and the local distribution system shall be entitled to
supply natural gas for such use providing that said outdoor lighting is:
a. of historic significance or memorial purpose;
b. at a commercial establishment and is of a traditional nature
and conforms with the cultural or architectural style of the
area in which it is located;
C. necessary to protect the safety of persons or property; or
d. not replaceable by other forms of lighting without substantial
expense to the user and such replacement would not be cost -justified.
SECTION 2. THAT the City of Lubbock as regulatory authority reserves
the right to grant exemptions for outdoor lighting use of natural gas in any
situation in which it would be in the public interest and consistent with the
purposes of the Act to do so.
SECTION 3. THAT no later than December 1, 1979, any industrial or
commercial user of natural gas for outdoor lighting, or the local distribution
company on behalf of such users, shall, if such use is desired to be continued,
1413v $ 19'9
APPROVED AS TO CONTENT:
/s/ J. C. B1
Jim Blagg, Assistant City
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver,
First Asst. City Attorney
*NOTE: Audited Financial Statements, City of Lubbock, Texas, Weatherization.
Grant, August 31, 1979, filed with original Resolution No. 335.
The outside auditors, Mason, Nickels, and Warner, are being requested
to audit the grant for weatherization, Department of Energy, pursuant
to DOE regulations. Funds for the audit are provided in the grant.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
Ordinance No. 7946-F - Zone Case No. 2243
An ordinance c
the East 40 feet of Lot 2 and the West
Ordinance No. 7946-G - Zone Case No. 2243
An ordinance changing Lot 3 and the west 15 Feet of Lot 2, Block 73,
Overton Addition from R-2 to R-2 (DH) Zoning District (Cox home).
As reflected on page 686, these matters were considered at 2:15 p.m.
following a luncheon recess. Pursuant to Council instruction on
October 25, 1979, these ordinances were passed on first reading. The
respesentatives of the Overton South Neighborhood Association and
First Baptist Church attempted negotiations with respect to resolving
this problem. A letter submitted by Mr. Arnold Maeker stated on behalf
of First Baptist Church has not at this time received any offer from the
Overton South Association, nor had they made an offer to any other party.
Second, that in the event the ordinance is passed on second and final
reading, the Church requests that the two pieces of property owned by
First Baptist Church be deleted from the ordinance; that in the event
that second reading is postponed negotiations will be continued if
possible. In alternative, the Church requests the Council to declare
it's position with regard to acquisition of the property by condemnation
in the event no buyers are found for the property.
Appearances: Arnold Maeker, on behalf of First Baptist Church
Ted Hogan, representating the Overton South group
Mr. Maeker reinterated the comments made in his letter referenced above.
Mr. Hogan presented a letter by the Lubbock Heritage Society reflecting
support for DH designation for Overton South Addition and that the
Overton South Association enter into negotiations if possible; that
the Association is not able to buy the two pieces of property of the
Church. It appeared to the Council that an effort had been made by
both organizations to resolve the problem. Additional Council comments
reflected that it must be made perfectly clear that the City is not
interested in buying or acquiring property under any other means.
Motion was made by Councilman McAlister, seconded by Councilman Aderton
to hold the above items for second reading until November 29, 1979
Regular City Council Meeting. Motion carried: Mayor West, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay;
Mayor Pro Tem Henry abstaining.
79-38'715-1240 Resolution No. 336
(49)
A resolution authorizing the Mayor to execute a Special Warranty Deed
conveying 510.695 acres to Lubbock Industrial Foundation, Inc.
NOV g 79
f
r
r
r
JCR:cl
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor is hereby authorized to execute on behalf of the City of
Lubbock a Special Warranty Deed conveying to Lubbock Industrial Foundation Inc.
as Grantee, 510.695 acres of land, more or less, out of the North part of
Section No. 41, Block A, Abstract No. 59, H.E. & W.T. RR. Co. Survey, Lubbock
County, Texas.
