HomeMy WebLinkAboutMinutes - City Council - Regular - 11/29/19793A
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CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
November 29, 1979
9:30 A. M.
The City Council of the City of Lubbock, Texas, met for its regular
meeting on Thursday, November 29, 1979, at 9:30 a.m. in the Council
Chambers, Second Floor, City Hall.
Those Present:
Mayor Dirk West, Mayor Pro Tem Alan Henry, Councilwoman Carolyn Jordan,
Councilman Bill McAlister, Councilman M. J. Aderton, City Manager
Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -
Treasurer Evelyn Gaffga.
Absent: None
79-38-724-1255 The Invocation was given by Larry Cunningham, City Manager.
( 1)
79-38+-724-1256 The Pledge of Allegiance to the Flag was given in unison by those
( 2) present in the Council Chambers.
At 9:37 a.m., Mayor Dirk West announced that an Executive Session would
be held for the purpose of considering matters of land acquisition. This
announcement was in accordance with Section 2-F, Art. 6252-17, V.A.T.S.
79-384724-1257 Approval of Minutes - Regular City Council Meeting, November 8, 1979.
( 3)
The motion was made by Councilman McAlister, seconded by Mayor Pro Tem
Henry to approve the minutes of the Regular Meeting of November 8, 1979.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
Citizen Appearances
79-380724-1258 Board Appointments
( 4)
Vera Newsome - Transit Advisory Board
John Cammack - Urban Renewal Agency
Proclamations
79-34724-1259 "Turkey Walk Day in Lubbock" - December 1, 1979
( 5)
Receiving: Tony Masters, Chairman Zeta Tau Alpha Sorority
Sandra Pack, Co -Chairman
79-30-724-1260 "KA Ladies' Day" - December 1, 1979
(6-A)
Receiving: Jeff Barker, President -Elect
79-38�724-1261 Officer of the Quarter
( 7)
First Lt. Barbara Hunter Slippy
79-38-724-1262 Mary Rosenbauer of the Lubbock Hilton Inn will appear to request
{ 8) the use of amplifiers advertising the New Year's celebration at
the Inn. -
The Lubbock Hilton Inn requested the use of loud speakers in order
to advertise the Hilton Inn's New Year's Eve celebration, their intent
being to place amplifiers on top of a vehicle and driving throughout
the City informing the citizenry of their celebration. All previous
requests for the use of amplifiers have been with respect to using
them at a stationary location and the consent of adjacent property
owners having been obtained.
Appearance: Mary Rosenbaur, Lubbock Hilton Inn
Ms. Rosenbaur indicated that the purpose of their request was to
advertise their New Year's Eve celebration at the Inn. Council response
`1a.5
2 g i979 indicated that a request had been from those interested in using
amplifiers from a stationary position and the requesting party had
secured permission from adjacent property residents and/or merchants.
Ms. Rosenbaur inquired whether or not if they parked the car at the South
Plains Mall, as an example, would permission be granted, to which the
response indicated that she would first have to secure permission of
the South Plains Mall officials inasmuch as that is private property,
and the same would apply to any other private property location.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman
Aderton to DENY the above request. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
79-38k725-1263 Patsy Ellis will appear to request reserved parking for residents of the
( 9) Pioneer Retirement Hotel.
This request is from the Pioneer Retirement Hotel to set aside private
on -street parking spaces specifically reserved for the residents of
the Hotel. Their appearance and request before the Citizens Traffic
Commission in early November was denied.
A2pearances: Patsy Ellis, on behalf of the Pioneer Retirement Hotel
It appears that the Hotel has a small number of parking spaces available
to its residents (guests) and a lot located across from the Hotel
Broadway is no longer available to them on a lease basis. Mrs. Ellis
indicated there was parking in front of and on the side of the Hotel (on -
street parking - some ten spaces, five on each location) which would aid
in eliminating the restricted parking that they are experiencing. She
further indicated that they had attempted to purchase a nearby lot from
First National Bank and their offer was declined for the reason that the
Bank was not ready to sell that particular piece of property; they had
attempted to lease or rent spaces at the Texas Commerce Bank parking
garage, but the Bank had declined this offer also; that additional spaces
located further from the Hotel than those mentioned were inconvenient for
the residents, particularly during the winter months; that they presently
have need of 45 parking spaces of which only 25 are presently available;
they presently have 144 residents with 50 additional rooms available for
occupancy; that the requested parking would be for 24 hour availability;
and the Hotel authorities felt that they had contributed a great deal to
the down -town area by establishing this retirement hotel at this location.
In response to the legality of on -street parking as requested, the City
Attorney responded that the Council has the authority to designate certain
parking provisions on the basis of public interest and protection as a
whole; that each request should be determined on its individual facts
presented by the requesting party.
The ensuing discussion explored the possibility of designating these 10
places as parking for the handicapped to which Mrs. Ellis indicated some
of the residents would qualify; that this vehicle sticker be secured from
the County Tax Assessor-Collector's Office; that the parking spaces would
be shared for all citizenry with the handicap designation on their vehicle,
and as an alternative possibly the Hotel should consider a shuttle service
from the Hotel to the Texas Commerce Bank parking garage, should the
Hotel be able to work out arrangements with the Bank.
Following all discussion, the motion was made by Mayor Pro Tem. Henry,
seconded by Councilman Aderton to designate 10 spaces - 5 spaces on the
east of the Pioneer Retirement Hotel, and 5 spaces on the south of the
Pioneer Retirement Hotel - as handicapped parking, with the understanding
that this parking is available to all handicapped designees. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
79-30-725-1264 Ordinance No. 7959
(10)
An a2propriation ordinance from Water Ca ital Projects Fund for platting
costs (elevated tank area, 50th St. and Indiana Ave.).
FORM L-2
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of
necessary to appropriate certain
project;
NOW THEREFOFE,
ORDINANCE NO. 7959
the City of Lubbock finds it is
specific funds for an approved
BE IT 09DAINED BY THE)CITY COUNCIL OF THE CITY OF LUBBOCK:
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79-381726-1265
(11)
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 Fro -Rasa $2,650.00
2. Sewer Pro-Rata 2,150.00
3. Concrete Alley Return 774.53
4. Surveying 200.00
y?D,//4.D3
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 29th day of November , 1979.
s/ Dirk West
ATTEST:
/s/ Evelyn Gaffga
CITY SECRETARY -TREASURER
MAYOR
VERIFIED BY: /s/ Jim Blagg
FINANCE OFFICER
APPROVED BY:/s/ Wilford D. Watson
HEAD OF DEPT. DEPT.
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 29tday of November , 1979.
/s/ Dirk West
ATTEST: DIRK WEST, MAYOR
/s/ Evelyn Gaffga _
Evelyn Gaffga, City Secretary-Treas. VERIFIED BY: /s/ Jim B_1_agg -
FINANCE OFFICER
APPROVED AS TO FORM:
APPROVED BY: /s/ Wilford D. Watson
/s/ John C. Ross, Jr. Wilford D. Watson
John C. Ross, Jr., City Attorney City Engineer
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79-3A727-1266
(12)
79-384-727-1267
(13)
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The motion was made by Councilman McAlister, seconded by Councilwoman Jordan,
to pass Ordinance No. 7959 and 7957 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. 7960
An ordinance regulating the sale of drug paraphernalia to minors. �I
SMT: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 INSTRUMENTS DEVISED FOR USE
IN INHALING OR INJECTING CERTAIN REGULATED SUBSTANCES; PROVIDING FOR
A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING A PENALTY.
A gentleman from the audience in the Council Chambers requested to
speak to this issue before second reading. BY CONSENSUS: the Council
agreed to allow the gentleman to speak.
Appearance: Bill Hale, shop owner, 8th and University
Mr. Hale addressed his remarks to the inconvenience the proposed ordinance
would create on those operating tobacco stores; that previous attempts
at legislation on this issue had failed when presented for Legislature
consideration and had been declared by the Secretary of State as unconstit-
utional issues; that the proposed ordinance was vague and unenforceable;
that he and other shop owners felt the matter could be controlled at the
cash register when purchases are being completed by asking for the approp-
riate identification of the purchaser when the age limit is in doubt, the
procedures being very similar to those in public bars; that they would be
very willing to meet with the United Church Women to work out a voluntary
means of control. i
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City Attorney John Ross responded in part to the matter that the Statutes
provide in home -rule municipalities that the power of the City rests with
the governing body and that inasmuch as the referenced Senate Bill did
not pass and is not in effect, the present Statutes allowing the governing
body in a home -rule municipality to determine its own law and that
exception to these Statutes settled in respective courts of law. Council
response also indicated that Mr. Hale nor his associates were present at
the time the hearing was held on November 8, 1979 and had they been they
would have observed the type of "toys" that is being marketed.
Following all discussion the motion was made by Mayor Pro Tem Henry,
seconded by Councilwoman Jordan to pass Ordinance No. 7960 on second and
final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ;I
Ordinance No. 7944 - Zone Case No. 2259
Request of Manuel Figueroa for a Specific Use Zone Chanee, 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 Section 2, Block S,
City of Lubbock,_ Lubbock County,_ Texas (located West of Southeast Drive and
from 250' to 738'_South of 50th_Street), subject to the following condition:
1. That the fence and the area are to be approved by the staff.
LGB:pc ORDINANCE NO.
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. 2259; CHANGE A TRACT OF LAND OUT OF SECTION
2, BLOCK S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM M-1 TO M-
2 ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT
THEREON; SUBJECT TO A CONDITION; CHANGE A TRACT OF LAND OUT OF SECTION
2, BLOCK S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS BY AUTHORIZING
THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; 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.
This Zone Case was held on second reading pending the applicants providing
adequate details for a fence to be constructed around a salvage yard.
Proponent presented that detail and the fencing appeared to be adequate
for the Specific Use Permit.
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The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass Ordinance No. 7944 on second and final reading. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
79-388728-1268 Ordinance No. 7958
(14)
An ordinance abandoning and closing 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.
79-384728-1269 Resolution No. 342
(15)
A resolution authorizing the Mayor to execute a Quit Claim Deed in
Connection with Ordinance No. 7958, above.
JWF: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 a Quit Claim Deed
in favor of Lakeridge Country Club Estates, Inc. 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 29thday of November , 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary-Treas.
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullin im
J. Worth Fullingim, Asst. City Attorney
QUITCLAIM DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of
Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100
($1.00) DOLLARS and other good and valuable consideration to it in hand paid
by Lakeridge Country Club Estates, Inc. hereinafter called "GRANTEE," the
receipt of which is hereby acknowledged, does hereby by these presents ABANDON,
DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right
title and interest in and to that certain tract or parcel of land lying and
being situated in the County of Lubbock, State of Texas, described as follows,
to -wit:
A portion of Vicksburg Avenue, said portion being further described as
follows:
2� 19
BEGINNING at a point which bears East 2,399.90 feet and South
2,902.66 feet from the Northwest corner of Section 15, Block E-2,
Lubbock County, Texas;
THENCE South a distance of 170.00 feet to a point of curvature;
THENCE Southwesterly around a curve to the right, said curve having
a radius of 824.97 feet, a central angle of 020 45' 14", tangent
lengths of 19.38 feet, and a chord distance of 39.65 feet; �{
THENCE North 790 West a distance of 101.11 feet;
THENCE Northeasterly around a curve to the left, said curve havi
a radius of 993.70 feet, a central angle of 010 10' 22", tangent
lengths of 10.17 feet, and a chord distance of 20.34 feet;
THENCE North a distance of 170.00 feet;
THENCE East a distance of 100.00 feet to the PLACE OF BEGINNING.
TO HAVE AND TO HOLD the same premises together with all and singular the
rights, privileges and appurtenances thereto in any manner belonging unto the
said GRANTEE, its successors and assigns forever, so that neither the GRANTOR,
City of Lubbock, its successors or assigns, nor any persons claiming under i�t
shall at any time hereinafter, have, claim or demand any right to the title to
the aforesaid premises or appurtenances or any part thereof. ii
WITNESS MY HAND AT LUBBOCK, TEXAS this 29th day of
4979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ E_velyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fulli_ngim
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
November
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared DIRK WEST, known to me to be
the person whose name is subscribed to the foregoing instrument and acknowl
to me that he executed the same as the act and deed of the CITY OF LUBBOCK
as MAYOR, for the purposes and consideration therein expressed and in the
capacity therein stated.
1979.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of November
/s/ Jackie Suter
Notary Public, Lubbock County, Texas
My Commission expires 4-13-81
The motion was made by Councilwoman Jordan, seconded by Councilman
McAlister to pass Ordinance No. 7958 on second and final reading, and
to pass Resolution No. 342 authorizing the Mayor to execute a Quit Claim
Deed to Lakeridge Country Club Estates, Inc. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
79-3811729-1270 Ordinance No. 7946-F
(16)
An ordinance than
Lot 15, Block 73,
(Mast -White Home).
ing Lot 1, the East 40' of Lot 2
Overton Addition from R-2 to R-2(
the West 38.5' of
Zoning District
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79-30730-1271
(17)
79-38'730-1272
(18)
*Ordinance 4897 is
amended by:
Ord 5583 (1-23-69)
Ord 5728 (8-28-69)
Ord 7950 (11-29-79)
Ord 9029 (11-13-80)
Ord 8165 (4-9-81)
Ord 4897-A (10-27-83)
LGB:cl ORDINANCE NO. 7946-F
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 1, THE EAST 40 FEET OF LOT 2 AND THE WEST 38.5 FEET OF LOT 15, BLOCK 73,
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 CERTAIN PHOTOGRAPHS;
PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1=5 OF THE CITY CODE; PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Ordinance No. 7946-G
An ordinance changing Lot 3 and the West 15' of Lot 2, Block 73 Overton
Addition from R-2 to R-2(DH) Zoning District. (Cox Home).
LGB:cl
ORDINANCE NO. 7946-G
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 3 AND THE WEST 15 FEET OF LOT 2, BLOCK 73, OVERTON ADDITION, CITY OF LUB-
BOCK, 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 CERTAIN PHOTOGRAPHS; PROVIDING FOR A PENALTY AS PRO-
VIDED IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
The above ordinances were held on second reading to allow First Baptist
Church and the residents of South Overton Addition to negotiate for the
purchase of the referenced homes. At the November 8, 1979 Council Meeting
the parties were instructed to report again the status of these negotiations.
BY CONSENSUS: The Council agreed to hear the report from Mr. Arnold Maeker
on behalf of First Baptist Church.
Mr. Maeker indicated that he had received a letter from the Lubbock
Heritage Society indicating some possibility of acquiring the above
referenced properties to be preserved for historical purposes and he had
received correspondence from Larry Glazner on behalf of the South Overton
Addition with respect to the same properties; that the Church does not
plan to do anything within the next ninety -day period with respect to these
properties and therefore suggests that if agreeable to members of the Council
to consider these matters for second reading at the second meeting in
February of 1980 (February 28, 1980), and during the interviening time any
party may acquire either piece of property for the purpose of preservation
at which time the Council can act upon that particular situation; that if
by the designated time the property has not been transferred to any
interested party, it can then be concluded that there is no interest in
preserving these properties due to a lack of committment for funding and it
may likewise be concluded that all possibilities have been exhausted for the
preservation of these properties; and at that time the Council may dispose
of the matter.
Councilwoman Jordan reitereted that the City does not have any responsibility
or interest in buying these properties for historical purposes and if the
Church has not disposed of the properties by the February 28, 1980 meeting
final action by the Council would then be forthcoming.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to accept Mr. Maeker's recommendation as recited above with final
disposition of these two matters to be considered at the February 28,
1980 Regular City Council Meeting. Motion carried: Mayor West,
Councilwoman Jordan, Councilman Aderton and McAlister voting Yea; none
voting Nay; Mayor Pro Tem Henry abstaining.
Ordinance No. 7950
An ordinance amending the Lubbock Electrial Code concerning fee schedules
for electrical permits.
LGB:cl
ORDINANCE NO. 7950
0 1-9 19
AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK,
BEING THE ELECTRICAL CODE, BY AMENDING SECTION 11A-5(1) ADOPTING THE NATIONAL
ELECTRICAL CODE (NFPA NO. 70-1978) 1978 EDITION AND AMENDING SECTION lIA-82
ESTABLISHING A FEE SCHEDULE FOR ELECTRICAL PERMITS, 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.
