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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/11/198873 REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 11, 1988 The City Council of the City of Lubbock, Texas met in regular session on the 11th day of February, 1988 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m. Present: Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilwoman Maggie Trejo, Councilman Bob Nash, Councilman George Carpenter, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Absent: Mayor B. C. McMinn and Councilman Gary Phillips. Mayor Pro Tem 8aker called the meeting to order at 9:00 a.m. ( 1.) The Invocation was given by Jim Bertram, Assistant City Manager. 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to approve the Minutes of the January 28, 1988 Regular City Council meeting as written. Motion carried: 5 Yeas; 0 Nays. 88-47A -73-73 ( 4.) Citizen Appearances Mayor Pro Tem Baker announced that, each Council member had been presented with an inscribed gavel by Senator John T. Montford on behalf of the Texas Senate. Board Appointments 88-47A-73-74 5.) ORDINANCE #9168--Assignment pay for Fire Prevention and Training personnel. ORDINANCE #9168 ORDINANCE #9168 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING TO CHAPTER 7 A NEW ARTICLE IV PERTAINING TO ASSIGNMENT PAY FOR CERTAIN MEMBERS OF THE FIRE DEPARTMENT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Nash, seconded by Councilman Patterson to pass on second and final reading Ordinance #9168 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 74 February 11, 1988 88-47A-74-75 ( 6.) ORDINANCE #9164--Zane Case #2612 located of 4th Street approximately 1336' east o Ouitsna)--Reauest of Cablevision of Texas -1 5iDeclTlc Use crowave ORDINANCE #9164 on a t ORDINANCE #9164 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2612; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE PERMIT FOR A MICROWAVE TOWER ON A TRACT OUT OF SECTION 3, BLOCK D-6, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Nash, seconded by Councilman Patterson to pass on second and final reading Ordinance #9164 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A 74-76 { 7.) ORDINANCE #9165--Zone Case #2613 (located northeast of 29th Drive and York Avenue) --Request of Harold Chapman for zoning change C-:3 to C-3 Specific Use commercial athletic field on a tract out of Section 17. Block B. ORDINANCE #9165 ORDINANCE #9165 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2613; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE PERMIT FOR A COMMERCIAL ATHLETIC FIELD ON A TRACT OUT OF SECTION 17, BLOCK B, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Nash, seconded by Councilman Patterson to pass on second and final reading Ordinance #9165 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A-74-77 ( 8.) ORDINANCE #9166--Abandoning and closing a 5' Underground Utility Easement located in Section 22. ORDINANCE #9166 ORDINANCE #9166 AN ORDINANCE ABANDONING AND CLOSING A 5 FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN SECTION 22, BLOCK A, OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 75 February 11, 19E Motion was made by Councilman Nash, seconded by Councilman Patterson to pass on second and final reading Ordinance #9166 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A-75-78 (10.) ORDINANCE #9167--Authorizing the removal of traffic signal at the intersection of15th ' and Avenue L. ORDINANCE #9167 ORDINANCE #9167 AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC SIGNAL AT 15TH STREET AND AVENUE L AND AUTHORIZING THE REMOVAL OF SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL. 88-47A-75-79 ( 9.) Motion was made by Councilman Nash, seconded by Councilman Patterson to pass on second and final reading Ordinance #9167 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9137--Abandoning and closi of a Storm Water Storage and Drainage located in Section 11 Block E-2. ORDINANCE #9137 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STORM WATER STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION 11, BLOCK, E-2, LUBBOCY COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This Ordinance passed first reading on November 12, 1987, the original request being to close 19.83 acres of this storm water storage and drainage easement in the area east: of Quaker and north of 82nd Street, formally known as KFYO, Lots 1-A and 2-A. However, the de►;eloper has decided to piecemeal this abandonment process and close only 1.364 acres of this 19.83 acre tract. The new area will be known as Lots 1, z, and 3, King's Gate North Addition. The legal description in the original Ordinance has been amended to reflect the 1.364 acres instead of the 19.83 acres. The final plat is ready to be filed. Motion was made by Councilman Nash, seconded by Councilman Carpenter passing on second and final reading Ordinance #9137 on recommendation of Staff. Motion carried: 5 Yeas; 0 Nays. 76 THE STATE OF TEXAS R-UT COUNTY OF LUBBOCK Before me franC66 Kernandet a Notary Public in and for Lubbock Co► � of the personaliv appeared pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Eve being by me duly sworn did depose and say that said newspapershas �been npublished than fifty-two weeks prior to the FirsN insert6�2518af6t1 at Lubbock County, Texas No. e ed copy of the LAB I wot iL� is a true co4 of 3 e o iginal was Avalanche -Journal on the following dates: ate.. 1—A. am _AA = following ACCCOnt Ai$n116'1f LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation it,19 Subscribed and sworn to before me this � of I _G r V FORM 58-10^• ._ a n. �• 88-47a-76-80 ORDINANCE i 9168 AN NANCE AMENDINd tHE CODE I0F ORDINANCES OF THE CITY OF LUBBOCK, TEX- AS, BY ADDING TO CHAPTER 7 A NEW ARTICLE IV PERTAIN- ING tO ASSIGNMENT PAY FOR CERTAIN MEMBERS OF THE FIRE DEPARTMENT; PROVID• ING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICA. TIOW ORDINANCE i 9164 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAK- ING THE FOLLOWING CHANGES: ZONE CASE NO.7617; A ION ING CHANGE FROM T TO III SPECIFIC USE PERMIT FOR A MICROWAVq TOWER ON A TRACT OUT ❑ SECTION 3. BLOCK D-& LUBBOCK, TEXAS; PROVIDING A PENALTY; PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA- TION. ORDINANCE a 916S AN ORDINANCE AMENDING IONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAK- ING THE FOLLOWING CHANGES: 20NE CASE NO.2613; A IONING CHANGE, FROM C-3 TO C-3 SPECIFIC USE PERMIT FOR A COMM E RC IAL AT HLETIC FIELD ON A TRACT OUT OF SECTION 17, BLOCK 8, LUB, BOCK, TE�IAS; PROVIDING A PENALTY: PROVIDING A SAV- ING$ CLAUSE AND PROVIDING FOR VU0LICAT'ION. ORDINANCE s "" (13.) Consider Resolution #2740 authorizing the -Mayor to execute Change Order No. 1 to "South Lubbock Drainage Study" (City Contract No. 262 RESOLUTION #2740 RESOLUTION #2740 BE IT RESOLUEO BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Change Order No. 1 granting an extension of time to Project No. 9278 (South Lubbock Drainage Study) thus amending the existing Contract between said City of Lubbock and Albert H. Halff Associates, 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. 