Passed by the City Council this 8th day of
ATTEST:
/s/ Evelyn Ga_f_fga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ John C. Ross Jr.
John C. Ross, Jr., City Attorney
STATE OF TEXAS I
COUNTY OF LUBBOCK I
November . 1979.
/s/ Dirk West
DIRK WEST, MAYOR
SPECIAL WARRANTY DEED
The City of Lubbock, Texas, a municipal corporation ("Grantor"),
for and in consideration of TEN DOLLARS ($10.00) and other sufficient
and valuable consideration to it in hand paid by Lubbock Industrial
Foundation, Inc. ("Grantee"), the receipt and sufficiency of which
consideration is hereby acknowledged, has granted, sold and conveyed
and by these presents does grant, sell and convey unto the said Lubbock
Industrial Foundation, Inc., a Texas non-profit corporation, with
principal office in Lubbock County, Texas, that certain parcel of
land containing 510.695 acres of land, more or less, out of the
North part of Section No. 41, Block A, Abstract No. 59, H. E. & W. T.
RR. Co. Survey, Lubbock County, Texas, and more particularly described
in Exhibit "A" attached hereto and made a part hereof for all purposes,
said tract being all of the land owned by Grantor in said Section 41.
All of the subsurface water, oil, gas and other minerals in
and under and that may be produced from said land are hereby expressly
excepted and excluded from this conveyance.
To the extent the same are valid, subsisting and legally enforce-
able encumbrances on the tracts or parcels of land described on Exhibit
"A" hereto, this conveyance is made and accepted subject to the following:
1. Right -of -Way Easement executed by the Texas Land & Mortgage
Company Limited as Grantor, to South Plains Electric Cooperative,
Incorporated dated November 26, 1946, and recorded in Volume 344,
Page 303, of the Deed Records, Lubbock County, Texas.
2. Right -of -Way Easement executed by the City of Lubbock as
Grantor, to West Texas Gas Company dated October 10, 1951, and recorded
in Volume 451, Page 475, Deed Records, Lubbock County, Texas.
3. Right -of -Way Easement executed by the City of Lubbock as
Grantor, to Southwestern Public Service as Grantee, dated becember 22,
1949.
This conveyance is subject to the following additional reservations:
(a) Grantor reserves an easement sixty (60) feet in width
(being thirty (30) feet on each side of the center line of each of
the presently existing underground water pripelines) running to and
from the existing water wells located on the property described on
Exhibit "A" hereto, together with a tract of land not to exceed
forty (40) feet by forty (40) feet when such well sites are located
adjacent to a public righ-of-way or easement, or sixty (60) feet
by sixty (60) feet when such well is not located at the end of a
water pipeline and is not adjacent to a public right-of-way or easement,
(in a rectangular configuration) around each of said water wells for
the purpose of ingress and egress to operate, maintain and/or reconstruct
8 1979
any portion or all of Grantor's water supply facilitied (including,
but not limited to the electric supply lines along said easements)
located on the property described on Exhibit "A" hereto. Grantor
agrees that it will, upon the written request of Grantee, or its
successors or assigns, relocate any of Grantor's water wells or
water pripelines to a new location to be designated by Grantee, its
successors and assigns, on the property described on Exhibit "A"
hereto, provided such relocation is done at no cost to Grantor.
The easement covering any well and water pipeline will be released
by Grantor at Grantee's request upon the relocation of such well
or water pipeline or upon the permanent discontinuance of the use
of such water well or water pipeline by Grantor and a new easement
covering any such new water well or water pipeline will be granted.
(b) Grantor reserves an aviation easement which shall cover
all air space higher than two hundred and fifty feet above the
surface of the property described in Exhibit "A" hereto. By the
acceptance of this conveyance, Grantee, its successors and assigns,
waive any and all damages recoverable from Grantor caused by normal
levels of noise, vibration, dust, smoke and fumes arising out of
of by virtue of the flight within the above described aviation ease-
ment of aircraft landing at or taking off from the Lubbock International
Airport as presently existing or as it may be herafter expanded.