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At the time this ordinance was passed on first reading, the Electrical
Board of Examiners had appointed a study committee to consider what appeare i
to be an inequity in the permit fees for large warehousing structures with
very few electrical outlets. Calculating the buildings individually on
the permit requests submitted by Farmers Cooperative Compress, the total
building permit fees totaled $4,000 ($30 per outlet). To allow some equitable
break in the fee schedule for these warehouses, the Building Inspection
Department calculated all the buildings on one warehouse bringing the
permit fees to $1,407.20. The Electrical Board has heard the appeal of
Farmers Cooperative Compress and concluded that the building official
calculated the fees correctly. The Legal Department recommends that the
ordinance be amended providing the new fees but allowing for the amendment
to be retroactive to November 16, 1978, prior to the issuance of the permit
in question. In the event the retroactive provision becomes effective,
this will mean that the City will be required to reimburse to Farmers
Cooperative Compress $975.20 of the fee already paid. It is agreed that
the new amendment would allow more equitable calculations for large ware-
housing structures, but it was also agreed that it would place the City
in an ackward position with respect to reimbursements.
The motion was made by Councilwoman Jordan, seconded by Councilman McAliste
to pass Ordinance No. 7950 on second and final reading subject to the
following paragraph being deleted, to -wit:
"Provided further that this exception shall apply retroactively
to November 16, 1978."
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
79-4-731-1273
Ordinance No. 7961 - Zone Case No. 2118-C
(19)
Request of Joe McKay for " " Properties) to change a tract of land out
of Section 15 Block E-2_,_City of Lubbock Lubbock County, Texas to amend
Publisher's
the site plan (located at 92nd Street and Vicksburg Avenue).
Aff idavit on Page
733-A
The Planning and Zoning Commission recommends to the City that
-Council
this reguest be approved.
ORDINANCE NO. 7961
AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK SO AS TO
MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2118-C; CHANGE A TRACT OF LAND OUT
OF SECTION 15, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS TO AMEND THE
SITE PLAN; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY
CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
In accordance with a Notice published in the Lubbock Avalanche -Journal
on November 13, 1979, a public hearing was held on this matter.
Proponent: Joe McKay, on behalf of "Q" Properties
This requests is for an amendment to the site plan of the Lakeridge Country
Club Estates Planned Unit Development and will enable the proponents to
build under the recently approved "Zero Lot Line Amendment".
There being no discussion and no opposition, the hearing was closed.
The 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.
79-30-731-1274 Ordinance No. 7962 - Zone Case No. 2260
(20)
Request of P. D. Cunningham for Buck's Irrigation Engine Company, Inc.)
Publisher's Affidavit to change Lots 1-A, 1-B9 1-C, 1-D, 1-E, 1-F 2-A, 2-B, 2-C, 2-D 2-E, and
on Page 733-A 2-F, Block 2, Milton Addition, City of Lubbock, Lubbock County, Texas
from C-4 to M-1 Zoning District (located at 515 Amarillo Road).
The Planning and Zoning Commission recommends that this recuest be
approved, subject to the following condition:
I. That lots 2-C, 2-D, 2-E and 2-F be granted M-1 zoning.
ORDINANCE NO. 7962
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OIL MAP OF
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2260;;
CHANGE LOTS 2-C, 2-D, 2-E, AND 2-F, BLOCK 2, MILTON ADDITION, CITY OF LUBBOd,
LUBBOCK COUNTY, TEXAS FROM C--4 TO M-1 ZONING DISTRICT; PROVIDING FOR A PENALTY
AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION. I
In accordance with a Notice published in the Lubbock Avalanche -Journal
on November 13, 1979, a public hearing was held on this matter.
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Proponent: P. D. Cunningham, on behalf of Buck's Irrigation Engine
Company, Inc.
This request relates to frontage on the Amarillo Highway (US 87) which is
a future corridor of Interestate Highway 27 and basically allows for
outside storage for the Proponent. The request area is surrounded by
heavy commercial and industrial development. Proponent indicated there
would be no change on Erskine or the Amarillo Highway due to the right-
of-way proposed for the Interstate; he likewise indicated that he was
agreeable to the stated conditions.
There being no discussion and no opposition, the hearing was closed.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem
Henry to pass said ordinance on first reading. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
79-389732-1275 Ordinance No. 7963 - Zone Case No. 1660-E
(21)
Request of Sonny Arnold (for Plains_ National Bank) to change Lot 2,
Publisher's AffidavitAge_e-Pharr Addition, City of Lubbock, Lubbock County_,Texas from R-1
on Page 733-A to AM Zoning District (located at 2402 - 52nd St.).
The Planning and Zoning Commission recommends that this request be
approved.
LGB:c1 ORDINANCE NO. 7963
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. 1660-E:
CHANGE LOT 2, AGEE-PHARR ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM
R-1 TO AM ZONING DISTRICT; PROVIDING FOR A CONDITION; PROVIDING FOR A PENALTY
AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
In accordance with a Notice published in the Lubbock Avalanche -Journal
on November 13, 1979, a public hearing was held on this matter.
Proponent: Sonny Arnold, on behalf of Plains National Bank
This request is on the same site previously presented by Mr. Arnold
requesting at that time a condominium apartment request, at which time
he encountered a great deal of residential opposition. This request for
AM Zoning is for the purpose of a single -story office building tied to
the site plan presented. In response to Council query, Mr. Arnold
indicated that there had been no opposition from the residents for the
proposed structure. Mr. Bertram indicated that the Planning and Zoning
Commission had placed one condition upon the site plan, that being that
the structure be limited to one story as presented in the site plan
and indicated in the proposed ordinance. Mr. Arnold was agreeable to
this condition.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilman McAlister, seconded by Mayor Pro Tem
Henry to pass said ordinance on first reading. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
79-384732-1276 Ordinance No. 7964 - Zone Case No. 2224-A
(22)
Request of Ken Fla&g (for Old Glory Corporation and _others)for a Specific
Publisher's Affid- Use Zone Change from R-1 to R-1 Specific Use Permit under 2rovisions of
avit on Page 733-A Section 22.3-2 of the Zonin& Ordinance for townhouses on a tract of land
out of Section 9, Block E-2, Western Meadows Addition, and change a tract
of land out of Section 9 Block E-2 and Lots 114 through 119 and Lots 134
through 139 Western Meadows Addition City of Lubbock, Lubbock County,
Texas from R-1 to R-2 Zoning District located from 56th Street to 58th
Street between York Avenue and Slide Road).
The Planning and Zoning Commission recommends that this request be approved.
ORDINANCE NO.
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK SO AS TO MAKE THY FOLLOWING CHANGES: ZONE CASE NO. 2224-
A; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON:
CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; CHANGE LOTS 114 THROUGH 119
33
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AND LOTS 134 THROUGH 139, WESTERN MEADOWS 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 ANDI
PROVIDING FOR PUBLICATION.
In accordance with a Notice published in the Lubbock Avalanche -Journal
on November 13, 1979, a public hearing was held on this matter.
Proponent: Roy Middleton, on behalf of Old Glory Corporation
This request lies between 56th and 58th Streets, and between Slide Road
and York Avenue, and is located in an area where there are numerous
inquiries and requests for commercial zoning. At the hearing held by
the Planning and Zoning Commission, it was agreed to allow densities in
this area no higher than duplex densities, a maximum of 4 lots east of
Slide Road with the remaining area over to York Avenue to remain single
family. This zone request consists of three parts: "1. R-2 zoning
is in keeping with the Land Use Plan by the Commission; 2. R-1 Specific
Use Townhouses follows the dicates of the Commission in that it is
single family; however it will involve owner -occupied townhouses as
opposed to single-family detached units; 3. Closure of 57th Street where
there is currently a traffic light at 57th and Slide Road. This light
was placed there primarily to handle traffic going in and leaving the
northside of the South Plains Mall."
There being no discussion and no opposition, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan
to pass said ordinance on first reading. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
79-38-733-1277
Ordinance No. 7965 - Zone Case No. 2255
(23)
Request of Burl W. Masters (for William and
Ida Levine) to change
a tract .1
Publisher's Affidavit
of land out of Section 36, Block A-K, City
of Lubbock, Lubbock
County, Texas,
on Page 733-A
from R-1 to R-2, A-1, C--2 and R-1 _Sp_ecific
Use Zonin& Districts
(located
west of Frankford Avenue and North of 66th
Street).
i
The Planning and Zoning Commission recommends that this reguest
be approved.,
ORDINANCE NO.
7965 it
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. 2255�-
CHANGE TWO TRACTS OF LAND OUT OF SECTION 36, BLOCK A-K, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, BY AUTHORIZING THE ISSUANCE OF SPECIFIC USE PERMITS
THEREON; CHANGE TWO TRACTS OF LAND OUT OF SECTION 36, BLOCK A-K, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-2 ZONING DISTRICT; CHANGE TWO
TRACTS OF LAND OUT OF SECTION 36, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS FROM R-1 TO A-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION
36, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO C-2 ZONING
DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY
CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
In accordinance with a Notice published in the Lubbock Avalanche -Journal
on November 13, 1979, a public hearing was held on this matter.
Proponent: Burl W. Masters, on behalf of William and Ida Levine
This request involves several zone classification changes located at the
southwest corner of Spur 327 and Frankford Avenue and is for the purpose
of developing townhouses, said request providing the proper buffering
for the commercial and apartment zoning that is a part of the request
and that surrounds the area in question.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilman Aderton, 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.
q
733-A
NOV 2 9 197!
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Mae"
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THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Marilyn Pierce a Notary Public in and for Lubbock County, Texas on this day
personally appeared J. C. Rickman, Business Manager of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal -- Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this Le 9 a 1 N o t i c e - 5 35 w o rd s (a 231
Per word - $123.05 No 626673 at Lubbock County, Texas and the attached print-
ed copy of the Notice is a true copy of the or and was printed in the Lubbock
Avalanche -Journal on the following dates: November 139 Iwo
(City of Lubbock P.O. No. H-5380)
Bu ness Manager
L1' BBOC K AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 13 t h day of N o v e mb e r , 19 79
A r�i a
MARILYN PIERCE
MY COMMISSION EXPIRES FEB. 1, 1980
Notary Public in and for Lubbock County, Texas
79-38L731-1273
(19)
79-38$733-1277
(23)
79-38g731-1274
(20)
79--38A732-1275
(21)
79-38g732-1276
(22)
NOTICE
OF
CITYCOI)NC LHEARING
NOTICE is hereby given to all in -
forested persons as provided by
law, that the City Council will hold
■ public hearing on the 29th day of
November, 1979, at 10:30 s.m„ in
the City Council Chamber On the
Second Floor of the City Hall In
Lubbock, Texas, to consider the
recommendations of the Planning
and Zonin Commission that the
Zoning Ordinance 2014 be amended
to amend Sectlons of said Zoning
Ordinance as described below: and
at which time and place all Inter-
ested persons will be given an op-
pOrtun-ty to be heard, after which
hearing, the City Council will de•
termine whether the Ioning Ordl-
nance wil: toe amended ,n accord.
once with such recommendation'
.' ZONE CASE NO 1111.0 — Rt-
quest of Joe McKay I for " Q" Prop-
erties I to change a tract of :and out
of section 15, Block E•2, C,ty of
Lubbock, Lubbock County, Texas.
to amend the site plan.: Located at
92id Street aid Vicksburg Ave-
nue )
The Planning and Zoning Commis-
slan recommended to the City
Cour,:il that this request be ap-
proved
2 ZONE CASE NO 2255 —Request
of Burl W. Masters (for William
and Ida Levine) to change a tract
of land out of Section 36, Block
A-K. City of Lubbock, Lubbock
County, Taxes, tram R•1 to R-Z A-
1. C•2 and R•1 Specific Use Ioning
District$. (Located West of Frank -
ford Avenue and North of "th
Street r
The Planning and Zoning Commis -
sign recommended to the City
CouncI that th.s request be ap-
proved.
3. ZONE CASE NO I260 — Request
of P. D. Cunningham (for Suck's
trrigation Engine Company, Inc I
to thong' Lots 1-A, 1-6 I-C. I-D,
i -E. I-F, 2-A, 3.5, I-C, 2-D. 2-E, and
2-F, Block 2, Milton Addiction, City
of Lubbx%. Lubbock County Tex-
as, from C°4 to M;I Zaning District.
(Located at 515 Amarillo Road.)
The Planning and Zoning Cornmis-
sion recommended to the City
council that this request be ap-
proved,' suoject to the following
condition:
a. That Lots 2-C, 2•D, 2-E and 2-F
be gpCinied M-1 t:ontngp
4- ZONE CASE NO, 1660.E — Ro-
quest of Sonny Arnold (for Plains
National Bank) to change Lot 2,
Agee -Pharr Addition, City of Lup-
bock, Lubbock County, Texas,
from RA to AM Zoning OlstriU-
I Located at 2402 Sind Street.:
The Planning and Zoning commis-
sion recommended to the Cloy
Cpuncll that this request be am
proved.
5. ZONE CASE NO 2224-A — Re-
que$t of Ken Fagg (for Old Glory
Corporation and others] for a Spa
CHIC Use Zone Change from R-1 10
R-1 Specific Use Permit under
provisions of Section 22.3.2 of the
Zoning Ordnance for townhouses
on a tract of land out of Section 9,
Block E-2. Western Meadows Addi-
tion and Change a trail Of land out
Of Section 9, Block E-Z and Lot$
114 thru 119 and Lots 134 thry 139,
Western Meadows Addition, City of
Lubbock, Lubbock Coi.nty, texas,
from R-I to R-2 Zonng District.
(Locsfed from Stith Street 10 Wit
Street between York Avenue anC
Siir.0 Rose.)
The Planning and Zoning Commis
$,art recommended to the C t)
Council that this request be ap,
proved
q 1979
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79-38-734-1278
(24)
Ordinance No. 7966
OV 14 19.
An appropriation ordinance in the amount of $20,000 from the Traffic Signal
Bond Fund for installation of a traffic signal at 82nd and Slide Road.
FORM L-2 ORDINANCE NO. 7966
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: TRAFFIC SIGNAL BOND FUND
The sum $ 20,000.00
For the following purpose: Labor and materials to install a traffic
signal at 82nd and Slide Road.
AND IT IS SO ORDERED
Passed by the Council on first reading this 29th day of November , 1979.
Passed by the Council on second reading this day of , 1979.
ATTEST:
CITY SECRETARY -TREASURER
MAYOR
VERIFIED BY:/s/Jim C. Blagg
FINANCE OFFICER
APPROVED BY:/ /B. McDaniel/Traffic Eng.
HEAD OF DEPT. DEPT.
The installation of the referenced traffic signal will need the approval
of the Texas Highway Department as Slide Road is a farm -to -market road
and under the Highway Department's jurisdiction. Slide Road has recently
been widened and it now consists of seven lanes of traffic. The proposed
signal installation will cost $30,000 of which $20,000 has been designated
from the Traffic Signal Bond Fund; the additional $10,000 has been approved
in the revenue sharing allocation. It is possible that signal heads
removed from other locations could be used, which would allow approximately
$400 saving in the installation.
The motion, was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said ordinance on first reading. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
79-384-734-1279 Request of Texas Bank to modify policy regarding median removal in order
(25) to provide median break on University Avenue.
Appearance: Burl Masters, on behalf of Texas Bank and Trust Company
The request on behalf of the Bank is for the purpose of cutting a break in
the median on University Avenue at 20th Street to allow southbound traffic
on University to turn eastward onto 20th Street allowing easier access to
the motor drive-in bank. This request was made in September of 1975 at
the time the Bank contemplated construction, and at the time left -turn
movements were allowed off of University onto 19th Street but the request
for the median break at 20th Street was denied. At this time (in 1975)
there had been a long-standing policy by the City Council to allow median
openings only at 600 feet intervals; this request is approximately 385 feet
from 19th Street, and therefore would be in violation of that long-standing
policy. In October, 1978, the City Council adopted a Median Removal Policy
after careful research and consideration, which provides, to -wit:
1. Median may be removed where a minimum of 600 feet of contininous
two-lane left -turn lane can be provided, where possible 1/4 mile.