11 February 11, 1988 Passed by the City Council this 11th day of February, 1988. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V._ Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney The Engineering Firm of Albert H. Halff and Associates making this Drainage Study, has requested a time extension on Phase II of this Contract. The change requested an Phase II would extend the delivery date of the Draft Report from March 31, 1988 to May 12, 1988, and would extend the date of submission of the Final Report from June 30, 1988 to August 11, 1988. Staff recommended that this change be granted. CHANGE ORDER NO. 1 TO PROJECT NO. 9278 SOUTH LUBBOCK DRAINAGE STUDY TO: Albert H. Halff Associates 4000 Fossil Creek Blvd. Fort Worth, Texas Gentlemen: WHEREAS, it is desirable to make changes in the contract for this project, being namely the following; Extension of time allowed to complete Phass II of the Project. WHEREAS, the Contractor herein agrees to the following change; Change the delivery date of the Draft Report from March 31, 1988 to May 12, 1988, and extend the date for submission of the final report from June 30, 1988 to August 11, 1988. The contract amount of $111,200.00 will not change with this Change Order. THIS AGREEMENT WITNESSETH: The Owner and the Contractor agree to the change shown herein. The Contractor agrees to proceed with study and to adhere to applicable specifications under the direction of the Engineer. Furthermore, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated. W February 11, 1988 IN WITNESS WHEREOF the Owner and the Contractor have hereto set their hands this 11th day of February, 1988. ALBERT H. HALFF ASSOCIATES (ENGINEER) By: /s/ Troy Lynn Lovell, Vice President CITY OF LUBBOCK (OWNER) By: /s/ B. C. McMinn, Mayor Attest: /s/ Ranette Boyd, City Secretary Recommended for approval: /s/ Larry V. Hoffman, Director of Transportation Approved as to form: /s ►]. Worth Fu11_ingim, Assistant City Attorney Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #2740 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A-78-81 (14.) Consider Resolution #2741 authorizing the Mayor to execute a Release of Lien created by Paving Agreement with Resthaven of Lubbock Inc. RESOLUTION #2741 RESOLUTION #2741 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Release of all liens unto Resthaven of Lubbock, Inc., said liens being created by an Agreement dated April 6, 1982 between the said City of Lubbock and Resthaven of Lubbock, Inc., a copy of which respectively was filed in Volume 1781, Pages 169-176 (inclusive) of the Deed Records of Lubbock County, Texas; Volume 811, Pages 378-384 (inclusive) of the Deed of Trust Records of Lubbock County, Texas, and Volume 184, Pages 816-823 (inclusive) of the Mechanic's and 79 February 11, 1988 Materialman's Records of Lubbock County, Texas, and declaring all indebtedness and obligations of Resthaven of Lubbock, Inc. to said City of Lubbock paid and satisfied, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 11th day of February, 1988. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: Isl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: s J. Worth_ Fullingim J. Worth Fullingim, Assistant City Attorney This Release is related to Agreement executed April 6, 1982, between the City of Lubbock and Resthaven of Lubbock, Inc., granting right-of-way on the east side of Frankford Avenue from 19th Street to Loop 289, and further establishing a lien in favor of the City of Lubbock to secure the cost of paving improvements on the east side of Frankford Avenue. Resthaven of Lubbock, Inc., has paid this lien; therefore, this release is in order. Staff recommended approval of this Release. Motion was made by Councilman Carpenter, seconded by Councilman Patterson authorizing Resolution #2741 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A-79-82 (15.) Consider Ordinance #9169 amending Ordinance #9099 regarding Westfork annexation. ORDINANCE #9169 ORDINANCE #9169 AN ORDINANCE AMENDING ORDINANCE NO. 9D99 OF THE CITY OF LUBBDCK, TEXAS, WHICH ANNEXED PROPERTY ADJACENT TO THE CITY OF LUBBOCK, BY CORRECTING CLERICAL ERRORS WITHIN THE METES AND BOUNDS DESCRIPTION CONTAINED WITHIN SAID ORDINANCE TO CORRECTLY REFLECT THE INTENT OF THE CITY COUNCIL AND THE CITY MAP ATTACHED TO ORDINANCE NO. 9099; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. February 11, 1988 When this area was originally surveyed, Hugo Reed and Associates made two descriptions of the western boundary: 1) from east to west, and 2) from the southern intersection of Quaker Avenue. The description of Quaker Avenue heading north did not pick up the west 40` of Quaker and this proposed Amendment will correct the minor metes and bounds error to include the west 40` of Quaker for the extent of the annexed area. This has been discussed with the City Attorneys Staff and will not affect in any way the Justice Department clearance or other matters. Staff recommended approval of this amended Ordinance. Motion was made by Councilman Nash, seconded by Councilman Carpenter to pass on first reading Ordinance #9169 on recommendation of Staff. Motion carried: 5 Yeas; 0 Nays. :� (16.) Consider Ordinance #9170 amending Chapter 14 of the Code of Ordinances regarding Oil and Gas Drilling to allow a Letter of Credit as an alternative to the required Bond andspecifying the required vote to issue permit