No improvements may be constructed which extend into the airspace
reserved above. Grantee, its successors and assigns by the acceptance
of this conveyance, further agrees to refrain from any use of the
land described on Exhibit "A" hereto, which would result in electronic
interference with aircraft navigation or communications.
This conveyance is subject to the condition that if, after
the expiration of thirty six (36) months from the date of execution
of this Deed, the Grantee hereunder (or its successors or assigns)
shall not have begun, or caused to be begun in good faith the con-
struction of a manufacturing facility upon the property described
in Exhibit "A" attached hereto the Grantor shall have the option
to reacquire said property or any part thereof upon payment of
$495 per acre for each acre of land repurchased. The option to
Grantee shall terminate in its entirety if not exercised within six
(6) months from the expiration of the thirty six (36) month period
provided above. Upon any exercise of this option by Grantor, Grantee
shall reconvey the property being repurchased to the Grantor, free
and clear of all liens and encumbrances.
Grantor and Grantee acknowledge that this conveyance is being
made pursuant to the terms and provisions of that certain "Lease and
Sales Option Contract'! dated June 13, 1968, between Grantor and
Grantee. Grantor and Grantee agree, for the consideration herein -
above expressed, that the terms and conditions of, and the rights
reserved to Grantor under said "Lease and Sales Option Contract"
shall terminate and be of nofurther force and effect after the date
hereof except as specifically contained in this Special Warranty
Deed, insofar as they apply to or affect the property described on
Exhibit "A" hereto.
TO HAVE AND TO HOLD the above described premises together with
all and singular the rights and appurtenances thereunto in anywise
belonging, but subject to the reservations and exceptions appearing
hereinabove, unto the said Lubbock Industrial Foundation, Inc., its
successors and assigns forever, and the City of Lubbock, Texas does
hereby bind itself, its successors and assigns to warrant and forever
defend said premises unto the said Lubbock Industrial Foundation, Inc.,
its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through and
under Grantor, but not otherwise.
WITNESS OUR HANDS and the seal of said corporation this 15th
day of November , 1979.
ATTEST:
/s/ Evelyn Gaff ga
Secretary
THE STATE OF TEXAS X
COUNTY OF LUBBOCK I
THE CITY OF LUBBOCK
BY: /s/ Dirk West
BEFORE ME, the undersigned authority, a Notary Public, in and
for said county and state, on this day personally appeared
Dirk West , Mayor of the City of Lubbock, Texas,
Mayor
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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 said City of Lubbock, Texas, for the purposes and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 15th day of
November , 1979.
/s/ Jackie Suter
Notary Public in and for Lubbock
County, Texas
EXHIBIT A
BEGINNING at a 3/4" galvanized iron pipe buried in inter-
section of graded county roads at the Northwest corner of
Section 41, Block A, Lubbock County, Texas, for the
Northwest corner of this tract;
THENCE S 00 00' 12" E, along graded road and along West
line of Section 41, a distance of 4862.0 feet to a 1/2'
square metal tube for the Northwest corner of a 4-acre
tract and for the most Western Southwest corner of this
tract, from which a 1 1/4" galvanzied iron pipe at the
Southwest corner of Section 41 bears S 00 00' 12" E,
418.0 feet;
THENCE S 890 52' 00" E, at 15.0 feet pass a 1/2" square
metal tube set on East side of road, in all 418.0 feet
to a 1/2" square metal tube at the Northeast corner of
the said 4 acre tract for an interior corner of this tract;
THENCE S 00 00' 12" E, 418.0 feet to a 1/2" square metal
tube set in the South line of Section 41 at the Southeast
corner of the said 4 acre tract for the most Southern
Southwest corner of this tract;