2. Adjacent property owners shall be responsible for all costs for
all median modifications or removals.
3. No median shall be removed unless a 12-foot wide minimum storage
lane can be provided for in the continuous two-way left -turn lane.
The costs involved by the various departments, should the request be
are estimated as follows:
1. Engineering Department $20,650
(This involves pavement and median
removal and reconstruction, including
a concrete median.)
2. Street Lighting 1,000
(This involves the relocation and adjust-
ment to street lights.)
3. Parks and Recreation 5,150
(This involves removal and adjustments
to existing irrigation equipment & plants.)
Mr. Master's presentation gave the historical background of the development
of the Bank, the strong tract record it has developed in the short period
of time; the needed relief in congested traffic at the present points of
ingress and egress to the motor bank facility as well as to the parking lot,
the recommended construction of the left -turn lane which would not deter
the thoroughfare traffic in adjacent lanes, all of this presentation being
displayed on elevations prepared by Mr. Masters.
Dr. Neil Pierson, Chairman of UNIT Neighborhood Association appeared to
express the concern of the residents on 20th Street who were under the
impression that the crossover at the median break would provide a crossover
onto University which would alter the traffic flow pattern considerably for
their residential area. Dr. Pierson was reassured by Mr. Masters that this
would not be in effect and supported his point by the visual aide on displa;
Mr. Jim Bertram, Director of Planning, commented that the major concern with
the left turn lane was: 1. violation of the existing median break policy
as well as the problems resulting in the backup in that left turn lane,
said problems resulting from the stick-to-itiveness of drivers who wish to
make that left turn into the drive-in motor bank, this would overflow into
the thoroughfare lanes adjacent to the left turn lane and would create
congested areas into the intersection of University and 19th.
With respect to the estimated costs, Mr. Masters did indicate that he felt
that was excessive; that he could pave the entire street in gold for those
projected costs, that the sum submitted by the Parks and Recreation Department
was for compensation fees for the costs of removal of the trees, the parts
of the irrigation system and so forth. Mr. Masters did indicate that the
Bank was willing to share a portion of the costs involved, i.e. 50-50 basis
with the City. It has been a long established policy that asphalt paving
is not done from the period of time of December 15 to March 15 (winter weather)
and therefore these calculations were based on concrete paving, the Engineering
Department being under the impression that the requesting party was going to
do this immediately. Mr. Bertram did indicate that each department must
stand on the validity of its own calculations as presented to him. Pursuant
to the discussion that followed, Councilman McAlister requested a detailed
description of the calculations of costs, particularly with respect to costs
of asphalt paving vs. costs of concrete paving; City Attorney John Ross
indicated that the Council should give some thought to changing the policy
of median cuts in light of the fact this request does not comply with the
existing policy; Councilwoman Jordan indicated the need for additional traffic
flow data for the entire intersection and specifically as it relates to the
ingress -egress areas of the Bank. The motion was then made by Councilwoman
Jordan to receive additional data with respect to cost estimates, traffic flow
be secured and the matter considered at the December 12, 1979 Regular City
Council Meeting. The motion died for lack of a second. Councilman McAlister
indicated there should be some reference to the determination of costs and
who was going to pay what and how much.
The motion was then made by Councilman McAlister to approve the concept of
the median cut subject to better clarification of the costs and determination
of who was to pick up what portion of the costs, and consider the matter
further at the December 12, 1979 Regular City Council Meeting. This motion J�
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died for lack of a second. The motion was then made by Councilwoman Jordan,
seconded by Councilman McAlister to consider this matter again at the
December 12, 1979 Regular City Council Meeting, the staff preparing for
consideration additional data on costs and the recommendations of how these
costs should be assumed. City Attorney John Ross injected that consideration
also should be given to the existing median cut policy. Motion carried:
Councilwoman Jordan, Councilman McAlister voting Yea; Mayor West voting Nay;
Councilman Aderton abstaining; Mayor Pro Tem Henry absent from Council
Chambers.
79-30-736-1280 Selection of engineering firm for grade separation study at East 34th
(26) Street and Quirt Avenue.
The Selection Committee for the Traffic Engineering Study of East 34th
Street and Quirt Avenue composed of Jim Bl.agg, Assistant City Manager,
Chairman of the Committee, Bill McDaniel, Jim Bertram, Willie Watson and
David Elliott from the City staff, and Glenn Johnson from the Highway
Department, met and reviewed four proposals submitted by engineering
firms. The criteria in which the Committee was interested was the work
done by these firms with railroad grade separations. The Committee's
recommendation is the firm of Turner, Collie, and Braden, Inc. This
firm is one of the nation's largest traffic engineering consultant firms
with over 30 years of experience; they have performed over 100 projects
for municipal governments and for private enterprises; their experience
includes studies with railroads, grade separations, pedestrian bridges,
and all types of bridge design. The firm ranks number 53 in the nation's
top 500 design firms. The Committee feels the firm's broad based experience
both in railroad grade separation and bridge design in different states
and cities would given them a broader base on which to make the recommend-
ations for the traffic study here in Lubbock.
The Committee recommends the selection of this firm subject to being able
to negotiate a reasonable contract fee for the study; in the event that
is not possible, they would recommend the firm of Henningson, Durham &
Richardson, Inc., whose home -office is in Nebraska.
The motion was made by Councilman McAlister, seconded by Councilman
Aderton to accept the Committee's recommendation and commence negotiations
with the firm of Turner, Collie and Braden, Inc., to perform the traffic
study with respect to the grade separation at East 34th Street and Quirt
Avenue; in the event the arrangements cannot be worked out, the Committee
is to submit the matter to the Council for further consideration and an
alternate decision. Motion carried: Mayor West, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro
Tem Henry absent from Council Chambers.
79-384-736-1281 Consider the 2rice and conditions of sale of Parcel 13-10 in the Coronado-
(27) Tex. R-33 Urban Renewal Area.
Re -developer: James Parks for single-family residence
($938.00
79-38A736-1282 Consider the price and conditions of sale of Parcel 20-1 (a part thereof)
(28) in the Coronado -Tex. R-33 Urban Renewal Area.
Re -developer: David A. Johnson for single-family residence
($750.00)
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to approve the price and conditions of sale for parcels 13-10, Coronado -
Tex. R-33 Urban Renewal Area, and parcel 20-1, Coronado -Tex. R-33 Urban
Renewal Area. Motion carried: Mayor West, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry
absent from Council Chambers.
79-38L736-1283 Setting a date and time fora public hearing on the 1980-81 Community
(29) Development Annual application.
The CDBG regulations require the City Council conduct a Public Submission
Hearing on the annual application. The first hearing is held to allow
citizens the opportunity to comment on the proposed application. The
1980-81 Entitlement period is for an allocation of $3,311,000.
The motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to hold the CDBG public hearing on December 12, 1979 at 11:00 a.m. Motion
carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers.
}YV 2,q
79-38"-737-1284
(30)
79-38A 737-1285
(31)
Setting a date and time to consider enterin& into a coo eration a reement
with the Housing Authority of Lubbock.
Due to an error in publication, HUD Area Office has declined approving the
Cooperation Agreement approved by the City Council in August of 1979. A
new agreement must be executed before any new unit of low rent public housixt
can be approved for Lubbock. The guidelines stipulate that notice of public.
hearing must appear 60 days prior to said hearing.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to hold a public hearing on the Cooperation Agreement with the Housing
Authority of Lubbock on February 14, 1980 at 11:00 a.m. Motion carried:
Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers.
Resolution No. 343
A resolution authorizing acquisition of land for the pur2ose of park
development in the ^South Overton neighborhood.
RESOLUTION
A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN PARCELS OF LAND FOR
THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE SOUTH OVERTON NEIGHBORHOOD;
AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED.
WHEREAS, it has been determined by the City Council that certain parcels
of land located in the vicinity of 14th Street and Avenue U within the City 6f
Lubbock, Lubbock County, Texas, should be acquired and developed for public 'I
park purposes; and,
WHEREAS, the Department of Housing and Urban Development (HUD) has con -II
tracted with the City of Lubbock to provide funds through the Community Develop-
ment Program to aid in the development of such a project; and, it
WHEREAS, it is necessary to acquire for public park purposes the fee
simple title to the land hereinafter described, Parcel No. 67440-44-10 being
owned by WILLIAM A. BETHUNE and wife NANCY BETHUNE; Parcel No. 67440-44 -11
being owned by RAYMOND HOGAN; and Parcel No. 67440-44-12 being owned by ARLO
M. SHORE; and
WHEREAS, the City Council has caused two appraisals to be made of said
land and the value and total damages, if any, to the respective owners, and
all others whose interest may appear, for fee simple title to said land has
been appraised, and the City Council finds the price offered to be fair and
equitable; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock acquire for the purposes of developing a publ
park the fee simple title to the land lying and being situated in Lubbock
County, Texas, and described as follows, to -wit:
Parcel No. 67440-44-10 (2019 14th Street):
The East 37� feet of Lot 10, Block 44, Overton Addition
to the City of Lubbock, Lubbock County, Texas.
Purchase Price - $20,000.00 (Twenty Thousand and no/100 dollars)
Parcel No. 67440-44-11 (2021 14th Street):
The West 12-� feet of Lot 10 and the East half of Lot 11,
Block 44, Overton Addition to the City of Lubbock, Lubbock
County, Texas.
Purchase Price - $9,000.00 (Nine Thousand and no/100 dollars)
Parcel No. 67440-44-12 (2023 14th Street):
The West half of Lot 11, and all of Lot 12, Block 44, Overton
Addition to the City of Lubbock, Lubbock County, Texas.
Purchase Price - $26,500.00 (Twenty-six Thousand Five Hundred and
no/100 dollars)
THAT the respective owners, and all others whose interests may appear, be
offered through the Urban Renewal Agency of the City of Lubbock, Texas, the
amount established as the fair market value and total damages, if any, for fee
simple title and acquisition of said parcels of land, and each of them, for
the purposes herein stated, for the use and benefit of the City of Lubbock,
1B
T.
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being the amounts hereinabove stated, and that unless accepted forthwith, the
City Attorney is hereby authorized and instructed to institute condemnation
proceedings for and on behalf of the City of Lubbock to acquire fee simple
title to said parcels of land, and each of them, as hereinabove described, for
public park purposes.
Passed by the City Council this
ATTEST:
29th
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Vicki Foster
day of November , 1979.-
/s/ Dirk West
DIRK WEST, MAYOR
Vicki Foster, Community Development Coordinator
APPROVED AS TO FORM:
/s/ W. M. McKamie
W. M. McKamie, Assistant City Attorney
Acquisition for park land south of Carrol Thompson Junior High School was
approved in several phases beginning with the 5th Year CD Program, at which
time three parcels were approved, to -wit: #66440-44-10, #67440-44-11,
and #67440-44-12. The appraisals as set forth in the Uniform Acquisition
Act are:
1. Parcel #66440-44-10, east 37 1/2 feet of Lot 10, Block 44,
Overton Addition (2019 14th Street --William A. Bethune--
$20,000)
2. Parcel #67440-44-11, west 12 1/2 feet of Lot 10, and east
1/2 of Lot 11, Block 44, Overton Addition (2021 14th
Street --Raymond Hogan--$9,000)
3. Parcel #67440-44-12, west 1/2 of Lot 11, and all of
Lot 12, Block 44, Overton Addition (2023 14th Street --
Arlo M. Shobe--$26,500)
The motion was made by Councilwoman Jordan, seconded by Councilman
McAlister to accept the staff recommendation and make the appropriate
offer for the above referenced parcels as listed; in the event the
offers are not accepted, to then authorize the staff to initiate
condemnation proceedings. Motion carried: Mayor West, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay;
Mayor Pro Tem Henry absent from Council Chambers.
79-3e 738-1286 Resolution No. 344
(32)
A resolution authorizing acquisition of Parcel 99600-95-250 for the
purpose of park development in the Yellowhouse Canyon Lakes project.
RESOLUTION
A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR
THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT;
AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED.
WHEREAS, it has been determined by the City Council that a certain parcel
of land located in the vicinity of the south rim of Lake 6 in the Yellowhouse
Canyon Lakes Project within the City of Lubbock, Lubbock County, Texas, should
be acquired and developed for public park purposes; and,
WHEREAS, the Department of Housing and Urban Development (HUD) has con-
tracted with the City of Lubbock to provide funds through the Community Develop-
ment Program to aid in the development of such a project; and,
WHEREAS, it is necessary to acquire for public park purposes the fee
simple title to the land hereinafter described, owned by J. W. WRIGHT; and,
WHEREAS, the City Council has caused two appraisals to be made of said
land and the value and total damages, if any, to the owner, and all others
whose interest may appear, for fee simple title to said land has been appraised,
and the City Council finds the price offered to be fair and equitable; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock acquire for the purposes of developing a publiP
park the fee simple title to the land lying and being situated in Lubbock {
County, Texas, and described as follows, to -wit:
Parcel No. 99600-95-250: (See attached Legal description)
Purchase Price - $23,300.00 (Twenty-three thousand three hundred and
no/100 dollars)
THAT the owner, and all others whose interests may appear, be offered
through the Urban Renewal Agency of the City of Lubbock, Texas, the amount
established as the fair market value and total damages, if any, for fee situp e
title and acquisition of said land for the purposes herein stated, for the u e
and benefit of the City of Lubbock, being the amount hereinabove stated, and
1
that unless accepted forthwith the City Attorney is hereby authorized and
instructed to institute condemnation proceedings for and on behalf of the Ci y
of Lubbock to acquire fee simple title to said land, as hereinabove described,
for public park purposes.
Passed by the City Council this 29th day of November , 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Vicki Foster
Vicki Foster, Community Development Coordinator
APPROVED AS TO FORM:
/s/ W. M. McKamie
W. M. McKamie, Assistant City Attorney
Legal Description of Parcel No. 99600-95-250.
Field Notes for a tract of land out of Section 3, Block B, Lubbock
by metes and bounds as follows:
BEGINNING at a point which bears South 4016.27 feet and East 3775.34 II
feet from the Northwest corner of Section 3, Block B, Lubbock County,
Texas, said point also being S. 89°43'39" E., 20 feet from the Southeast
Corner of Lot 226, Manhattan Heights Addition to the City of Lubbock,
Lubbock County, Texas, and in the East line of Alley;
THENCE N. 00016'21" E., 334.29 feet along the East line of Alley to a
point;
THENCE N. 21°17'39" W., 275.00 feet along the East line of Alley to a
point;
THENCE N. 55030'39" W., 617.00 feet along the Northeast line of Alley
to a point;
THENCE N. 89043'39" W., 1092.27 feet along the North line of Alley to
a point;
THENCE S. 44054'27" W., 170 feet along the Northwest line of Alley to
a point;
THENCE N. 77027'43" W., 10.68 feet along the North line of Alley to a
point;
I
U
, Texas, describ
79-380-740-1287
(33)
Nov; q 19
THENCE N. 19043'39" W., 142.46 feet along the East line of Alley to a
point in the Southeast line of East 28th Street;
THENCE around a curve to the left, along the Southeast line of East
28th Street, said curve having a radius of 661.27 feet, a chord distance
of 31.72 feet to a point in the Southeast line of East 28th Street;
THENCE N. 45005'33" W., 30.00 feet to a point in the center line of
East 28th Street;
THENCE N. 44054'27" E., 400.00 feet, along the center line of East 28th
Street, to a point approximately 20 feet Southwest from the Southwest
sanitary sewer line, from which point fence corner post bears Northeast
48.8 feet;
THENCE S. 46001'46" E., 74.8 feet to a point approximately 20 feet
Southwest of the Southwest sanitary sewer line;
THENCE S. 78*35' E., 697.31 feet to a point approximately 20 feet South
of the South sanitary sewer line, from which point fence corner post
bears North 63 feet;
THENCE N. 86053'40" E., 522.45 feet to a point approximately 20 feet
South of the South sanitary sewer line, from which point fence corner
post bears Northeast 52 feet;
THENCE S. 42059'E., 761.38 feet to a point approximately 20 feet South-
west of the Southwest sanitary sewer line, from which point fence
corner post bears Northeast 51.4 feet;
THENCE S. 28*45' E., 651.54 feet to a point approximately 20 feet South-
west of the Southwest Sanitary sewer line, from which point fence
bears Northeast 77.5 feet;
THENCE N.89043'39" W., 497.96 feet to the Place of Beginning, containing
15.5384 acres.