with less than 100% consent of property owners. ORDINANCE #9170 ORDINANCE #9170 AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTION 14-128 PERTAINING TO REQUIREMENTS FOR BONDS, LETTERS OF CREDIT AND INSURANCE FOR DRILLING AND OPERATION OF OIL AND GAS WELLS; BY AMENDING THE LANGUAGE OF SECTION 14-142, SUBSECTION (c)(3), WITH REGARD TD VOTE REQUIRED TO SECURE PERMIT FOR DIL AND GAS WELL OPERATION WHEN LESS THAN 100 PERCENT WRITTEN CONSENT OF REAL PROPERTY OWNERS IS SECURED; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Western Reserves Oil Company submitted a request that Council consider amending Section 14-128, Bond and Insurance of the Oil and Gas Drilling Code. This request is to allow a Letter of Credit to be used for the same purpose that the Code now requires a bond (to pay fines, penalties, and other assessments for breaching the terms, provisions and conditions of the drilling code -- 14-128). Recent problems in obtaining bonding for the $10,000 guarantee that the Permit will comply with the terms and conditions of the Ordinance and damages to public property prompt the suggestion for addition of a Letter of Credit. Appropriate wording would include "reputable Texas bank or financial institution." Although more expensive to obtain, this alternative would provide flexibility to the applicants during these times when insurance companies have greatly complicated the bonding process. The City Attorneys Office indicated that the City has had trouble collecting several letters of credit for subdivision and/or street improvements, but these are the exceptions rather than the rule. City Attorney John Ross indicated that seldom will a bond pay without litigation and a judgment in favor of the City. ■ February 11, 1988 Dub Bratcher also requested, on behalf of Texland Petroleum, to change the process at 14-142(c)(3) that requires 80% of surface owners within 300' of residentially zoned property to approve in writing before the City Council can consider an Oil and Gas permit. Texland petroleum Company approached the Planning Department regarding a Permit for an injection well on the parking lot at Hillcrest Country Club. The 300' notice and permission requirement was mailed to three surface owners of residential property and one objected, creating a 66% permission. The construction of 1(c) above has been interpreted by Mr. Ross and Mr. Bratcher as not allowing the City Council to approve a Permit regardless of the outcome of a Public Hearing. The original intent for the required 80% approval was patterned after the 20% rule in zoning to trigger a 6/7 vote for approval. The intent was certainly not to deny due process for an Oil and Gas Permit. The Oil and Gas Drilling Code was adopted in 1982 and amended in 1984 to provide for drilling injection wells. The original Ordinance has three items required, among other standards, for approval of wells drilled after May 13, 1982. These are as follows: 1. (a) Permission of owners of residentially zoned property within 300' of the well. (b) Permission of owners of commercially zoned property within 200' of the well. (c) When 100% permission is not obtained, but 80% or more permission is obtained, the City Council may approve on a 6/7 vote. When 100% is not obtained and a Permit is approved, the well shall be landscaped by standards at 14-144(a)(8). 2. Maintenance of landscape materials. 3. Each permission that is required is automatic if a valid lease exists on that property. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on first reading Ordinance #9170 as recommended by Staff to allow a Letter of Credit to be used for the same purpose as the Code now requires a Bond and to amend wording of 14- 142(c)(3) as follows: When the written consent of 50% of real property owners cannot be secured, the City Council may approve a permit in accordance with this article by a concurring vote of 6 members. Motion carried: 5 Yeas; 0 Nays. (16 Reconsidered) ORDINANCE #9170 February 11, 1988 Mr. 6ratcher, at this point, requested Council consideration of an additional amendment to Ordinance #9170 regarding injection wells. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to reconsider Item #16. Motion carried: 5 Yeas; 0 Nays. Mr. Cunningham stated that Mr. 6ratcher's request is with respect to injection well provisions of the Ordinance. When the injection well section was added in 1984, this part he is now asking for was omitted at that time to allow the surface owners significant input. With reference to Vs 1, 2 and 3 in previous discussion, when the Injection Well Section was inserted [14-132(f)] in 1984, the permit process included 1(a), 1(b), 1(c) and 2 above, but part 3 was not included. Mr. 8ratcher stated that under Division II (which is entitled Permits) in the Code, this section is part of the original application process to drill the initial well. The statute provides that you cannot drill closer than 300' to a residence or property zoned as residential. Mr. 6ratcher stated that unless the rule is changed as to injection wells, what will happen is that individual landowners will be treated differently; i.e., there is a property owner and someone wants to drill an oil well within 300' of his house, that section (e) is applicable to him; on the other hand, if someone wants to drill an injection well, that section is not applicable. Mr. 6ratcher asserted that there should be no distinction between the situation of a visible pumpjack, and a site showing nothing. Mr. 8ratcher went on to remind Council that the introductory phrase of that section says: "When written permission is required it will be filed as part of the application.", and he felt that the 1984 Amendment simply omitted part (e). Mr. Cunningham stated that Staff has no serious problems with the requested change, but just want to make sure there is adequate input from the property owner. The Council will hear all permit requests regardless of the percent opposition. Randy Henson confirmed that currently the two types of wells are treated differently and there are two interests in the land: surface ownership and mineral ownership. On an oil and gas well, if the lease is signed for a parcel of land that automatically gives permission of that landowner regardless