THENCE S 890 52' 00" E, along the South line of Section 41,
a distance of 136.04 feet to a 1/2" square metal tube set
in the Northwesterly right-of-way line of the Panhandle &
Santa Fe Railroad for a corner of this tract;
THENCE N 650 10' 30" E, along said right-of-way line,
5202.82 feet to a 1/2" square metal tube set in the East
line of Section 41 for the Southeast corner of this tract,
from which a 1" iron pipe at the Southeast corner of Section
41 bears South 2,195.48 feet;
THENCE North, along the approximate center of graded county
road and along the East line of Section 41, a distancr of
3074.77 feet to a 1/2" square metal tube set in the South
right-of-way line of State Farm Road 2641 for the Northeast
corner of this tract, from which a railroad spike at the
Northeast corner of Section 41 bears North 9.75 feet;
THENCE S 880 39' 35" W, along said right-of-way line,
3588.06 feet to a 1/2" square metal tube set at beginning
to curve in said right-of-way line for a corner of this
tract;
THENCE in a Westerly direction along said right-of-way line
and along the arc of a circular curve to the right, the central
angle of which is 18° 25' 58", the radius of which is 2362.01
feet, and are distance of 759.89 feet to a 1/2" square metal
tube set in the North line of Section 41 for a corner of this
tract;
THENCE N 89° 52' 00" W, 939.80 feet to the PLACE OF BEGINNING,
and containing 510.695 acres of land.
After Executive Session at 3:00 p.m., the motion was made by Councilman
McAlister, seconded by Councilwoman Jordan to pass Resolution No. 336,
and upon the recommendation of the City Attorney, execution of the
Special Warranty Deed be delayed until the City has assurance by the
purchaser that they are in fact going to purchase the referenced property.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
3V
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81979
79-384719-1241
(50)
79-380719-1242
(51)
79-3 d'- 719-1243
(52)
79-38L719-1244
(53)
79-4 719-1245
(54)
79-38i-719-1246
(55)
79-38L719-1247
(56)
Consider claim of W. A. Holeman.
On October 25, 1979 Messrs. Holeman, and Attorney Gordon Treadway
appeared before the Council requesting restitution of the residence
on East 19th Street with regards to the fire, charging negligence
on the part of City officials in this loss. The claimants stated that
the Fire Department's delayed response to the fire owing to confusion
over whether the residence was in the City limits or not. Comments of
Fire Chief Tom Foster are filed in the office of the City Secretary.
The City Attorney advised that fire protection is a governmental
function and the City is not liable under the facts as presented by
this claim, particularly Section 14 (9) of Article 6252-19, V.A.C.
and therefore recommends a denial of the claim.
The motion was made by Councilman McAlister, seconded by Mayor Pro
Tem Henry to DENY the claim upon the recommendation of the City Attorney.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
Consider other claims against the Cif.
79-C-324 Daniel Vasquez $375.17 (Property Damage)
79-C-340 Robert Lee Griggs $1,800.00 (Property Damage)
79-C-331 D. D. McCurry $1,800.00 (Property Damage)
The motion was made by Councilwoman Jordan, seconded by Councilman
McAlister to DENY the referenced claims. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
Consider Bid #5563 for conduit (warehouse stock).
Item No. 1, 2, & 4 Westinghouse Electric Supply Co.
Item No. 3 Temple Inc.
Consider Bid #5544 for water items (warehouse stock).
Item No. 1, 2, & 3
Item No. 4
M. B. McKee Company
C & C Municipal Supply
Consider Bid # 5562 for self-propelled roller (Street De2t_).
Low Bidder
Conley -Lott -Nichols Machinery
$22,512.00
Consider Bid #5551 for two spotlights (Auditorium -Coliseum).
Low Bidder
Olesen Company
Hollywood, California $4,478.00
$8,956.00
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.
Resolution No. 337
Consider Bid #5547 for automatic sprinkler system for Cemetery, and
authorize same (Rev. Sharing Funds) .