The 1979-80 CD Program allocated funds to acquire park property along
the south rim of Lake 6. Appraisals for this parcel have been made
according to the Uniform Acquisition Act Standards. The parcel is
appraised for a sum of $23,300 for 15,548 acres, approximately $1,499
per acre.
The motion was made by Councilman McAlister, seconded by Councilman
Aderton to accept the staff's recommendation to make the appropriate
offer for the above referenced parcel; in the event the offer is not
accepted, to authorize the staff to then initiate condemnation proceedings.
Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from
Council Chambers.
Resolution No. 345
A resolution listing streets and alleys to be added to the 1979 Assessment
Pavina Program.
RESOLUTION
A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS, HIGHWAYS,
AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS AND ALONG THE BOUNDARY OF
SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS THAT:
I.
Public necessity exists that the following portions of streets, highways,
avenues and/or alleys in the City of Lubbock and along the boundaries thereof,
be improved as herein provided, to -wit:
ALLEY (10' WIDE)
NAME FROM TO
E W alley bet. 43rd & 44th Gary Ave. Hartford Ave.
STREETS
65th Street (361) Vi cksburg Ave. York Drive
Vicksburg Ave. (36') 65th Street 66th Street
York Drive (36') 62nd Street 65th Street
IA41
19
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r
64th Street (361) Utica Ave. Vicksburg Ave.
Akron Ave. (36') N. Loop 289 Stanford St.
Raleigh Ave. (36') Itasca Street Alley S. of Itasca
65th St. (36') Salem Ave. Toledo Ave.
65th St. (36') Vicksburg Ave. Utica Ave.
Utica Ave. (42') 64th Street 66th Street
II.
Said portions of streets, highways, and avenues shall be improved by raising,
grading and filling same, by installing concrete curb and gutters, by
installing storm sewers and drains where necessary, by installing
a compaceted caliche base and by surfacing with four (4) course penetration
type or 1-3/4" hot mix type asphaltic surface treatment. Alleys shall
be improved by installing a ten (10) foot wide, 5" thick reinforced
concrete strip in the center thereof.
The City Engineer is hereby directed to prepare plans and specifications
for such improvements.
IV.
Such improvements in each unit shall be paid for in the following
manner: (a) Railways and street railways using, occupying or crossing
any portion of said streets, highways, avenues and/or alleys to be
improved shall be assessed for and shall pay for all of the cost of
the work in the area between their rails and tracks, double tracks,
turnouts and switches and two feet on each side thereof.
STREET IMPROVEMENTS
(b) The abutting property and owners thereof shall pay and shall
be assessed for all the cost of constructing curbs in front of such
respective property and a part of the remaining cost of such improvements,
after deducting the sums to be paid by the railways under sub -paragraph
(a) above, provided, that such part of the cost assessed to the abutting
property or owners thereof will not exceed 90% of the cost of the
improvements plus the cost of the curb, and further provided that
if it shall appear at the hearing, to be had before final assessment
is made, that the special benefits to such property by way of enhancement
value thereof by means of such improvements will not aggregate such
proportion of the cost as specified above, then there shall be assessed
and be paid by such abutting property and the owners thereof, a lesser
amount not to exceed the benefits.
ALLEY IMPROVEMENTS
(c) The abutting property and owners thereof shall pay and shall
be assessed for a part of the remaining cost of such improvements,
after deducting the sums to be paid by the railways under sub -paragraph
(a) above, in the following manner: All property will be assessed
ninety (90) percent of the total construction cost. Said abutting
property and owners thereof shall pay and be assessed for the cost
of constructing alley paving improvements as specified above, provided,
that if it shall appear at the hearing to be had before final assessment
is made, that the special benefits to such property by way of enhancement
value thereof by means of such improvements will not aggregate such
proportion of the cost as specified above, then there shall be assessed
and be paid by such abutting property and the owners thereof, a lesser
amount not to exceed the benefits; however, with respect to the E-
W alley between 43rd St. and 44th St. and from Gary to Hartford, property
will be assessed at 50% of total construction cost because the petition
for such alley paving was being circulated prior to effective date
of the ordinance changing assessment to 90% of total construction
cost to be paid by abutting property owners, this 50% assessment is
allowed as an exception to such ordinance.
(d) The remaining cost of said improvements after deducting the sums
finally assessed against railways and street railways under sub -paragraph
(a) hereby, and against abutting property and the owners thereof under
sub -paragraph (b) and (c) above, shall be paid by the City of Lubbock.
V.
The amounts assessed against and to be paid by railways and street
railways for work between rails and tracks and 2 feet on each side
thereof shall be paid on estimates or statements on or before twenty
days after acceptance of the improvements in the unit in which the
railway lies, by the City Council and shall bear interest from date
79
Oka
due and until paid at the rate of 6% per annum. The amounts assessed
against and to be paid by the abutting property and the owners thereof
shall be payable in five (5) equal installations, the first of which
shall become due on or before 20 days after completion and acceptance
of the improvements in the unit on which the property abuts by the
City Council; the second, third, fourth and fifth installments shall
become due one, two, three, and four years respectively after completion
and acceptance of the improvements in the unit upon which the property
abuts, by the City Council and shall bear interest from the date of
completion and acceptance until paid, at the rate of six percent per
annum on street improvements and seven percent per annum on alley
improvements, payable annually, with provisions that if default be
made in the payment of any installment promptly as the same matures:
Then at the option of the holder of such assessment or certificate
issued in evidence thereof, such default shall mature the entire assessment
upon which same is made.
VI.
Assessments shall be made and levied, and shall be a first and prior lien
and personal liability for principal, interest, reasonable attorney's fees and
costs of collection, if incurred, all under and accordance with the Charter
and amendments thereto, now in force in this City, and in accordance with the
provisions of Article 1105B Revised Civil Statutes of Texas as amended by
Chapter 281 of the 52nd Legislature, and most recent amended by Chapter 176
Acts of the 60th Legislature.
VII.
This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 29TH DAY OF NOVEMBER, 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED AT TO FORM:
/s/ John C. Ross Jr.
John C. Ross, Jr., City Attorney
Ten paving sub -units for streets and alleys have been added to the 1979
Assessment Paving Program. This request is to approve these additions.
There has been a request from property owners on the alleys sub -unit and
their assessment be based on 50% property owner rate or $6.74 per linear
foot, since they submitted their petition prior to the change in the
percentage participation. The Legal Department advises that this is
possible since their petition was submitted prior to the final action
changing the percentage participation policy. Only one alley is involved.
The last two units on the list, i.e. 65th Street -Vicksburg to Utica;
Utica Avenue from 64th to 66th Street, were placed on the list for reasons
of drainage and traffic. There were telephone requests from various school
groups for paving of Utica because it is a collectors street and is access
to the Nat Williams Elementary School, located at 58th Street and Utica.
The paving guidelines indicates that it must have 50% of the lot owners or
50% of the home owners.
A public hearing including these streets and the one alley will be necessary
and is suggested for future planning.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to approve this resolution and to hold a public hearing to include these
units and alley on February 28, 1980 at 2:00 p.m. Motion carried: Mayor
West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay; Mayor Pro Tem Henry absent from Council Chambers.
IUQv,j I
JA4:3
!v 2 g 1979
79-38k743-1288 Resolution No. 346
(34)
A resolution accepting curb and gutter improvements constructed by Kerr
Construction Company on Slide Road from South Loop 289to 82nd Street.
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF SLIDE ROAD AS LISTED
BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS
LEVIED.
WHEREAS, the City of Lubbock heretofore passed various street
ordinances and resolutions and the Texas Department of Highways and
Public Transportation has entered into contract with Kerr Construction
Company for the making and construction of the outermost curb and
gutter improvements on portions of Slide Road in said City including
the following:
The West and East sides of Slide Road from its intersection with
the South Property Line of South Loop 289 to an intersection
with the North Property Line of 82nd Street known and designated
as Sub -Unit Number 35 of Unit Number 2233.
AND WHEREAS, the improvements upon the said portions of the abovementioned
highway have been inspected and found to have been constructed in
accordance with terms of said contract.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS:
I.
That the improvements on said portions of the abovementioned
highway be and the same are hereby accepted.
Now
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 Slide Road listed above and against the owners of such property
in accordance with law and in the manner provided in said contract,
and the proceedings with reference to said improvements and assessments
where such assessments were levied.
This resolution shall take effect and be in force from and after
its passage.
PASSED AND APPROVED THIS 29TH DAY OF NOVEMBER, 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
79-38�L743-1289 Resolution No. 347
(35)
A resolution accepting avin im rovements constructed by Kerr Construction
Company for the 1979 Assessment Paving Program (Unit No. A-460-73).
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR
AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES
IN EVIDENCE OF ASSESSMENTS LEVIED. -
1A 1J
79-381744-1290
(36)
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 North -South and East-West alley between Norwood Avenue and Norfolk
Avenue from the North Property Line of 68th Drive to the West Property
Line of Norfolk Avenue known and designated as SubUnit Number 73 of Unit
Number A-460.
AND WHEREAS, the improvements upon the said portions of the abovementioned
alleys, streets and/or avenues, have been inspected and found to have been
constructed in accordance with terms of said contract G.W.O. 10,976.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS:
I.
That the improvements on said portions of the abovementioned alleys,
streets and/or avenues be and the same are hereby accepted, and the City
Engineer be and he is hereby authorized to direct payment of the City's portion
of the cost.
II.
That the Mayor and City Secretary be, and they are hereby instructed to
execute and deliver certificates in evidence of the assessments levied against
the parcels of property abutting upon the said portions of the alleys, streets
and/or avenues listed above and against the owners of such property in accor-
dance with law and in the manner provided in said contract, and the proceedings
with reference to said improvements and assessments where such assessments
were levied.
This resolution shall take effect and be in force from amd after its passage.
PASSED AND APPROVED THIS 29TH DAY OF NOVEMBER, 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
*NOTE; Consolidated Final Estimate attached to Original Resolution No. 347.
Resolution No. 348
A resolution accepting paving improvements and authorizing final payment
to W. D. Turner Construction Company on the 1978 Assessment Paving Program.
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR
AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE
OF ASSESSMENTS LEVIED.
WHEREAS, the City of Lubbock heretofore passed various street improvement
ordinances and resolutions and entered into contract with W. D. Turner Construc-
tion Company (G.W.O. 10,956-Streets) for the making and construction of street
and/or alley improvements on portions of numerous alleys, streets and/or
avenues in said City including among others the following:
West half of Kewanee Avenue (concrete curb and gutter and alley returns
only) from its intersections with a line 15.00 feet South of the South
Property Line of 30th Street to its intersection with the North Raw
Edge of 34th Street known and designated as Sub -Unit Unmber 38 of Unit
Number 2234.
Nova, III
1'V S
1919
79-38'L745-1291
(37)
AND WHEREAS, the improvements upon the said portions of the abovementioned
alleys, streets and/or avenues, have been inspected and found to have
been constructed in accordance with terms of said contract G.W.O.
10,956-Streets.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS:
I.
That the improvements on said portions of the abovementioned
alleys, streets, and/or avenues be and the same are hereby accepted,
and the City Engineer be and he is hereby authorized to direct payment
of the City's portion of the cost.
II.
That the Mayor and City Secretary be, and they are hereby instructed
to execute and deliver certificates in evidence of the assessments
levied against the parcels of property abutting upon the said portions
of the alleys, streets and/or avenues listed above and against the
owners of such property in accordance with law and in the manner provided
in said contract, and the proceedings with reference to said improvements
and assessments where such assessments were levied.
This resolution shall take effect and be in force from and after
its passage.
Passed and approved this 29th day of
ATTEST:
November_, 1979.
/s/ Dirk West
DIRK WEST, MAYOR
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
*NOTE: Consolidated Final Estimate filed with Original Resolution No. 348.
The 1978 Paving Project has been completed except for paving the west
half of Kewanee between 30th and 34th Streets, which cannot be completed
until the right-of-way matter is settle with Mr. Arch Lamb, the final
payment is in the sum of $1,041.26.
The motion was made by Councilman Aderton, seconded by Councilwoman Jordan
to pass Resolution No. 346, Resolution No. 347, and Resolution No. 348,
authorizing final payment connected with the Resolution No. 348. Motion
carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers.
Resolution No. 349
A resolution accepting avin improvements constructed by H. C. Lewis
Construction Company for Tracts "A" and "B" of Overton Addition.
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON THE ALLEY LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions
of City Ordinance 1331, the subdivider of Overton Addition, Tracts
A and B, Block 134, made arrangements with H. C. Lewis Construction
Company for the construction of paving improvements on a certain alley
dedicated in said subdivision under the provisions of said Ordinance
prior to the recording of the subdivision plat of Overton Addition
including the following alley:
r
11
n
79-38g746-1292
(38)
r
North -South East-West alley between loth Street and Main Street
from Avenue "0" to Avenue "Q" known and designated as Sub -Unit
Number 55 of Unit Number A-460.
AND WHEREAS, the construction of the above improvements on the abovemen-
tioned alley was performed under the supervisionof 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 alley be and
the same are hereby accepted and the City Engineer be and he is hereby authorized
to direct the payment of the City's portion of the cost and to release escrow
money.
II.
This resolution shall take effect and be in force from and after its
passage.
Passed and approved this 29th day of November , 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga _
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
*NOTE: Consolidated Final Estimate filed with Original Resolution No. 349.
Resolution No. 350
A resolution acceptin_$_curb and gutter improvements constructed by Kerr
_Construction Company for the _west side of Frankfo_rd Avenue from 72nd Street
to 73rd Street for Tract "A" Brunken Bill Addition.
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED
BELOW:
WHEREAS, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of Brunken Hill Addition, Tract "A", made
arrangements with Kerr Construction Company for the construction of paving
improvements on a certain street dedicated in said subdivision under the
provisions of said Ordinance prior to the recording of the subdivision plat of
Brunken Hill Addition including the following street:
The West 1/2 of Frankford Avenue from its intersection with a line
15.00 feet north of the North Property Line of 72nd Street to its
intersection with a line 15.00 feet south of the South Property Line
of 73rd Street known and designated as New Subdivision Sub -Unit Number
74 of Unit Number 2019 (concrete only);
AND WHEREAS, the construction of the above improvements on the above -
mentioned street was performed under the supervision of the City Engineer and
said improvements have been completed and have been inspected and found to
have been constructed in accordance with City specifications and in accordance
with the provisions of City Ordinance 1331.
W �.
n g '019
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
I.
That the improvements on said portions of the abovementioned street be
and the same are hereby accepted and the City Engineer be and he is hereby
authorized to direct the payment of the City's portion of the cost and to
release escrow money.
TI. I
This resolution shall take effect and be in force from and after its
passage.
Passed and approved this 29th day of November , 1979.
/s/ Dirk West
DIRK WEST, MAYOR !
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross Jr.
John C. Ross, Jr., City Attorney
*NOTE: Consolidated Final Estimate filed with Original Resolution No. 350
The motion was made by Councilman Aderton, seconded by Councilwoman Jordan
to pass resolution No. 349 and Resolution No. 350. Motion carried: Mayor
West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay; Mayor Pro Tem. Henry absent from Council Chambers.
79-38'L747-1293 Resolution No. 351
(39)
A resolution authorizing the Mayor to execute a contract between the City
and R. E. Jones to extend the time of payment of a Paving Assessment Lien
for five. (5)-_years.
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 to extend time of payment of a Paving Assessment Lien by I
R. E. Jones to said City, a copy of which is attached herewith which
shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail. Said City is to receive
a Street Dedication Deed as consideration therefor.