of whether the surface is held by the same person or not. On an injection well, it was excluded to allow surface owners a greater say. Mr. Henson said that Staff now finds different treatment of situations where a drilling rig is on the site --when it's a producing well versus an injection well. In terms of the impact on adjacent residents, the injection well is far less than the pump jack sitting on the site. Staff wanted Council to discuss whether these should be treated equally or should the deletion of this part regarding injection wells be continued. February 11, 1988 Councilman Carpenter asked if everything would be more desirable in the instance of an injection well, rather than an active oil well. Mr. Henson stated that the well at Hillcrest County Club being discussed will be in the parking lot in a recessed pit, covered by a steel plate. Mr. Henson said the issue is a sensitive one of whether surface owners within 300' control the permit process, or whether mineral rights, owner interests should prevail. Staff recommended the Amendments to the Code discussed above, and further recommended deletion of the landscape automatic requirement (at 1(c) above) since there will be circumstances when the landscape materials are not warranted. Councilman Carpenter stated his opinion that Council should amend that to treat both of them since it is a process of the recovery system and other than the two -week period the drilling rig would be there, it's not offensive, and allows the producers to recover the oil. Motion was made by Councilman Carpenter to make the necessary modifications to Ordinance #9170 to include provisions for injection wells and to modify the ordinance as follows: (1) A Bond or Letter of Credit will be acceptable, (2) In the section outlining injection well permits [14- 132(f)], Section 14-142(e) will be added which states "Each written permission required herein shall be provided as part of the permit application. A valid oil and gas lease shall constitute written permission unless otherwise stipulated in the lease.", and (3) Section 14- 142(c)(3) will be amended to read "When the written consent of fifty (50) percent of real property owners cannot be secured, the City Council may approve a permit in accordance with this article by a concurring vote of six (6) members", and the automatic requirement to landscape a wellsite when 100% approval is not obtained will be deleted (the Council may always require the landscaping in the regular permit hearing process). Councilman Patterson seconded. Motion carried: 5 Yeas; 0 bays. 88-47A- 83-84 (17.) Consider Ordinance #9171 abandoning and closing a portion of 13th Street adjacent to Blocks 72 and 73, Overton Addition. ORDINANCE #9171 ORDINANCE #9171 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 13TH STREET ADJACENT TO BLOCKS 72 AND 73, OVERTON ADDITION TO THE CITY OF LUBBOCK., LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONING AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. First Baptist Church is the proponent requesting this portion of 13th Street to be closed. The location is just south of the First Baptist Church's main buildings between Avenue V and Vernon Avenue. The area to be closed will revert back to a 60' Drainage and Utility Easement, M February 11, 1988 which will avoid the relocation of utilities. A replat has been submitted and the reason for closure is for property expansion and to serve as a means of controlling the traffic through this church crossing area. An appraisal of this area indicates a value of $.63 per square foot. Appraised values were taken from the Appraisal District and the values of adjacent properties which are about $4,000 per lot for an average sized lot of 50' by 127.5'. Since the area to be closed will remain as a Drainage and Utility Easement, the Right -Of -Way Department has valued it at 40% market value. The value then of the area to be closed is: $18,120.96 x $.63 = $11,416.20 $11,416.20 x 40% _ $4,566.48 All utility companies are in agreement since this will remain as an Easement. The Engineering Department has requested that a sawtooth curb be installed to facilitate drainage and serve as a means of controlling traffic through the closed street portion. Motion was made by Councilman Carpenter, seconded by Councilman Patterson passing on first reading Ordinance #9171 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A- 84-85 (18.} Consider Ordinance #9172 abandoning and closing a ortion of 70th Street located in Section 5 Block E. ORDINANCE #9172 ORDINANCE #9172 AN ORDINANCE ABANDONING AND CLOSING A PORTIONS OF 70th STREET LOCATED IN SECTION 5, BLOCK 3, IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINAANCE:; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This portion of 70th Street to be closed is located between Avenue J on the west and the west right-of-way line of I-27 on the east side. This portion of 70th Street is the north part of a cul-de-sac area which is no longer needed since the I-27 routing has opened up this cut -de -sac street. Proponent of this closure is Holiday Inn, Inc. and the area to be closed is 1,118.2 square feet. In exchange for this closure, Holiday Inn is granting the City a 20' Underground Utility Easement along the east edge of the property which they are platting. Staff have been negotiating for this Easement for over one year, and have now come to an agreement. The final plat will be ready to file by second reading. All utility companies are in agreement. e W February 11, 1988 Motion was made by Councilwoman Trejo, seconded by Councilman Patterson passing on first reading Ordinance #9172 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A-85-86 (19.) Consider Resolution #2742 authorizing the Mayor to execute and submit the Urban Homesteading Program_Application and all related documents. RESOLUTION #2742 RESOLUTION #2742 WHEREAS, on January 19, 1988 the Neighborhood Redevelopment Commission of the City of Lubbock reviewed and recommended the Urban Homestead Application to the City Council of the City of Lubbock; and WHEREAS, the purpose of the Urban Homesteading Program is to use existing housing stock to provide homeownership in selected neighborhoods and assisting in their preservation; and