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a contract betw en
the City of Lubbock and Lifetime Lawn Sprinklers Co., Inc. in the amount of
$83,124.18 for installation of an automatic sprinkler system in the City of
Lubbock Cemetery, 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 �n
detail.
Passed by the City Council this 8th
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
day of November ,1979.
Nov
8 1979
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APPROVED AS TO CONTENT:
/s/ Lawrence Banks
Lawrence Banks, Administrative Assistant
Community Facilities
APPROVED AS TO FORM:
/s/ Leon Bean
Leon G. Bean, Assistant City Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into the 8th day of November A.D.,
1979, by and between the City of Lubbock, of the County of Lubbock and State of
Texas, acting through its Mayor thereunto duly authorized so to do, Party of the
First Part, hereinafter termed OWNER, and
Lifetime Lawn Sprinklers Co., Inc.
of the City of Lubbock , County of Lubbock and State of
Texas , Party of the Second Part, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the party of the First Part (OWNER),
and under conditions expressed in the bond bearing even date herewith, the Party of
the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part
(OWNER) to commence and complete the construction of certain improvements described
as follows:
Installation of automatic irrigation system in City of Lubbock Cemetery for the sum
of $83,124.18 as according to specifications in City of Lubbock bid no. 5547.
and all extra work in connection therewith, under the terms as stated in the General
Conditions of the agreement and at his (or their) own proper cost and expense to
furnish all the materials, supplies, machinery, equipment, tools, superintendence,
labor insurance and other accessories and services necessary to complete the said
construction, in accordance with the conditions and prices stated in the proposal
attached hereto and in accordance with the General Conditions of the Agreement, and
in accordance with the Plans, which includes all maps, plats, blue prints and other
drawings and printed or written explanatory matter thereof, and the Specifications
therefore, as prepared by the CITY ENGINEER, each of which has been identified by the
endorsement of the CONTRACTOR and the ENGINEER thereon, together with the CONTRACTOR'S
written proposal, the General Conditions of the Agreement, and the Construction Bond
hereto attached, all of which are made a part hereof and collectively evidence and
constitute the entire contract.
The CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him, and to substantially
complete same within the time hereinafter specified.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance
of the contract in accordance with the proposal submitted therefore, subject to
additions and deductions, as provided in the specifications, and to make payments
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agree-
ment in quadruplicate in the year and date first above written.
ATTEST:
/s/ Evelyn Gaffga _
Evelyn Gaffga City Secretary
(SEAL)
City of Lubbock, Texas
Party of the First Part (OWNER)
BY: /s/ Dirk West
Dirk West (MAYOR)
Lifetime Lawn Sprinklers Co., Inc.
Contractor, Corporation, Partnership
Party of the Second Part
BY: /s/ L. Dawson
Title Pres.
V 81979
ATTEST:
Affix Corporate
Seal, if any
Approved as to form:
/s/ Leon Bean
LeUU DUULI, hibb JLbLdLLL l'lVy n44vL.acy
Low Bidder .
Complete Address:
P. 0. Box 1881
Midland, Texas 79702
Approved as to content:
/s/ Jim Weston
Jim Weston, Dir. of Community Fac
Lifetime Lawn Sprinkler Co.
Midland, Texas $83,124.18
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to approve Bid No. 5547 and pass Resolution No. 337. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
79-4 721-1248 Consider
(57) Funds)
Low Bidder
2 for memory module (Data Processing). (Rev. Shar
CRA, Inc.
Phoenix, Arizona $44,550.00
79-38t721-1249 Consider Bid #5494 for three automobiles and one ick-u (Transit De2t.).
(58)
Item No. 1 Pollard Friendly Ford
$ 5,350.00
$16,050.00
Item No. 2
Modern Chevrolet Co.
$13,943.00
79-38k721-1250 Consider Bid #5496 for two vans with chair lifts (Transit Dept-).
(59)
Low Bidder Superior Coach Sales of Texas, Inc.
Dallas, Texas
$18,463.00
$36,926.00
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.