Passed by the City Council this 29th day of November ,1979, o
Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ Tom Nivens /s/ J. Worth Fullin im 11
Tom Nivens, Right -of -Way Agent J. Worth Fullingim, Asst. City 4ttorney
1
..,
r
F
Xd0T/,.7 _{
CONTRACT TO EXTEND TIME OF PAYMENT OF A PAVING
ASSESSMENT LIEN AND PROVIDE FOR THE CONTINUED
VALIDITY OF SUCH LIEN IN EXCHANGE FOR STREET
DEDICATION
This agreement made as of the 29th day of November , 1979,
by and between R.E. Jones herein called "OWNER" and the CITY OF LUBBOCK,
TEXAS, a Home Rule Municipality located in Lubbock County, Texas, acting by
and through its Mayor, herein called "CITY", said agreement becoming effective
upon execution by both parties hereto.
WITNESSETH:
SECTION I - SUBJECT MATTER OF TRANSACTION
The purpose of this agreement is the extension of time of payment of a
paving assessment created by City Ordinance No. 7843 enacted October 11, 1979,
and filed for record in Volume 1662, Pages 466-505 (inclusive) and particularly
Page 494 therein of the Deed Records of Lubbock County, Texas. This assess-
ment being secured by a lien to pay the cost of paving adjacent to the follow-
ing described tract of land, to -wit:
Beginning at a point which is 1,539.00 feet West and 55.00 feet South of
the Northeast corner of Section 15, Block E-2, Lubbock County, Texas;
Thence East along a line 55.00 feet South and parallel to the North line
of said Section 15, Block E-2 a distance of 483.00 feet to a point;
Thence South 150.00 feet to a point;
Thence West 498.00 feet to a point, said point being 60.00 feet East of
the East line of Tract A, Sh Ri De Heights Addition to the City of Lubbock,
Texas;
Thence North along a line 60.00 feet East and parallel to the East line
of said Sh Ri De Heights Addition a distance of 135.00 feet to a point,
said point being the beginning of a curve in a Northeasterly direction
whose radius point bears East 15.00 feet, with a delta angle of 90°, a
tangent length of 15.00 feet and an arc length distance of 23.56 feet;
Thence around said 15.00 foot radius curve an arc length distance of
23.56 feet to the Point of Beginning.
For and in consideration of extension of time to pay off said lien as
above described and on the terms herein set forth, OWNER agrees immediately
upon being requested in writing by City delivered by certified U.S. mail to
OWNER (R.E. Jones) to his last address known by City, to execute and forward
to the City a Dedication Deed on a form submitted by City to OWNER contempor-
aneously with this Agreement, dedicating a strip of land to the City and/or
the Public for use as a public street covering the following described tract
of real estate:
BEGINNING at a point which is 1,584.00 feet West of the Northeast corner
of Section 15, Block E-2, Lubbock County, Texas;
THENCE East 528.00 feet to a point;
THENCE South 55.00 feet to a point;
THENCE West 21.35 feet to a point;
THENCE North 5.00 feet to a point;
THENCE West 10.00 feet to a point;
THENCE South 5.00 feet to a point;
THENCE West 451.65 feet to a point, said point being the beginning
of a curve in a Southwesterly direction, the radius point of which
bears South 15.00 feet, with a delta angle of 90° and an arc length distance
of 23.56 feet;
THENCE around said 15.00 foot radius curve an arc length distance of 23.56
feet to a point;
THENCE West 30.00 feet to a point;
THENCE North 70.00 feet to the Point of Beginning.
29,488.29 Square Feet, 0.677 Acres.
If said dedication deed is not received by City within 30 days after date
of this agreement in form suitable for recordation, then in such event this
agreement may at option of City be declared null and void, and no longer of
any force or effect.
SECTION II
For and in consideration of the City of Lubbock paying for the construction
of the paving adjacent and abutting the hereinabove described property, OWNER,
its successors and assigns as owner of such property promises and does hereby
by these presents promise to pay to the City of Lubbock $9,591.48 on or befome
the end of the sixtieth (60th) month following the acceptance of the paving
improvements by the City of Lubbock; or when OWNER, his heirs or assigns plats
for development under Article 974A, Vernon's Civil Statutes of Texas, all or
any part of the real estate owned by OWNER, his heirs or assigns which is
adjacent to the tract to be dedicated for street above described and/or which
abuts 82nd St.; or when OWNER, his heirs or assigns, sells all or any part of
such real estate --whichever event of said three events, shall first occur, and
in any event not later than the end of said sixtieth (60th) month after acceptance
of paving improvements by the City.
SECTION III
Should the hereinabove described paving assessment of $9,591.48 on the
hereinabove described property be paid in whole or in part later than the
sixtieth (60th) month following acceptance of the paving improvements by thei
City of Lubbock, then the City shall charge and OWNER, his heirs or assigns
agrees and obligates itself to pay six percent (6%) per annum interest from
and after the end of said sixtieth (60th) month on the principal amount of
$9,591.48 so much thereof that remains unpaid.
SECTION IV
OWNER, his heirs or assigns, acknowledges the existence of the paving
assessment lien against OWNER under said Ordinance No. 7843, against the here-
inabove described property; such assessment lien created by City Ordinance V0.
7843 and filed for record in the Deed Records of Lubbock County, Texas, in
Volume 1662, Pages 466-505 (inclusive) and particularly page 494 therein, and
enacted on October 11, 1979, and further, OWNER agrees that the hereinabove
described paving assessment lien on the property described in said Ordinance
shall remain valid, and this agreement shall in no wise be construed as a
waiver or release by the City of Lubbock of said lien but same shall remain as
security for this agreement and have the same force and effect as though a
paving certificate were issued under the terms of the above described Ordinance.
Executed by the parties in duplicate originals as of the date first
written in this agreement.
OWNER:
/s/ R. E. Jones
R.E. JONES
CITY OF LUBBOCK
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary-Treas.
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -Of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullin im
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared R.E. JONES, known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same for the purposes and consideration therein '
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12th day of___�a_ aarv.^IIT
1980.
(SEAL) /s/Tom Nivens
Notary Public, Lubbock County, Texas
I NO
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00
IVOV,Z$ 197
THE STATE OF TEXAS X
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared DIRK WEST, known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same as the act and deed of the CITY OF LUBBOCK,
and as MAYOR, for the purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of November
1979.
(SEAL) /s/ Jackie Suter
Notary Public, Lubbock County, Texas
My Commission expires 4-13-81
Mr. R. E. Jones owns property on the south side of 82nd Street between
Salem and Raleigh Avenue and has agreed to dedicate the needed right-of-
way to widen 82nd Street provided that he be granted an extension of time
for Paving Assessment Lien for 5 years.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass Resolution No. 351 extending the time for pavement on the referenced
lien for five years. Motion carried: Mayor West, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro
Tem Henry absent from Council Chambers.
79-38A-750-1294 Resolution No. 352
(40)
A resolution authorizing the Ma or to execute the dedication deed for
Lots 13-17 Fry Addition (elevated tank area).
JWF:cl
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Dedication
Deed in connection with the platting of Lots 13-17 (inclusive), Fry Addition
to the City of Lubbock, Lubbock County, Texas, by said City, 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 29th day of November 1,1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Even Gaffga, City Secretary -Treasurer
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Title: Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
THE STATE OF TEXAS §
DEDICATION DEED
COUNTY OF LUBBOCK §
This is to certify that the City of Lubbock, a home rule municipality,
hereinafter called "City", of the County of Lubbock, State of Texas, is the
sole owner of a tract of land more particularly described as follows:
51
I
METES AND BOUNDS DESCRIPTION for the plat limits of Lots 13 through
p g
17, Fry Addition to the City of Lubbock, Lubbock County, Texas, being
further described as follows:
BEGINNING at a point in the South right-of-way line of 49th Street
which bears North a distance of 409.00 feet and West a distance of
429.00 feet from the Southeast corner of Section 16, Block B, Lubbock
County, Texas, said point also being the Northwest corner of Lot 12,
Fry Addition; R
THENCE South a distance of 409.00 feet to a point in the South line
of said Section 16;
THENCE West, along said section line, a distance of 260.00 feet;
THENCE North a distance of 409.00 feet to a point in the South right-
of-way line of 49th Street;
THENCE East, along said right-of-way line, a distance of 260.00 feet 1
to the Point of Beginning.
CONTAINS: 2.441 acres
and the City does hereby plat the above -described property into lots and blocks,
designating streets, alleys, easements (surface and/or underground), and other
properties therein shown in accordance with the attached map, prepared
by Hugo Reed & Associates, Inc., Land Surveyors, on the 5th day of
November, 1979, and approved by the Planning Commission of the City
of Lubbock on the day of 1979, and
desiring to have the said property platted and duly filed for record
as required by law, all as shown on the attached map;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and
in consideration of the special benefits to the remainder of its property,
the City does hereby DEDICATE all the streets, alleys, easements (surface
and/or underground), and other public properties thereon shown and
designated upon said map to the PUBLIC for PUBLIC USE FOREVER; and
by these presents does impress the name of "Lots 13-17 (inclusive),
FRY ADDITION to the City of Lubbock, Lubbock County, Texas" upon said
property for the correct reference and description thereto by lots
and blocks, as indicated upon the attached map, and it does hereby
adopt the name hereinabove stated and impress the same upon the said
land, incorporating said map as a part of this dedication.
EXECUTED this 29th day of November , 1979.
ATTEST:
/s/ Evelyn Gaffga. _
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ J. Worth Fullin im
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
/sl Dirk West
DIRK WEST, MAYOR
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson I
TITLE: Wilford D. Watson, Cityl
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared DIRK WEST, known to
me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same as the act and deed
of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of
November 1979.
/s/ Jackie Suter
Notary Public,
Lubbock County, Texas
My Commission expires 4-13-81
r
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It was necessary for the City to plat the area of land it owns adjacent
to and including the dental firm which wishes to lease a portion of this
land for construction of a parking lot.
79-3752-1295 Resolution No. 353
(41)
A resolution authorizing the Mayor to execute a Lease Agreement for a
portion of Lot 17, Fry Addition.
JWF:pg
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
00v3.1 197
THAT the Mayor of the City of Lubbock be and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Lease Agreement
(as Lessor) with CNJ Dental Building Corporation, E. Nelson Nichols, Clifford
J. Breaud, and James M. Reynolds as Lessees attached herewith which shall be
spread upon the minutes of the Council and as spread upon the munutes of this
Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this29th day of November ,
1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga _
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Denzel Percifull
Denzel Percifull, Director of Public Services
APPROVED AS TO FORM:
J. Worth Fullin im
J. Worth Fullingim, Asst. City Attorney
LEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This agreement entered into as of January 1, 1980 by and between the City
of Lubbock, a home rule municipality located in Lubbock County, Texas, herein
called "Lessor", and CNJ Dental Building Corporation, E. Nelson Nichols,
Clifford J. Breaud, and James M. Reynolds, hereinafter collectively called
"Lessees", in consideration of the mutual agreements continued herein to be
kept and performed by the Parties hereto do hereby contract and agree as
follows:
I.
Lessor hereby leases unto Lessees for a term of ten years beginning
January 1, 1980 and ending December 31, 1989, the following described tract of
land:
Description of a parcel of land out of Section 16, Block B, Lubbock
County, Texas (Part of the 50 Street Water Tank Site):
BEGINNING at the Southwest corner of Lot 1, Folly Addition to the City of
Lubbock, Lubbock County, Texas, said corner being 45.00 feet North of and
429.00 feet West of the Southeast corner of Section 16, Block B, Lubbock
County, Texas;
THENCE West along the North right-of-way line of 50th Street a distance
of 55.00 feet;
THENCE North a distance of 214.00 feet;
g 19� 9 THENCE East a distance of 55.00 feet to the Northwest corner of Lot 1,
Folly Addition;
THENCE South along the West line of Lot 1, Folly Addition a distance o"
214.00 feet to the place of beginning.
Said tract of land is a part of a larger tract of land being platted by
Lessor (as owner) pursuant to the platting statute of the State of Texas known
as Article 974A, V.A.C.S., said larger tract will be known as Lots 13-17
(inclusive), Fry Addition to the City of Lubbock, Lubbock County, Texas, an
after such platting is complete, the said smaller tract hereinabove described
by metes and bounds can be appropriately described and known as the East 55.40
feet of Lot 17, Fry Addition to the City of Lubbock, Lubbock County, Texas.
II.
Lessees shall pay $150.00 per month in advance to Lessor as a rental f
the lease of the land herein concerned during the ten year term of this lea
the first payment being due contemporaneously with the execution of this le
as of January 1, 1980 and on the first day of each succeeding month thereaf
during the said term of this lease.
The purpose for which the land is to be used is a parking lot for vehicles
as an ancillary use to an office building operated by Lessees on adjacent 'I
property owned by Lessees.
IV.
Lessees shall pay for the cost of paving for the parking lot which shall
cover about forty feet of the land, and which shall provide parking for approxi-
mately 16 vehicles. Lessees shall provide an entrance from 50th Street to
area herein leased circulating through such area and opening access to the
alley thereby allowing circulation of traffic off 50th Street back into the
paved driveway East of Lessee's present building. Lessees shall maintain suuh
paving (also) in satisfactory condition for vehicular use.
V.
Lessees (at their expense) shall landscape and maintain during the life
of this lease the remainder of said Lot 17 not herein leased and the parkway
in front of said Lot 17, which parkway is located on 50th Street, in a manner
and subject to approval of Lessor.
VI.
Lessor retains the right to keep, patrol, maintain, repair, reconstruct
its water tower located on adjacent land owned by Lessor, and all its existing
water department facilities and equipment in connection therewith, and Lessees
at all times and seasons grant and reserve unto Lessor ingress, egress, and
regress for Lessor, its agents, servants, representatives, and officials for
such purposes upon, and over the premises herein leased.
Lessee shall have access to the remainder of the aforesaid Lot 17 referred
to in Section V above to the end that Lessee can properly landscape and maintain
said remaining part of said Lot 17.
VII.
Lessees shall, at its expense, move, or cause to be moved, the fence from
the East side of the property to the West side of the property (herein leased),
said moving to be accomplished as expeditiously as possible to avoid security
risks to Lessor's water tower located nearby.
VIII.
Lessee shall save Lessor harmless and indemnify and defend Lessor against
any and all claims and lawsuits arising out of or in any manner connected with
the operation and use of the leased premises by Lessee, its agents, servants,
representatives, customers, or invitees.
IX.
All improvements placed on leased premises by Lessees shall become prop rty
of Lessor upon termination of this lease by whatever cause.
X.
This lease cannot be assigned in whole or in part by Lessee except upon the
express written permission to such assignment by Lessor. 11
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XI.
This lease may be cancelled and terminated by Lessor for non-payment of
rent or failure of Lessee to keep and perform any of its agreements herein
contained, such termination to be in the form of 30 days written notice by
Lessor delivered or mailed to last known address of Lessee.
Executed as of the date first above written in Lubbock, Lubbock County,
Texas.
ATTEST:
/s/ Even Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
City of Lubbock (Lessor)
By: /s/ Dirk West
DIRK WEST, MAYOR
APPROVED AS TO FORM:
ft
WIT
/s/ Denzel Percifull /s/ J. Worth Fullingim
Denzel Percifull, Dir. of Public Services J. Worth Full.ingim, Asst. City Attorney
CNJ Dental Building Corporation
/s/ DT- . James M,.Re nolds
President
/s/ E. Nelson Nichols
E. Nelson Nichols
/s/Clifford J. Breaud
Clifford J. Breaud
/s/ James M. Reynolds
James M. Reynolds
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
Before me, the undersigned authority, on this day personally appeared
Dirk West, Mayor of the City of Lubbock, 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 as the act and deed of said City.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 29thday of November ,
1979.
/s/ Jackie Suter
Notary Public, Lubbock County, Texas
My Commission expires 4-13-81
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
Before me, the undersigned authority on this day personally appeared
James M. Reynolds , President of CNJ Dental Building Corporation,
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 considera-
tion therein expressed, and in the capacity therein stated as the act and deed of
said Corporation.