WHEREAS, the United States Department of Housing and Urban Development reserves appropriated Section 810 funds to reimburse the Secretary's Mortgage Insurace fund for any authorized federally owned properties which may be turned over to the City's designated Local Urban Homesteading Agency for use in the Lubbock Homestead Program; and WHEREAS, the City of Lubbock is desirous of participating in the U.S. Department of Housing and Urban Development Urban Homesteading Program; and WHEREAS, it is in the best interest of the citizens of the City of Lubbock to apply for the Urban Homesteading Program; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT an Urban Homesteading Application and all related documents are hereby authorized to be filed on behalf of the City of Lubbock with the U.S. Department of Housing and Urban Development. SECTION 2: THAT the Urban Renewal Board of the City of Lubbock be and is hereby designated the Local Urban Homesteading Agency. SECTION 3: THAT the Target Area designated on the attached Urban Homestead Map be and is hereby declared the official Urban Homestead Area for the City of Lubbock. r Me February 11, 1988 SECTION 4: THAT the City Council directs and designates the Mayor as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the City's participation in the Urban Homesteading Program. Passed by the City Council this 11th day of February, 1988. Is1 B.C. McMinn B. C. McMinn, Mayor ATTEST: Is/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is Sandy Ogletree Randy Ogletree, Community Development Administrator APPROVED AS TO FORM: Isl Jaynes P. Brewster James P. Brewster, Civil Trial Attorney The Housing and Community development Act of 1974 authorizes the Urban Homesteading Program. The purpose of the Urban Homesteading Program is to use existing housing stock to provide home ownership and assist in neighborhood preservation. The program provides for the transfer, without payment, to a Local Urban Homesteading Agency (LUHA) of federally owned properties requested by the Local Urban Homesteading Agency for use in a HUD -approved local Urban Homesteading Program. "Homesteader" means an individual or family that participates in a local Urban Homesteading Program by agreeing to rehabilitate and occupy a property in accordance with the requirements of the Program. Statutorily the Program excludes persons from being selected as recipients of property who are currently homeowners. Also, by law the Program gives a special priority to applicants as follows: (1) those whose current housing fails to meet standards of health and safety, including overcrowding; (2) those who currently pay in excess of 30% of their income for shelter; and (3) those who have little prospect of obtaining improved housing within the foreseeable future through means other than home- steading. In addition, it is provided that an agreement between the Homesteader and the local Urban Homesteading Agency shall exist whereby the individual or family to whom a property is conveyed agrees to: 1. Occupy such property as a principal residence for a period of not less than five years. February 11, 1988 2. Repair all defects in the property that pose a substantial and immediate danger to health and safety within one year of the date of initial conveyance. 3. {fake such repairs to the property as may be necessary to meet applicable local standards for decent, safe and sanitary housing within three years after the date of initial conveyance. (The Section 312 Loan Program, created by the Housing Act of 1964, is the financing mechanism being used more across the country by cities implementing homestead programs and the Community Development Staff has the expertise to package these 312 Loan applications.) 4. Permit reasonable periodic inspections by the Staff to determine compliance with the Agreement. Staff recommended that the Urban Renewal Board of Commissioners act as the Local Urban Homesteading Agency. The Urban Renewal Board has reviewed and concurred with the proposal. The application is for $200,000 of Section 810 Funds for homesteading and regulations allow a maximum of $20,000 for a one unit single-family residence. With the funding it was anticipated that 10 to 13 properties will be purchased. An Urban Homesteading area is designated within the City and must be Community Development eligible and have sufficient FHA/VA housing stock to support the Program. The Neighborhood Redevelopment Commission reviewed and endorsed the application at its January 19, 1988 meeting. Motion was made by Councilman Nash, seconded by Councilwoman Trejo to uphold the Neighborhood Redevelopment Commission and authorizing Resolution #2742 as recommended by Staff. {lotion carried: 5 Yeas; 0 Nays. 88-47A-•87--87 (20.) Consider Resolution #2743 authorizing the Mayor to execute a Funding Agreement with Earl Learning Centers of Lubbock. RESOLUTION #2743 RESOLUTION #2743 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: e 4 O February 11, 1988 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 Community Development Funding Agreement/Contract for structure renovations between the City of Lubbock and Early Learning Centers of Lubbock, 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 11th day of February, 1988. /s/ B. C. McMinn B.C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranet:te Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sande Ogletree, Community Development Administrator APPROVED AS TO FORM: /s/ dames P. Brewster Dames P. Brewster, Civil Trial Attorney On October 6, the City Council approved an allocation for $35,400 from the Community Development Contingency Fund to assist with the Early Learning Centers of Lubbock Renovation Project. The funding will finance the costs of completing the renovation and repair of four existing child care facilities. (Renovation was partially financed by the United Way.) The Funding Agreement includes the project budget, timetable, and Community Development guidelines and this Agreement was presented to and approved by the Early Learning Centers Board of Directors. Staff recommended approval of this Funding Agreement. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2743 as recommended by Staff. Motion carried: 5 Yeas; O Nays. 88--4 i'A-88-88 (21.] Consider Ordinance #9173 authorizing the removal of the traffic si nal at the intersection of 15th Street and Texas Avenue. ORDINANCE #9173 ORDINANCE #9173 e February 11, 1988 AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC SIGNAL AT 15TH STREET AND TEXAS AVENUE AND AUTHORIZING THE REMOVAL OF SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL. A study of the traffic volumes at the intersection of 15th Street and Texas Avenue indicates that requirements were not met for the minimum volume for continued operation of a traffic signal. A minimum requirement volume of 500 vehicles per hour on the main street and 200 vehicles per hour on the minor street for each of eight separate hours during the day is needed to justify the signals. The two highest volume hours at this intersection come close to meeting this requirement with 507 and 589 vehicles on Texas Avenue, and 179 and 193 vehicles on 15th Street; however, these types of volumes are not maintained for eight hours per day. On December 28, 1987, the traffic signal was placed on "flash" in order to further study the need for the signal. Since then, there have been two reported accidents that may have been prevented by the signal and Staff received one complaint. However, based upon this information and in accordance with Section 4C-2 of the TMUTCD, Staff recommended that the traffic signal be removed. Motion was made by Councilman Nash, seconded by Councilwoman Trejo to pass on first reading Ordinance #9173 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A-�69-89 (22.) Consider Resolution #2744 authorizing the Mayor to sign an Interlocal Cooperation Agreement for law enforcement purposes with Lubbock County. RESOLUTION #2744 RESOLUTION #2744 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 Interlocal Cooperation Agreement for law enforcement purposes by and between the City of Lubbock and Lubbock County, February 11, 1988 Texas, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 11th day of February, 1988. s B. C. McMinn S.C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Thomas J. Nichols Thomas J. Nichols, Chief of Police APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney In a memo to Council it was reported that on an average of once a week, the Lubbock Police Department receives a request from the Lubbock Sheriff's Office to assist them in law enforcement matters such as family disturbances, burglaries in progress, and fights, and also for the use of the Canine and SWAT units. Prior to November 9, 1985, the police responded out of jurisdiction under the color of cooperative law enforcement efforts. However, due to the Sheriff's Office refusal to enter into a Mutual Aid Agreement, which would provide for clear responsibilities, authority, and liability, this practice was stopped. The Sheriff's Office has now agreed to enter into a Mutual Aid Agreement which provides for liability protection for individual officers and the City of Lubbock and for reimbursements of damaged equipment, travel costs and medical and disability payments. Also provided are clear guidelines as to who may call upon the Police Department for assistance. Councilman Nash asked who decides which calls are "appropriate and necessary". Chief Nichols replied that the Police Department members down to rank of Lieutenant designated on each shift will make these determinations. Motion was made by Councilman Carpenter, seconded by Councilman Patterson authorizing Resolution #2744 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A-90-90 (23.) Consider Resolution #2745 authorizing the Mayor to sign a contract with the Texas Department of Community Affairs for the Energy Crisis Intervention Grant. 91 February 11, 1988 RESOLUTION #2745 RESOLUTION #2745 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 and all related documents during the effective dates of the Contract, by and between the City of Lubbock and the Texas Department of Community Affairs for energy crisis intervention for low income persons, attached herewith, which shall be spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copies herein in detail. Passed by the City Council this 11th day of February, 1988. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Vaughn Hendrie Vaughn Hendrie, Community Relations Director APPROVED AS TO FORM: s Beri'amin Linton Benjamin Linton, Assistant City Attorney The City of Lubbock has received the 1987-88 Contract from the Texas Department of Community Affairs for the Energy Crisis Intervention Program. The Grant provides $26,975, which is $40 more than one year ago. Of this amount, $25,289 or 93.75% will be used for direct assistance to pay utility bills in emergency situations and the remaining $1,686 or 6.25% will cover administrative costs of the Program. Funds will be used to assist the elderly, handicapped and families with pre-school age children who are experiencing some extraordinary crisis that has depleted their resources normally used to pay utility bills. (Such instances include accidents or illness resulting in high medical bills, loss of employment, death or funeral expenses, unusually high utility bills resulting from severe weather, or termination of unemployment compensation. Termination of utility service alone does not constitute an energy crisis.) 92 February 11, 1988 The Community Services Department is required to determine eligibility and arrange for payment of utility bills within 48 hours of application. These funds cannot be used to pay reconnect fees or deposits and if necessary, Project Help money can be used for these expenses. Assistance is available to pay any utility bill, gas, electric, propane or water if a health -threatening condition is involved. State funds can be spent county -wide. Project Help money is spent within the city limits, primarily with City of Lubbock bills. Last year, a total of 226 families were assisted. Staff recommended approval of this Contract. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo authorizing Resolution #2745 on recommendation of Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A- 92-91 (24.) Consider Resolution #2746 authorizing the Mayor to sign a Contract with WorklFamily Elder Directions Inc. for information and referral services. RESOLUTION #2746 RESOLUTION #2746 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 Consultant Agreement by and between the City of Lubbock and Work/Family Elder Directions, Inc. for Elder Care Consultation and Referral, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 11th day of February, 1988. ATTEST: s Ranete Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Sylvia Martinez Sylvia Martinez, Director of Community Services APPROVED AS TO FORM: Is Benjamin L. Linton Benjamin L. Linton, Assistant City Attorney Isl B. C. McMinn B. C. McMINN, MAYOR 93 February 11, 1988 Work/Family Elder Directions, Inc., of Watertown, Massachusetts, provides information and referral services to elderly employees, retirees and spouses of corporate clients. They have contractual arrangements with Information and Referral programs throughout the nation, including some in major Texas cities. The company is offering a Contract to the City of Lubbock Information and Referral Office to provide services to retirees of the IBM Corporation. If this Contract is approved, Information and Referral will receive a start-up fee of $200 by verbal agreement. For each IBM retiree or spouse Information and Referral assists, a $100 fee will be paid by IBM to the City of Lubbock. These funds can be used for any purpose as long as Staff fulfills the contractual requirements. The General Fund allocates approximately $18,000 to the Information and Referral Program. Staff recommended revenues received from this Program up to the General Fund contribution amount be deposited in the General Fund. Revenues exceeding that amount can be deposited in the Community Services Block Grant Fund. IBM employees are informed of the assistance available through Work/Family Elder Directions, Inc. When retirees call an 800-number, they will be directed to an information and referral agency in the community nearest them. When that retiree or spouse calls the City of Lubbock's Information and Referral office, Staff will determine their needs, help them locate available services to meet those needs, and help plan and receive those services. R special form will be used to keep separate records of these clients. This program allows Staff to capture some of the costs associated with referrals Staff would handle regardless of the Contract. It is difficult to estimate the number of calls for assistance, but Staff is confident it will place no additional burden as this office now responds to several thousand similar requests each year. The City Attorney's Office has reviewed the Contract and worked out some agreed changes with the attorney for Work/Family Elder Directions, Inc. The Contract will remain in force from month to month and either party may terminate the Contract with 3D-days notice. Blanket insurance coverage is held by the company and they must give 90-days notice prior to cancellation. R provision for complying with laws of the Commonwealth of Massachusetts has been deleted. Staff recommended approval of this Contract. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2746 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. February 11, 1988 88-47A-94-92 (25.) Consider Resolution #2747 authorizing the to sign an Agreement for the purchase of gas with Mid -Plains Petrochem, Inc. RESOLUTION #2747 RESOLUTION #2747 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 Gas Purchase Contract by and between the City of Lubbock and Mid Plains Petrochem, 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 11th day of February, 1988. Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST,: s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Carroll McDonald Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: /s1 Donald G. Vandiver_ Donald G. Vandiver, First Assistant City Attorney Following through with the plans to purchase a dedicated supply of gas for generator fuel for Lubbock Power and Light, the Staff has negotiated a Contract with Mid Plains Petrochem, Inc., to purchase all the gas that they produce. Mid Plains Petrochem, Inc., is a gathering system in Garza County that gathers casing head gas from oil wells in that area. The City has purchased gas in the past through a Contract with Gas Gathering Systems, Inc. This 20-year Contract calls for LP&L to take up to four million cubic feet of gas per day at a starting price of $2.15 per MCF. There is a 1% escalation per year for the first five years, at which time the gas will reach $2.23 per MCF. After the first five years and for the remaining 15 years, the gas costs will be 15% below our oil weighted average cost of gas from other sources. If LP&L can purchase electric power for less than it costs to generate with gas, LP&L will not be required to purchase the gas under this Contract and Mid Plains Petrochem, Inc., could, in that situation, then sell their gas to other customers. 95 February 11, 1988 This volume of gas is approximately one -seventh of the total estimated annual consumption of Lubbock Power and Light. Staff estimates that the overall annual reduction of the cost of fuel by acquiring this supply is approximately $400,000 per year and recommended approval of this Agreement. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2747 on recommendation of Staff. Motion carried: 5 Yeas; O Nays. 88-47A-95-93 (26.) Consider Resolution #2748 authorizing the Mayor to sign an Agreement and related documents with Power -Tex Joint Venture for the following_ RESOLUTION #2748 RESOLUTION #2748 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 Pipeline Purchase Agreement and Pipeline Operating and Maintenance Agreement and associated documents by and between the City of Lubbock and Power -Tex Joint Venture, 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 Ilth day of February, 1988. /s/ B. C. McMinn B.C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s/ Robert Massengale Robert Massengale, Assistant City Manager for Financial Services APPROVED AS TO FORM: /s Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A. Pipeline Purchase Agreement See Resolution file for original agreement. B. Pipeline Operation and Maintenance_ Agreement See Resolution file for original agreement. In order to assure that the City has total control