79-4 721-1251 Resolution No. 338
(60)
Consider Bid #5424 for 18 buses with spare tires and parts (Transit
Dept.), and authorize same.
DGV:cI RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ies
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 "Solicitation
Offer and Award" for the purchase of eighteen (18) Advanced Design Buses from
General Motors Corporation, GMC Truck and Coach Division, attached herewith
which shall be spread upon the minutes of the Council and as spread upon th�j
minutes of this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by City Council this 8th day of November ,1979.
/s/ Dirk West
DIRK WEST, MAYOR I
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
I,
APPROVED AS TO FORM:
EI
/s/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
*NOTE: Contract is filed with original resolution.
NOV 8 1979
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Low Bidder GMC Truck & Coach Div.
General Motors Corp.,
Pontiac, Michigan
$2,309,768.00
This bid -contract provides for 18 wheelchair lift buses accommodating
37 passengers. UMTA has approved the purchase of 14 buses without
wheelchair lifts and funding for those 14 have been approved and
appropriated by Congress. The public hearing held on this date (see
page 690, item 1207) reflects the need of purchasing 4 additional buses
as replacement vehicles; this purchase cannot be completed until
final approval from UMTA has been obtained. Therefore, GMC has on
file with the resolution and bid a letter which says that the City can
award the contract for the 4 buses at the same time as they award the
contract for 14 buses without any liability to GMC, additionally, the
ATE representative in Washington has advised the City staff that UMTA
will sign a letter on November 2, 1979 giving their approval for these
additional funds to buy the 4 additional buses.
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to pass Bid No. 5424, and to pass Resolution No. 338 on the
condition that if the funding from UMTA is not forthcoming as indicated,
that the approved City official excercise the GMC contract for 14 buses
with wheelchair lifts. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
79-34722-1252 Consider one appointment to the LUBBOCK PUBLIC TRANSIT ADVISORY BOARD
(61) to fill the unex ired term of Karen Edwards, who has resigned (term
expires 6-24-80).
Mrs. Vera Newsome 2620 - 40th 792-1732
Personnel Dir., MH/MR 1210 - Texas 763-4213, ext 57
79-380722-1253 Consider three appointments to the PLANNING AND ZONING COMMISSION.
(62) The terms of Esther Se eda, Harry Stokle , Jr. and David Bass expire
11-16-79.
Reappointed for 3 year term - 11-8-79 - 11-16-82
Mrs. Esther Sepeda 5013 - 15th 797-9164
763-6551
763-0430
Reappointed
for 3 year term -
11-8-79 -
11-16-82
Harry
Stokley, Jr.
2318
Cedar
744-1360
762-7270
Reappointed
for 3 year term -
11-8-79 -
11-16-82
David
Bass
2006
- 33rd
744-4165
Asst.
U.S. Attorney
762-7351
79-38E722-1254 Consider four appointments to the URBAN RENEWAL AGENCY. The terms of
(63) of Matt Malouf, Bob Hassell, J. T. Braxton and Alfonso Castaneda ex ire
I1-26-79.
Reappointed for 2 year term:
Matt Malouf
3028
- 68th
797-3910
Malouf's for Men
1207
- 13th
763-4696
J. T. Braxton
1823
Manhattan Dr.
763 -0882
LISD - Dunbar
Alfonso Castaneda
3710
- 43rd
792-9426
Meterologist - National
Weather Service
New appointment - 2 year term:
John Cammack 2905 - 76th (79423) 745-2386
Trust Officer, American State Bank 763-7061
1401 Avenue A (79410)
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to approve the above referenced Board appointments. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
Dv 8 1979
a:5
The motion was made by Councilman Aderton, seconded by Councilman
McAlister to adjourn at 3:15 p.m. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
ATTEST:
CITY SECR TARY-TRE S
READ AND APPROVED THIS 29th DAY OF November , 1979.
ATTEST:
CITY SEC TAR -TRE