1979.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 19th day of December
/s/Margot P. Greene
Notary Public, Lubbock County, Texas
�5
1g7g
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
Before me, the undersigned authority, on this day personally app-u- _..
E. Nelson Nichols known to me to be the person whose name is subscribed to
foregoing instrument, and acknowledged to me that he executed the same for
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 19thday of December
1979.
t P. Greene
the
the
11
Notary Public, Lubbock County, Texa;
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
Before me, the undersigned authority, on this day personally appeared �I
Clifford J. Breaud, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 19th day of December ,
1979.
s Mar of P. Greene
Notary Public, Lubbock County, Texas„
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
Before me, the undersigned authority, on this day personally appeared
James M. Reynolds, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed the same
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 19th day of December
1979.
P. Greene
Notary Public, Lubbock County, Texas
r
At the Regular City Council Work Session on August 9, 1979, By Consensus,
the Council agreed to negotiate a Lease Agreement with a clinic of dentists
officing at 3410 50th Street who had requested interest in leasing 55 feet
of land east of the water tower located at 3414 50th Street for the purpose
of developing additional parking for their clinic. The plan would provide
for an entrance from 50th Street, and for landscaping for the entire strip
along 50th Street in front of the fence, and maintenance of the land involved.
The clinic is agreeable to a monthly sum of $150 with projected costs of
$75 for their responsibility in maintaining the area involved; the Lease
is for a ten year period. It also provides for the relocation of a cyclone
fence and a hold -harmless clause protecting the City from any liability.
The clinic of dentists is: Drs. Reynolds, Nichols, Breaud, and Mayes.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass Resolution No. 352 and Resolution No. 353 authorizing the Dedication
Deed and authorizing a Lease Agreement referenced above. Motion carried:
Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers.
79-34755-1296 Ordinance No. 7967
(42)
An ordinance to abandon and close all alle s and streets lying between
54th and 57th Streets and between Avenue H and Avenue J.
JWF:bs ORDINANCE NO. 7967
AN ORDINANCE ABANDONING AND CLOSING THE
FOLLOWING PORTIONS OF STREET AND ALLEY:
THE NORTH --SOUTH ALLEYS IN BOTH BLOCKS 9 AND 10, C. N. HODGES ADDITION T
THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND A PORTION OF STREET, BEING
THAT PART OF TEXAS AVENUE WHICH LIES BETWEEN AND ABUTS SAID BLOCKS 9 AND 10,
�1
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TWE
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79-38A756-1297
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 AND ALLEY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
The area will be replatted to accommodate one business which is a proposed
car dealership.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said ordinance on first reading. Motion carried: Mayor West,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay; Mayor Pro Tem Henry absent from Council Chambers.
Ordinance No. 7968
An ordinance to abandon and close the East-West ally adjacent to Lots 1,
2 3 and 4 Block 1 Frances Place Addition.
Ai' D1VP- j 197
N JWF:pg ORDINANCE NO. 7968
m
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: THE
EAST -WEST ALLEY WHICH IS ADJACENT AND ABUTS LOTS 1-4 (INCLUSIVE), BLOCK 1,
FRANCES PLACE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE
z PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
d ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE
wrx CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY; PROVIDING A SAVINGS CLAUSE AND
A
PROVIDING FOR PUBLICATION.
z
C
U
W This alley lies west of Joliet and Methodist Hospital has purchased the
00 last remaining residential structure on these lots for parking lot development.
The Hospital has agreed to grant easements for all utilities within the alley.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said ordinance on first reading. Motion carried: Mayor West, Council-
woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay;
Mayor Pro Tem Henry absent from Council Chambers.
79-38d756-1298 Resolution No. 354
(44)
A resolution accepting water and sewer improvements_ for lots 7-A through
11-8 Whis erwood Addition.
RESOLUTION
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS
7A THROUGH 11-B, WHISPERWOOD ADDITION.
WHEREAS, the developer of Lots 7-A through 11-B, Whisperwood Addition,
have complied with the provision of the City of Lubbock Code, Chapter 34,
Article 2, by providing the water and sewer improvements for said addition
in accordance with paragraph 61 of said Chapter 34, and
WHEREAS, the total utility cost to the developer is $3,016.22 with the
improvements constructed by Panhandle Construction Company having a value of
$2,576.60 as determined by the unit prices established by said Chapter 34,
and $439.62 cash paid to the City, with Tara Land Company, the developer,
to receive no refund in accordance with Chapter 34 of the Code of the City
of Lubbock.
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the City Engineer and completed in accor-
dance with the City of Lubbock's plans and specifications,
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
integral part of the water and sewer system of the City of Lubbock.
2. This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 29TH DAY OF NOVEMBER, 1979.
/s/ Dirk West
ATTEST: Dirk West, Mayor
/s/ Evelyn Gaffga
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
79-3A757-1299 Resolution No. 355
(45)
Well relocation agreement in the Sandhills well field.
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
with the John L. Birdwell heirs with respect to changing the location
of an irrigation well where said City owns water rights, 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 29th day of November
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Gordon W. Willis
Gordon W. Willis, Superintendent of Wate
Treatment
APPROVED AS TO FORM:
/s/ J. Worth Fullin im
J. Worth Fullingim, Assistant City
Attorney
AGREI
STATE OF TEXAS §
COUNTY OF BAILEY §
WHEREAS, John L. Birdwell (a/k/a J.
entered into a contractual agreement (herein called "1957 Contract") with the
City of Lubbock, a home rule municipality located in Lubbock County, Texas,
herein called "City", dated October 29, 1957, same being recorded in Volume
73, Pages 85-91 (inclusive) of the Deed Records of Bailey County, Texas, said
1957 Contract being incorporated herein by reference as if fully copied herein
in detail in this place, and in paragraph IV of said 1957 Contract the said
John L. Birdwell was granted the right to drill one irrigation well for
agricultural purposes only, to be equipped with one pump, having only one
column pipe, which pipe shall not exceed six inches in diameter, on either
Labor 3 or Labor 4, in League 173, Sutton County School Land, in Bailey
County, Texas; and,
WHEREAS, the City is the owner of certain water rights in Bailey County,
Texas, and has been requested by the undersigned owners of certain hereinafter
described property, and the property hereinabove described, to consent to the
transfer of the location of the irrigation well above referred to, to anotheri
location, and the City is agreeable to granting such request: 11
1979.
NOW THEREFORE:
The City and Arline B. Phelps and her husband, Bernard Phelps, individ-
ually, and Arline B. Phelps, Johnnie B. Brown, Christine Keeney, and J. E.
Birdwell all respectively as Co -Independent Executors and Executrixes (as the
case may be), and also as Co -Trustees under the last will and testament and
estate of the aforesaid John L. Birdwell, now deceased, and under the testa-
mentary trust known as the John L. Birdwell Trust, set up with respect to said
estate, and all respectively as attorneys in fact for and acting in the stead
of Cordie Birdwell, the widow of the said John L. Birdwell, deceased, and the1
said Johnnie B. Brown being joined herein by her husband, W. R. Brown, and tte
11
Li
ri
u
r
r
r
f
F
said Christine Keeney (a/k/a Christine B. Keeney) being joined herein by her Vnvas
husband, W. E. Keeney, and the said J. E. Birdwell being joined herein by his
wife, Genene Birdwell, all of said parties in their respective capacities, and
their respective spouses herein joining, herein being collectively called
"Birdwells", in consideration of the mutual covenants and agreements made as
hereinafter set forth, do hereby contract and agree as follows:
I.
The rights of the Birdwells to drill an irrigation well as set forth in
Paragraph IV of said 1957 Contract are hereby cancelled and in exchange for
said cancellation the City hereby grants to the Birdwells the right to drill
and maintain one six-inch irrigation well for agricultural purposes only, said
irrigation well having the capacity to produce not more than 560 gallons per
minute, which 560 gallons per minute is the maximum capacity allowable for a
six-inch irrigation well under the Rules and Regulations of the High Plains
Underground Water Conservation District No. 1, and being located at any site in
either Labor 5 or Labor 6, League 172, Sutton County School Land in Bailey
County, Texas.
II.
The said 1957 Contract is hereby only amended as specifically set forth
above with respect to the cancellation of the one irrigation well, and in all
other respects said 1957 Contract shall remain the same and in full force and
effect.
IIT.
This agreement shall be binding upon and inure to the benefit of the City,
its successors and assigns, and the Birdwells, their heirs and assigns.
Executed as of the 29th day of November , 19 79
/s/ Arline B. Phelps
Arline B. Phelps
/s/ Johnnie B. Brown
Johnnie B. Brown
/s/ Christine B. Keene
Christine Keeney
/s/ J. E. Birdwell
J. E. Birdwell
ATTEST:
/s/ Evel Gaff a
Evelyn Gaffga, City Secretary -
Treasurer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Asst. City
Attorney
THE STATE OF TEXAS §
COUNTY OF Bailey §
/s/ Bernard Phelps
Bernard Phelps
/s/ W. R. Brown
W. R. Brown
/s/ W. E. Keene
W. E. Keeney
/s/ Genene Birdwell
Genene Birdwell
CITY OF LUBBOCK
BY: /s/ Dirk West
DIRK WEST, MAYOR
APPROVED AS TO CONTENT:
/s/ Gordon W. Willis
Gordon W. Willis, Superintendent of
Water Treatment
Before me, the undersigned authority, on this day personally appeared
Arline B. Phelps, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that she executed the
same for the purposes and consideration therein expressed, and in the capa-
cities hereinabove stated and as the acts and deeds of the John L. Birdwell
Estate and the John L. Birdwell Trust, and as attorney in fact for Cordie
Birdwell in her stead and place.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 26th day of
19 79
November
/s/ Inez F. Bobo Inez F.Bobo)
Notary Public, Bailey County,
Texas
q 2 9 1g79
THE STATE OF TEXAS §
COUNTY OF Bailey §
Before me, the undersigned authority, on this day personally appeared
Bernard Phelps, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this thA6th day of
19 79 .
lsl Inez F. Bobo (Inez F. E
Notary Public, Bailey Count
Texas
THE STATE OF TEXAS §
COUNTY OF Fisher §
Before me, the undersigned authority, on this day personally appeared
Johnnie B. Brown, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that she executed the same
for the purposes and consideration therein expressed, and in the capacities
hereinabove stated and as the acts and deeds of the John L. Birdwell Estate,
and the John L. Birdwell Trust and as attorney in fact for Cordie Birdwell
in her stead and place.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the2lst day of Nov.
19 79
Isl Margie B.
Notary Public,
Texas
THE STATE OF TEXAS $
COUNTY OF Fisher §
Fisher Co
Before me, the undersigned authority, on this day personally appeared
W. R. Brown, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 21st day of Nov.
19 79
. Hale
Notary Public, Fisher County,
Texas
THE STATE OF TEXAS §
COUNTY OF Lubbock §
bo)
Before me, the undersigned authority, on this day personally appeared
Christine Keeney, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that she executed the same
for the purposes and consideration therein expressed, and in the capacities
hereinabove stated, and as the acts and deeds of the John L. Birdwell Estate
and the John L. Birdwell Trust, and as attorney in fact for Cordie Birdwell
in her stead and place.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 19th day of November. ,
1979 II
/s/ Velma Gaines
Notary Public, Lubbock
Texas
Gaines
County,
I
Ili
r
r
r
)OCT/ M
THE STATE OF TEXAS §
COUNTY OF Lubbock $
Before me, the undersigned authority, on this day personally appeared
W. E. Keeney, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 19th day of November ,
19 79
/s/ Velma Gaines Velma Gaines)
Notary Public, Lubbock County,
Texas
My Commission expires 11-14-80
THE STATE OF TEXAS §
COUNTY OF Bailey §
Before me, the undersigned authority, on this day personally appeared
J. E. Birdwell, 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 capacities herein -
above stated as the acts and deeds of the John L. Birdwell Estate, and the
John L. Birdwell Trust, and as attorney in fact for Cordie Birdwell in her
stead and place.
19 79 GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 20th day of November ,
/s/ Linda Davis
Notary Public,_ Bailey County,
Texas
My Commission expires 10--11-81
THE STATE OF TEXAS §
COUNTY OF Bailey §
Before me, the undersigned authority, on this day personally appeared
Genene Birdwell, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that she executed the same
for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 20th day of November ,
19 79
/s/ Linda Davis
Notary Public, Bailey _ County,
Texas
My Commission expires: 10-11-81
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
Before me, the undersigned authority, on this day personally appeared
DIRK WEST, Mayor of the City of Lubbock, 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 as the act and deed of said City.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 29th day of November ,
19 79
/s/ Jackie Suter
Notary Public, Lubbock County, Texas
My Commission expires: 4-13-81
The owners of the surface part of the Sandhills Well Field, Mr. and
Mrs. Bernard Phelps, have requested they be allowed to relocate a six inch
irrigation well from Labor 3 or 4, in League 173, moving said well to
Labor 5 or 6, in League 172. Our contract with the owners reflect they
reserved the right to two irrigation wells in this area.
2 9 1575
79-38L761-1300
(46)
79-38(1761-1301
(52)
The motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to approve Resolution No. 354 and Resolution No. 355. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
Authorizing negotiations with the engineering firms for water and sewer
capital projects.
Three water projects and one wastewater project are scheduled for const-
tuction in 1980 and require services of an outside engineering firm. The
largest projects are the Terminal Storage Reservoir at the Water Treatment
Plant and Water Treatment Plant improvements, clear well and pipeline into
No. 4 Pump Station from the Treatment Plant. These projects will be funded
in the 1980 General Obligation Bond sale. The other water project is the
control system for the wells in Bailey County and the upgrading of our
controls for our local pump stations.
The wastewater project is phase two of the renovation of the Southeast
Water Reclamation Plant and this will be on a fixed or lump sum basis with
provisions for cost plus type of arrangement for updating the local control
system. It is recommended that the City negotiate a Joint Venture Contract
with Parkhill, Smith and Cooper and Freese and Nichols for the larger water
projects for the terminal storage reservoir, and the Water Treatment Plant
improvements and the pipelines to the No. 4 Pump Station from the Treatment:
Plant; and to negotiate additional contracts with Parkhill, Smith and Cooper,
for the control system in the well fields and upgrading of controls at the
Southeast Water Reclamation Plant.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to accept the staff recommendation and negotiate a Joint Venture Contract
with Parkhill, Smith and Cooper/Freese and Nichols for the Terminal Storage
Reservoir and the Water Treatment Plant improvements to include the clear
well and pipeline into the No. 4 Pump Station at the Plant; additionally
to negotiate additional contracts with Parkhill, Smith and Cooper for the
control system in the well fields and upgrading the controls at the South-
east Water Reclamation Plant. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay. H
Consider honoring Dr. Martin Luther King, Jr.
At a public hearing held on October 25, 1979 to consider ways of honoring
Dr. Martin Luther King, Jr., one of the suggestions was to name Canyon Lake
No. 6 in his honor; the area is situated on the south side of the Lake just
east of Estabanico area within which a waterfall is being constructed.
Councilman McAlister indicated that he had problems naming a street after
a person (the Human Relations Commission had requested renaming Quirt Avenue!
at the time of the public hearing) but Councilman McAlister indicated that
Dr. King should be honored by the City. Inasmuch as Canyon Lake No. 6 is
the largest lake in the Canyon Lakes development, and will be one of the most
beautiful in the future, he moved that it would be appropriate to consider
naming Canyon Lake No. 6 after Dr. King; additionally, to secure some
recommendation from the Parks and Recreation Board of possible ways of
honoring Dr. King at the Lake, i.e. monument plaque and so forth. The motion
was seconded by Councilwoman Jordan.
Mayor Pro Tem Henryqueried whether or not if
Y Y q subsequent information was
submitted which would reflect more appropriate ways for honoring Dr. King
than this particular park, would we have an open mind to that. Councilman
McAlister reply was, if Mr. Henry implied recinding the above motion, he
felt that all matters had been discussed throughly on two previous occassioni
and it was now decision making time.
The motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
There resulted a great deal of confusion from the above motion as to it's
meaning as recorded by the City Secretary, the interpretation as recorded,
and the intent of the Councilman, the confusion resulting from the use of
the word "consider" in the motion. At 5:25 p.m., before adjourning, CouncilE
man McAlister clarified the situation by restating his motion made earlier
in the day, to -wit: The motion was made by Councilman McAlister, seconded
by Councilman Aderton to name Canyon Lake No. 6 from East 19th to Dam No. 6
as Martin Luther King Lake and asked the Parks and Recreation Board to
provide recommendations to the City Council as to types of identification
to be used.
Mayor Pro Tem Henry responded that he planned to vote for the motion, but
believed the Council should reserve the right to alter this request if
subsequent information from the neighborhood indicates there might be better
ways to honor Dr. King. Mr. Henry felt somewhat uncomfortable at this time
without any expression from the community that this is the best way. At thief
time, as we do not have any better suggestions, he would vote for the motion)
I
1 tQ�
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay. City Attorney
John Ross commented that the motion will stay in effect until superceded
by a subsequent motion.
79-38A762-1302 Ordinance No. 7969
(53)
Amending Ordinance No. 924 which relates to the method of naming streets.
4
LGB:bs ORDINANCE NO. 7969
AN ORDINANCE AMENDING ORDINANCE NO. 924 OF THE CITY OF LUBBOCK, TEXAS, BY
AMENDING SECTION 9(b) THEREOF TO PROVIDE FOR THE NAMING OF CERTAIN STREET
NAMES BEGINNING WITH THE LETTER "Q" AND BY ADDING A SECTION 9(d) THERETO
PROVIDING THAT CITY STREETS SHALL NOT BE NAMED FOR INDIVIDUALS AND PROVIDING
FOR A SAVINGS CLAUSE.
Councilman McAlister indicated that the east Lubbock residents had indicated
the name of Quirt Avenue to have a negative connotation to their area and he
would not be allergic to renaming Quirt Avenue, but not after a person. He
therefore moved that they consider renaming Quirt Avenue Airport Drive. The
motion was seconded by Councilwoman Jordan. City Attorney John Ross interjected
his comments here to the effect that Ordinance No. 924 must first be amended
i.e. removing the impediment with respect to streets beginning with the
letter Q; but after the second reading the motion could then be enter-
tained and considered. Therefore, Mayor West ruled that Councilman
McAlister's motion was out of order.
The motion was then made by Councilman McAlister, seconded by Councilwoman
Jordan to amend Ordinance No. 924, Section 9-B, which states in part:
"Any street that falls under the alphabetical designation for the letter
'Q' shall be named by motion of the City Council which motion shall
designate the name to be given such street. ..." He further moved that
an additional provision be made that no street can ever be named after a
person.
Mayor Pro Tem Henry queried whether or not the name of Quirt Avenue could
be changed at a subsequent time, although he was not suggesting any
particular name at this time; that to remove the name of Quirt and to
rename a name that is not acceptable to the residents of east Lubbock/
nothing has been accomplished. Councilman Aderton commented that the
Council should establish a policy of naming streets for some positive
reason and not for a negative reason.
Following the discussion, the balloting reflected Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
A recess was declared at 12:25 p.m. for lunch, to be reconvened at 1:30 p.m.
The Council reconvened at 1:40 p.m.
79-38A762-1303 Consider generally most pressing of city needs_ requiring issuance of Cit.
(47) of _Lubbock General Obligation Bonds, Series 1980, as previously authorize
at election of May 211977.
79-38g762-1304 Resolution No. 356
(48)
A resolution authorizing the 2rocedures to be followed in validation and
issuance of City of Lubbock General Obligation Bonds Series 1980 the
caption of said resolution reading as follows:
"A Resolution by the City Council of the City of Lubbock Texas,
relating to_procedures to be followed in the sale of $6,450,000.00
City of Lubbock Texas General Obligation Bonds Series 1980(being
an installment out of bonds authorized at the election of May 21, 1977
providing the forms of procedures and in substantial form all instru-
ments for said Series 1980 Bonds; stating the intent and desire of the
City Council to proceed with such Series 1980 expeditiously* and as
appropriate within their discretion; reserving the right to make
corrections and insubstantial and immaterial changes and modifications
in all such Series 1980 instruments. toreflectthe true facts, circum-
stances and dates at time of ultimate _execution, resolving other matters
incident and related to the purpose, including the filing of an action
under the provisions of Vernon's Ann. Civ. St. art. 717m-1• and
providing an effective date for this Resolution."
I&D3
�! l
`1 jq7� RESOLUTION
A RESOLUTION by the City Council of the City of Lubbock, Texas, relati '
to procedures to be followed in the sale of $6,450,000.00 City of Lubbock,
Texas, General Obligation Bonds, Series 1980 (being an installment out of
bonds authorized at the election of May 21, 1977); providing the forms
of procedures and in substantial form all instruments for said Series 1980
Bonds; stating the intent and desire of the City Council to proceed with
such Series 1980 expediciously and as appropriate within their discretion;
reserving the right to make corrections and insubstantial and immaterial
changes and modifications in all such Series 1980 instruments to reflect they
true facts, circumstances and dates at time of ultimate execution, resolving
other matters incident and related to the purpose, including the filing of
an action under the provisions of Vernon's Ann.Civ.St., art. 717m-1; and
providing an effective date for this Resolution.
WHEREAS, this City Council has determined and does hereby determine that:
(1) It should proceed with the authorization of bonds to be known as
"City of Lubbock, Texas, General Obligation Bonds, Series 1980"; and,
(2) That it is necessary and expedient that the instruments and proce-.
dures necessary to the accomplishment of such purpose be now defined so that
same may be subjected to judicial consideration, reserving the right to make.
all corrections, modifications and changes necessary so that said instruments
at the time ultimately enacted, executed or delivered shall accurately reflect
conditions at the time of such enactment, execution or delivery, provided such
corrections, modifications and changes shall not substantially or materiall7
effect the substance of the proposed instruments; and,
(3) That a clear and concise declaration of the intentions and desires
as to such proposed General Obligation Bond should be of record; and, I�
(4) That form of the Ordinance to be hereafter enacted setting all terms
and conditions of the Series 1980 General Obligation Bonds be provided; as we11
as prescribing the form of notice to be published in accordance with Article
VIII, Section 5 of the City Charter and the form of notice of sale to be
distributed to proposed bidders, as well as all further instruments necessary
to the sale and delivery of said Series 1980; and,
(5) It should institute an action under Vernon's Ann.Civ.St., art. 717I-1,
in order that all matters possible arising in connection with the issuance oil
Series 1980 Bonds may be validated and confirmed; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. That the recitals and determinations made in the preamble
hereof are found to be true and are adopted as the findings of this governing
body.
SECTION 2. That this Council proposes to proceed as quickly as possible,
subject to the Judicial procedures contemplated hereby, with the sale and
delivery of $6,450,000.00 City of Lubbock, Texas, General Obligation Bonds, I
Series 1980. I
SECTION 3. That the City Attorney is directed to institute and file
an appropriate action, under the provisions of Vernon's Ann.Civ.St., art.
717m-1, to approve and validate the bonds now sought to be issued and obtain
appropriate relief against the institution of suits which would or might pre-
vent the carrying out of the wishes of the electorate, all in the manner
provided by said law.
SECTION 4. That this Council proposes to enact at the soonest possiblel�
and appropriate date, in substantially the form hereafter set forth, an Ordinanc
authorizing the issuance of $6,450,000.00 City of Lubbock, Texas, General
Obligation Bonds, Series 1980; said Ordinance being attached as Exhibit R-1 to
this Resolution and to which attachment reference is here made for all purposes.
SECTION 5. That the enactment of said aforesaid Ordinance shall be
reflected upon the minutes of the City Council of the City of Lubbock, Texas,
substantially in the form and manner set forth in the minutes being attached
as Exhibit R-2 to this Resolution and to which attachment reference is here
made for all purposes.
SECTION 6. That this Council in compliance with charter requirements
proposes thereafter to issue and approve a notice of sale, which except for
the date and time of sale shall be in substantially the form attached as
Exhibit R--3 to this Resolution and to which attachment reference is here made
for all purposes.
That such notice is the format of the notice which the City proposes to
use in meeting the requirement of Article VIII, Section 5 of the City Charter,
vi-VA 14-1
in that such notice would be published (after being completed) once each week
for a period of thirty days in the Lubbock Avalanche -Journal, a newspaper of
general circulation in and published in the City of Lubbock.
That the date and time to be set in such notice for the receipt of bids
would be not less than 30 days following the date of the first publication;
that the time of day established for the sale shall be between the hours of 9
A.M. and 4 P.M.; that the City Council proposes to convene in open session,
after notice thereof has been given in compliance with Article 6252-17, V.A.T.C.S.
for the purpose of opening and considering bids or proposals for the purchase
of such bonds.
SECTION 7. That additionally this Council proposes to cause to be dis-
tributed an Official Statement, Notice of Sale and bidding documents in sub-
stantially the form attached as Exhibit R-4 to this Resolution and to which
attachment reference is here made for all purposes.
The Council reserves the right to cause such instrument to be modified
and amended to reflect at time of distribution current information as to all
matters included, but no changes of a substantial or material nature at law
are contemplated.
That said documents shall be distributed to investment bankers and others
who would normally submit proposals for the purchase of bonds of the kind and
character to be offered for sale and the City proposes to cause such distri-
bution to be made.
That prior to the distribution of said Notice of Sale and Bidding In-
structions, Official Bid Form and Official Statement, all as contained in said
instrument attached as Exhibit R-4, the Council will by resolution approve the
form and content of the above and authorize First Southwest Company, Dallas,
Texas, to distribute these said instruments to prospective bidders for and
purchaser of the Series 1980 general obligation bonds which are the subject of
this Resolution. The form of said Resolution shall be substantially as reflected
by the instrument attached hereto as Exhibit R-5 to this Resolution and to
which attachment reference is here made for all purposes.
SECTION 8. That subsequent to the final enactment of the Ordinance
attached to this Resolution as Exhibit R-1, the Council hereby authorizes and
approves the execution by the officer indicated of a General Certificate
substantially in the form attached hereto as Exhibit R-6 to this Resolution
and to which attachment reference is here made for all purposes.
SECTION 9. That the Council directs, authorizes and approves the execution,
issuance and delivery at the appropriate time or times of a Debt Service
Requirement Schedule substantially in the form attached hereto as Exhibit R-7
to this Resolution and to which attachment reference is here made for all
purposes.
SECTION 10. That the Council after receipt of bids, opening thereof and
acceptance of the best bid received, subject to the authority of the Council
to reject any or all bids, shall upon acceptance enact an ordinance substan-
tially in the form reflected by Exhibit R-8 to this Resolution and to which
attachment reference is here made for all purposes. It is by this instrument
that the Council shall adopt and specify the interest rates the bonds are to
bear (as established in the bid documents).
SECTION 11. That the minutes reflecting passage upon first reading of
the ordinance immediately above described shall be substantially as reflected
by Exhibit R-9 to this Resolution and to which attachment reference is here
made for all purposes.
SECTION 12. That the minutes reflecting passage upon second and final
reading of the ordinance immediately above described shall be substantially as
reflected by Exhibit R-10 to this Resolution and to which attachment reference
is here made for all purposes.
SECTION 13. That as of the date of sale of said bonds the Council shall
enact a Resolution approving the form and content of the Official Statement,
which Resolution shall be substantially as reflected by instrument attached
to this Resolution as Exhibit R-11 and to which attachment reference is here
made for all purposes.
SECTION 14. That the Council authorizes and directs that at the appro-
priate time a Certificate as to Official Statement by the officer named
thereon substantially in the form reflected by instrument attached to this
Resolution as Exhibit R-12 and to which attachment reference is here made for
all purposes.
SECTION 15. That the Council further proposes, during the procedures
leading to ultimate sale and delivery of the $6,450,000 City of Lubbock, Texas,
General Obligation Bonds, Series 1980, to utilize the additional instru-
ments in substantially the forms attached (which shall be current as of the
date of execution) as follows:
)(05
,AU i �, 14 YJ I y
(1) Treasurer's Receipt attached to this Resolution as Exhibit R-13
to which attachment reference is here made for all purposes• and
i
and
(2) Signature and No -Litigation Certificate attached to this Resolution
as Exhibit R-14 and to which attachment reference is here made for all purposes.
11
SECTION 16. That the language of each instrument proposed to be utilized
as included in this Resolution, is in each instance adopted as part of this 11
Resolution and as the findings and determinations hereof. The Council reserves
the right to make appropriate corrections and insubstantial and immaterial
changes and modifications in all such instruments so that each will reflect
the true facts, circumstances and dates at the time of ultimate execution.
SECTION 17. The City Secretary -Treasurer of the City of Lubbock, Texas,
is authorized and directed to prepare, execute and deliver, such certificatels
as to the authenticity as may be subsequently required or appropriate upon
passage of this Resolution, or thereafter, of copies of this Resolution or of
any instrument attached as an exhibit to this Resolution.
SECTION 18. That as to all documents and instruments above proposed to
be executed, submitted or delivered as set forth hereinabove, the Council here
reserves the right to complete the blanks provided therein, correct clerical
errors as may be discovered therein, and make such other insubstantial and
immaterial changes as may be necessary to reflect changes of conditions not
affecting the validity of the instruments, prior to execution, submission or
delivery, respectively. Council also reserves the right to make such further
and additional changes in said instruments as may be suggested or required by
the Attorney General of the State of Texas, and such changes and modifications,
if any, as may be required or allowed by the eventual Judgment in the art.
717m-1 proceeding authorized by this Resolution.
SECTION 19. This Resolution shall be effective from and after its passage.
PASSED BY THE CITY COUNCIL THIS 29TH DAY OF NOVEMBER, 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
City Attorney, City of Lubbock, Texas
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS $
COUNTY OF LUBBOCK §
CITY OF LUBBOCK ¢
I, the undersigned, City Secretary of the City of Lubbock, Lubbock
County, Texas, DO HEREBY CERTIFY that the above and foregoing is a true and
correct copy of the resolution relating to procedures to be followed in the
sale of $6,450,000 "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES
1980," dated March 1, 1980, passed by the City Council of said City on the
29th day of November, 1979, and duly recorded in the Minutes of said City
Council.
I DO FURTHER CERTIFY that said resolution was passed at a meeting open
to the public and notice of such meeting was given in advance thereof in suc
manner as to be in compliance with the provisions of Article 6252-17, Sectio
3A, V.A.T.C.S.
IN WITNESS WHEREOF, I have hereunto signed my name officially and affix
the seal of said City, this the 29th day of November , 19 79
(City Seal)
/s/ Evelyn Gaff
City Secretary,
City of Lubbock, Texas
IC 0 s 19
79-30-766-1305 Ordinance No. 7970
(49)
Adoption as an emergency measure of ordinance authorizing issuance of City
of Lubbock, Texas, General_Obligation Bonds, Series 1980, the caption of
of said ordinance reading as follows:
"AN ORDINANCE bZ the City Council of the City of Lubbock Texas,
authorizing the issuance of 6,450,000 "CITY OF LUBBOCK TEXAS GENERAL
OBLIGATION BONDS, SERIES 1980," dated March 1 1980 for the purpose
of making permanent public improvements_, to -wit: $5,082,000 for
constructing improvements and extensions to the City's waterworks
system; $800 000 for constructing improvements and extensions to the
City_'s sanitary sewer system; and $568,000 for constructing street
improvements in and for said City, including lighting and signalization;
prescribing the form of the bonds and the form of the interest coupons;
levying a_continuing direct annual ad_ valorem tax on all taxable „property
within the limits of said City to pay the interest on said bonds and to
create a sinking fund for the redemption thereof and providing for the
assessment and collection of such taxes;enactin rovisions incident
and _relating to the subject and purpose of this ordinance; and declaring
an emergency and providing an effective date."
ORDINANCE NO. 7970
AN ORDINANCE by the City Council of the City of Lubbock,
Texas, authorizing the issuance of $6,450,000 "CITY
OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS,
SERIES 1980," dated March 1, 1980, for the purpose of
making permanent public improvements, to wit:
$5,082,000 for constructing improvements and exten-
sions to the City's waterworks system; $800,000 for
constructing improvements and extensions to the City's
sanitary sewer system; and $568,000 for constructing
street improvements in and for said City, including
lighting and signalization; prescribing the form of the
bonds and the form of the interest coupons; levying a
continuing direct annual ad valorem tax on all taxable
property within the limits of said City to pay the interest
on said bonds and to create a sinking fund for the redemp-
tion thereof and providing for the assessment and collect-
ion thereof and providing for the assessment and collec-
tion of such taxes; enacting provisions incident and relat-
ing to the subject and purpose of this ordinance; and
declaring an emergency and providing an effective date.
General Obligation Bonds voted May 21, 1977 for the purpose of waterworks
improvements, sanitary sewer system improvements, street improvements
including lighting and signalization; this request is for consideration of
the 1980 Series Bond Sale in the sum of $6,450,000.
The Water Utilities Division is requesting the sale of $5,882,000 in
sanitary sewer improvements; the water improvements are for a new water
supply project and for the improvement of the existing water system. The
Feasibility Study by Freese and Nichols reflects that the new water supply
will need to be on line by the sumer of 1986. Additionally, improvements
in the Water Treatment Plant should be completed by the summer of 1983 to
meet the peak days for that summer. The sanitary sewer improvement funds
are for the renovation and upgrading of facilities at the Southeast Water
Reclamation Plant, and for extensions into the developing areas. The
Southeast Water REclamation Plant is not in complaince with the state permit
and the Plant will not be in compliance until such time as the two digesters
are completed.
The proposed street improvement funds will be for improvements to major
arterials and the sum requested from the bond sale is $568,000, which will
improve the traffic flow and reduce the points of traffic conflict. One
major area to be considered is University Avenue from 4th Street to 19th
Street.
Appearances: Sam Wahl, Director of Water Utilities
�� Denzel Percifull, Director of Public Services
The gentlemen addressed the Council to explain the proposed improvements
to be funded by the 1980 Bond Sale as follows:
$5,082,000 for improvements in the Water Treatment Plant
$ 100,000 for permit fees on the Post .7usticeburg Water Project
$ 800,000 for sanitary sewer improvements
N O V 2 9 1979
79-3A767-1306
(54)
Denzel Percifull appeared before the Council to report the proposed street
improvements resulting from the 1980 Series Bond Sale, the funds requested
to be used for improvements to major arterials and the number one priority
of improvement of University Avenue between 4th and 19th Streets. The
amount involved is $568,000.
Joe Smith, Bond counselor, appeared and read into the record verbatim
Resolution No. 356 relating to the proceedures to be followed for the 1980
Series, Genergal Obligation Bond Sale. I'
i.
Upon completion of his recitation, the motion was made by Councilwoman
Jordan, seconded by Mayor Pro Tem Henry to pass Resolution No. 356. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay. I
With respect to Ordinance No. 7970 (emergency measure), the motion was made
by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to hear the reading
of this ordinance on an emergency measure. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
Mr. Smith then proceeded to read into the record the Ordinance No. 7970
verbatim authorizing the issuance of $6,450,000 of Series 1980 General
Obligation Bond Sale.
Upon the completion of his recitation, the motion was made by Councilwoman
Jordan, seconded by Councilman Aderton to pass said ordinance on emergency
measure. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
With respect to Agenda Item No. 50, Mr. Smith indicated this matter had
been DELETED from the Agenda and would be considered at a subsequent time
the Notice of Sale is in effect.
Resolution No. 357
A resolution authorizing the Ma or to execute a Nonfinancial Agreement
with South Plains Association of Governments for Public Service Employment.
DGV: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 11
directed to execute for and on behalf of the City of Lubbock a Nonfinancial
Agreement between South Plains Association of Governments and the City of Lubbock,
Texas, for Public Service Employment, a copy of which is attached herewith
which shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by the City Council this 29th day of November ,1979
ATTEST:
/s/ Evelyn Gaffla
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Tom Witt
Tom Witt, Director of Personnel
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City
Attorney
/s/ Dirk West
DIRK WEST, MAYOR
WOT/�-q
SOUTH PLAINS ASSOCIATION OF GOVERNMENTS
NONFINANCIAL AGREEMENT
PUBLIC SERVICE EMPLOYMENT
STATE OF TEXAS X
COUNTY OF LUBBOCK
Section 1. Parties to the Nonfinancial Agreement.
THIS NONFINANCIAL AGREEMENT, made and entered into by and between the
South Plains Association of Governments, hereinafter referred to as SPAG, and
the City of Lubbock, Texas, hereinafter referred to as Employing Agency.
NOW, THEREFORE, IT IS AGREED, by and between the parties as follows:
Section 2. Services to be provided by the Employing Agency.
1. That the Employing Agency will abide by all terms and any and/or all
Department of Labor regulations which are imposed upon SPAG. The Employing
Agency will abide by all subsequent revisions and modifications set forth in
administrative and statutory changes imposed on or by the Department of Labor.
2. The Employing Agency, commencing on the effective date, will perform the
functions set forth in this Nonfinancial Agreement, and subsequent revisions and
modifications of it as negotiated with SPAG and completing said performance no
later than September 30, 1980.
3. The Employing Agency will have proper facilities for the participants
to work in and all equipment, supplies, and materials will be furnished by the
Employing Agency. The Employing Agency shall comply with applicable federal
labor standards pertaining to the worksite or training facility. The Employing
Agency shall not require or permit any participant to work, be trained, or receive
services in buildings or surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health or safety.
4. The Employing Agency will be responsible for time and attendance records
and will be responsible for completion of all timesheets on participants.
5. The Employing Agency shall set wage rates, not to exceed $4.80 per hour.
6. Participants in public service employment shall abide by the personnel
policies of the Employing Agency. In this aspect, the Employing Agency shall have
control over the working hours of the participant.
7. The Employing Agency is responsible for the supervision and control of
the participant.
Section 3. Legal Authority.
The Employing Agency assures and guarantees that it possesses the legal
authority, pursuant to proper, appropriate and official motion, resolution
or action passed or taken giving the Employing Agency legal authority, to enter
into this Nonfinancial Agreement, receive the funds authorized by this Nonfinancial
Agreement and to perform the services the Employing Agency has obligated itself
to perform under this Nonfinancial Agreement.
Section 4. SPAG's Obligations and Liabilities.
1. SPAG, through an Intake Process and the Texas Employment Commission will
certify all participants as eligible to participate in public service employment.
2. SPAG will assure the following services will be delivered:
a. Outreach.
b. Intake Procedure.
c. Orientation.
d. Counseling.
e. Job Development/Job Placement.
f. Supportive Services.
g. Payroll Services.
3. It is understood that the counseling and training activities will be
at the convenience of and with the full cooperation of the Employing Agency.
4. It is expressly understood and agreed by the parties hereto that SPAG's
obligations hereunder are contingent upon actual receipt of adequate funds from
the United States Department of Labor to make payments to the participants under
this Nonfinancial Agreement. Under these aforementioned circumstances, SPAG will
not be legally liable for SPAG's failure to make payments under this Nonfinancial
Agreement. The Employing Agency fully understands and agrees to this provision.
s
NOV � 9 1979
5. SPAG shall not be liable to the Employing Agency for costs incurred or
performances rendered except as are strictly in accordance with the terms of
this Nonfinancial Agreement.
Section 5. Changes and Amendments.
1. Any alterations, additions, or deletions to the terms of this Nonfinancial
Agreement which are required by changes in federal laws or federal regulations
promulgated pursuant thereto are automatically incorporated into this Nonfinancial
Agreement without written amendment hereto and shall go into effect on the II
date designated by the law or regulation.
2. If the Employing Agency cannot conform to the changes required by fl
federal laws or federal regulations promulgated pursuant thereto, then the
Employing Agency shall notify SPAG in writing no later than the effective date
of such law or regulation that it cannot so conform. SPAG shall notify the
Employing Agency of any proposed federal laws or federal regulations promulgated pursuant t
which may affect this Nonfinancial Agreement immediately upon learning of such
proposed law or regulation. The best interests of the participant shall be the
primary consideration in establishing the standards for termination of this �I
Nonfinancial Agreement.
3. Any alterations, additions, and deletions to the terms of this Nonfinancial
Agreement shall be by amendment hereto in writing and executed by both parties hereto
except as may be expressly provided in some other manner by the terms of thin
Nonfinancial Agreement.
Section 6. Termination.
1. Either of the parties hereto shall have the right, in such party's sole
discretion and at such party's sole option, to terminate and bring to an endlall
performances to be rendered under the terms hereof by notifying the other party
in writing of such termination at least 30 days prior to the effective date of
termination.
2. Upon termination of this Nonfinancial Agreement for any reason, the
Employing Agency shall return to SPAG within 30 days after receipt of written
request for return, all records pertaining to this Nonfinancial Agreement and its
programs. The Employing Agency shall return the records in the manner prescribed
by SPAG. Between the date of termination of the Nonfinancial Agreement and the
date of return of the records, the Employing Agency shall protect such records
from damage, loss or destruction.
3. Upon termination or receipt of notice to terminate, whichever occurs
first, the Employing Agency shall cancel, withdraw, or otherwise terminate any outstanding
orders which relate to the performance of this Nonfinancial Agreement,
and shall otherwise cease to incur costs hereunder. In no event shall
SPAG be liable to the Employing Agency for expenses incurred after
the termination date.
Section 7. Termination of Participants.
The Employing Agency shall terminate a participant's enrollment
in its agency in compliance with its own written personnel procedures.
A participant's termination by the Employing Agency does not constitute
termination from the program itself, and such participant shall be
referred back to the SPAG offices for counseling and placement elsewhere.
Section 8. Nonfinancial Agreement Period.
This Nonfinancial Agreement will commence October 1, 1979, and
shall be terminated September 30, 1980.
Section 9. Maintenance of Effort.
The Employing Agency shall not place a participant in its agency
in such a manner that it would result in total or partial displacement
of employed workers by participants employed under the Act, or would
result in an impairment of existing nonfinancial agreements for services.
Section 10. Fringe Benefits.
Each participant in a public service employment shall be assured
of health insurance, unemployment insurance, and other benefits at
the same levels and to the same extent as other temporary employees
of the Employing Agency, and to working conditions and promotional
opportunities neither more nor less favorable than such other employees
similarly employed.
Section 11. Unemployment Insurance.
The costs of unemployment insurance as required by Section 10
above, including any of the costs of any claims filed against the
a
w
IN
#0V M 1979
Employing Agency after a participant has been terminated from the
program, shall be borne by SPAG.
Section 12. Promotional Opportunities.
Promotion of participants shall be the prerogative of SPAG upon
recommendation by the Employing Agency.
Section 13. Worker's Compensation.
1. SPAG shall provide worker's compensation protection to participants
for injury or disease resulting from their participation in any program
activity funded under this Nonfinancial Agreement.
2. Such worker's compensation protection shall be at the same
level and to the same extent as other employees of the Employing Agency
who are covered by a State or industry worker's compensation statute.
Section 14. Administration of Fringe Benefit Programs.
The administration of all fringe benefit programs for participants,
whether or not described herein in detail, shall be by SPAG.
Section 15. Bonding Requirement.
The employing agency assures that each supervisor who distributes
or handles checks shall be covered by a bond in an amount of at least
$25,000.
Section ]6. Signatures.
The Employing Agency also certifies that the information in this Nonfinancial
Agreement is correct to the best of its knowledge and belief and the execution
of
this Nonfinancial Agreement has been duly authorized.
Witness our hands this 29th day of November , 1979.
SPAG:
/s/ Jerry D. Casstevens
Jerry D. Casstevens
Executive Director
ATTEST:
Secretary
CITY OF LUBBOCK:
/s/ Dirk West
Dirk West, Mayor
ATTEST:
/s/ Evel Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Tom Witt
Tom Witt, Director of Personnel
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City
Attorney
The South Plains Association of Governments has been designated to
administer the CETA Program. The proposed Nonfinancial Agreement allows
the City as the employer to continue using CETA workers for various City
operations.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said resolution authorizing the Nonfinancial Agreement with SPAG.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
79-38A-770-1307 Consider Claims against the City.
Claim No. 79-C-343 SHARP, Louis Gene Property Damage --unstated
Claim No. 79-C-330 BELANGER, Stephen B. Personal Injury--$50,344.34
The motion was made by Councilman Aderton, seconded by Councilman McAlister
to DENY the above referenced claims. Motion carried: Mayor West, Mayor
100V�q 1575
- Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
79-3&'1771-1308 Bid #5567 for water items (warehouse stock).
(56) - -
Item No. 1, 2, 3, 6, 8 C & C Municipal Supply
Item
No.
4, 5, 7
Trans -Tex Supply Company I
Odessa, Texas
79-AL771-1309
Bid #5568
for
electric items
(warehouse stock).
(57)
Item
No.
9, 11
Westinghouse Electric Supply Co
Item
No.
10
Nelson Electric Supply Co.
79-38CL771-1310
Bid #5572
for
street lighting
material (warehouse stock).
(58)
Item
No.
2, 7
General Electric Supply Co.
Item
No.
6
Temple, Inc.
Item
No.
1
Southwestern Electric Supply Co.
Item No. 4, 5
Nelson Electric Supply Co.
79-381771-1311 Bid #5542 for magnetic tape unit (Data Processing). (Revenue Sharing Funds)
(59)
Item No. 1 Honeywell Information Systems
Dallas, Texas
79-38OL771-1312 Bid #5565 for sanitarX sewer cleanin a ui went Street Dept.)
(60)
Item No. 1 Environmental Sales & Service,
Inc. Hurst, Texas
Item No. 2
Baker Equipment Company
Edmond, Oklahoma
79-381771-1313 Bid #5578 for front end loader, 4 wheel drive. (Water Reclemation).
(61) (Revenue Sharing Funds)
Low Bidder Associated Supply Company
79-384-771-1314 Bid #5582 for oil storage tank (Street De t.).
(62)
Low Bidder Conley -Lott -Nichols Machinery
Company
79-381771-1315 Bid #5584 for portable air compressor (Water Dept.).
Low Bidder Odessa Welding Supply Co.
79-381771-1316 Bid #5585 for antenna systems (Fire and Police Depts.). (Revenue Sharing
(64) Funds)
Low Bidder Phelps Dodge Communications Co.
79-384771-1317 Bid #5589 for communications buildings,_and authorize same (Radio Shop).
(65) Revenue Sharing Funds).
Low Bidder Lubbock Development Company
79-38'1771-1318 Bid #5591 for envelopes (LP&L Collections).
(66)
Item No. 2 Graham Paper Company
79-384-771-1319 Bid #5566 for steel pole .structures, and authorize same (LP&L Distribution
(67)
Low Bidder Myers Industries
C/O McKinley Sales
Amarillo, Texas
The motion was made by Councilman McAlister, seconded by Counciman Aderton
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.
The Council recessed at approximately 3:15 p.m. for the purpose of holding
an Executive Session and complete discussion of the Work Session agenda
items.
Upon reconvening in the Council Chambers at 5:25 p.m., the following items
were DELETED:
79-384772-1320
(68)
79-38A772-1321
(69)
79-38g772-1322
(70)
}
w
Consider three Appointment to the HOUSING STANDARDS COMMISSION. The terms
of _Joe D._McKay, Ed Napier and John L. Miller expire December 19, 1979.
Consider two appointments to the LUBBOCK CITY -COUNTY LIBRARY BOARD. The
terms of Mrs. Lou Diekemper and Tom Johnson expire 12/31/79.
Consider one appointment to SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION. The
Term of N. P. Holmes expires December 11, 1979.
By Consensus the Council agreed to consider these matters at the December
12, 1979 Regular City Council Meeting.
g0l �.q 1979
(See agenda item no. 52 above with respect to the motion clarifying that item.)
The motion was made at 5:32 p.m. by Councilwoman Jordan, seconded by
Councilman McAlister to adjourn, there being no further business. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
ATTEST:
CITY SECRE ARY-TREAS
READ AND APPROVED THIS THE 12TH DAY OF December 1979.
ATTEST:
CITY SEC TARY--TREAS11M--r
r
i