over this supply of gas, Staff has negotiated the purchase of the pipeline that transports this gas from Garza County at a purchase price of $985,000. gue February 11, 1988 This pipeline was originally constructed to carry carbon dioxide from the carbon dioxide plant adjacent to the Holly Avenue Plant down to the oil wells in Garza County. When Carbon Dioxide Technology closed its operation, they sold the pipeline to Power -Tex and Staff negotiated the purchase from Power -Tex. The estimated cost to build that pipeline and the estimated value at this time is approximately $2.5 million. The pipeline has value mostly to Lubbock Power and Light. Funds for the purchase of this pipeline will come from available operating cash. Staff believes that the acquisition of this gas supply and the acquisition of the pipeline is a major step forward in assuring long-term low cost electricity for the citizens of Lubbock, Texas and therefore recommended approval of the Gas Purchase Contract and the Pipeline Purchase Contract. In the negotiation for the purchase of the gas pipeline to Garza County, Staff also negotiated an Operating Agreement with Power -Tex for general maintenance, inspection, and meter reading. The flat rate for these services is 21 per MCF that is transported through the pipeline. The Contract also provides for special and emergency services that will be performed on a time and charges basis. The term of this Agreement is five years. Staff believes that the Operating Agreement is the best way to operate the pipeline since the City of Lubbock really is not in the business of maintaining gas pipelines. Therefore, Staff recommended approval of the Operating Agreement. Motion was made by Councilman Nash, seconded by Councilman Patterson to authorize Resolution #2748 as recommended by Staff. Motion carried: 5 Yeas; O Nays. 88-47A-96-94 (27.) Consider Ordinance #9174 calling the Regular Municipal Election for May 7 1988. ORDINANCE #9174 ORDINANCE #9174 AN I ORDINANCE ESTABLISHING THE DATE OF THE REGULAR MUNICIPAL ELECTION OF THE CITY OF LUBBOCK FOR THE YEAR; AND REQUIRING ISSUANCE OF AN APPROPRIATE ELECTION ORDER; AND PROVIDING AN EFFECTIVE DATE. Chapter 1, Article IX, Section 7 of the City Charter requires the City Council to set the date of the regular municipal election of the City of Lubbock by ordinance in each even -numbered year and it has been City practice for many years to pass an ordinance early in the year setting the date and requiring issuance of an appropriate election order. This item needs to be completed in time to be included in the pre -submission materials for the U.S. Department of Justice before they are mailed at the end of this month. 97 February 11, 1988 Although the City Council had already established the first Saturday in May as the day for the regular municipal election last fall after the recent changes to the Election Code, Staff felt that it would still be appropriate to place on the agenda the usual ordinance setting the exact day and requiring an Election Order. Staff recommended approval of this Ordinance. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on first reading Ordinance #9174 on recommendation of Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A-97-95 (28.) Consider Ordinance #9175 calling a Special City Charter Amendment Election for May 7, 1988. ORDINANCE #9175 ORDINANCE #9175 ORDINANCE #9175 AN ORDINANCE CALLING FOR SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF LUBBOCK, TEXAS, FOR ADOPTION OR REJECTION, THE FOLLOWING AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF LUBBOCK: 1. AN AMENDMENT TO THOSE SECTIONS OF THE CHARTER REQUIRING AMENDMENT TO CONFORM WITH JUDICIAL DECISION UNDER THE VOTING RIGHTS ACT BY EXPANDING THE COUNCIL TO SEVEN (7) MEMBERS; MAYOR TO BE ELECTED AT LARGE AND COUNCILMEMBERS TO BE ELECTED FROM SINGLE -MEMBER DIS-TRICTS; PROVIDING A TWO (2) YEAR TERM FOR MAYOR AND STAGGERED FOUR (4) YEAR TERMS FOR COUNCILMEMBERS; PROVIDING FOR ELECTION OF A MAYOR PRO TEM BY THE CITY COUNCIL; DEFINING A QUORUM AS FOUR (4) MEMBERS AND REQUIRING THE AFFIRMATIVE VOTE OF FOUR (4) MEMBERS TO AOOPT OR REPEAL ORDINANCES OR RESOLUTIONS; AND PROVIDING PROCEDURES FOR COUNCIL VOTING AND VOTE RECORDATION. 2. AN AMENDMENT TO THOSE SECTIONS OF THE CHARTER REQUIRING AMENDMENT TO CONFORM TO CHANGES IN THE TEXAS ELECTION CODE; SETTING THE DATES FOR THE REGULAR MUNICIPAL ELECTION, CANVASS OF VOTES, AND RUN-OFF ELECTION; REQUIRING A $100.00 FILING FEE OF ALL MUNICIPAL CANDIDATES OR A PETITION IN LIEU THEREOF; PROVIDING PROCEDURES FOR RECALL OF OFFICIALS BY DISTRICTS; REQUIRING CONFORMITY TO STATE LAW IN PETITIONS FOR INITIATIVE, REFERENDUM AND RECALL; PROVIDING TIME FOR CANVASS OF VOTES AND TO DECLARE RESULTS; AND ELIMINATING USE OF INITIATIVE AND REFERENDUM WHERE AN ELECTION IS OTHERWISE PROVIDED BY LAW. 3. AN AMENDMENT TO THOSE SECTIONS OF THE CHARTER SPECIFYING INTEREST RATE LIMITATIONS WITH REGARD TO BONDS, PAVING ASSESSMENTS AND PUBLIC WORKS IMPROVEMENT ASSESSMENTS TO ALLOW SUCH INTEREST RATES AS ARE PROVIDED BY STATE LAW. 4. AN AMENDMENT TO THE CHARTER TO INCREASE THE COMPENSATION OF THE MAYOR FROM $75.00 PER MONTH TO $400.00 PER MONTH AND TO IN- CREASE 'THE COMPENSATION FOR COUNCILMEMBERS FROM $25.00 PER MONTH TO $200.00 PER MONTH. 5. AN AMENDMENT TO CONFORM THE CHARTER TO STATE LAW PROVI- SIONS REQUIRING COMPETITIVE BIDDING PROCEDURES FOR EXPENDITURES EX- CEEDING THE AMOUNT ESTABLISHED BY STATE LAW. 6. AN AMENDMENT TO CONFORM THE CHARTER TO JUDICIAL DECISION THAT NOTICE OF CLAIMS MUST BE FILED WITHIN SIX (6) MONTHS RATHER THAN THIRTY (30) DAYS AFTER THE TIME SUCH CLAIM AROSE. February 11, 1988 7. AN AMENDMENT TO PROVIDE THAT THE CITY COUNCIL MAY APPOINT MEMBERS OF CITY BOARDS AND COMMISSIONS FOR TERMS OF OFFICE OF DP TO FOUR YEARS IN LENGTH. 8. AN AMENDMENT TO CONFORM THE CHARTER TO COMPLY WITH THE TEXAS PROPERTY TAX CODE AND OTHER STATE LAWS WITH REGARD TO TAXATION PROCEDURES; AND ELIMINATING OR CHANGING REFERENCES TO AN ASSESSOR - COLLECTOR OF TAXES; AND TRANSFERRING ANY REMAINING DUTIES OF SUCH OFFICE TO THE CITY MANAGER OR HIS DESIGNEE. 9. AN AMENDMENT CONFORMING THE CHARTER TO THE STATE GOVERN- MENT CODE WITH RESPECT TO THE MUNICIPAL COURT OF RECORD; AND CHANGING ALL REFERENCES TO A CORPORATIDN COURT TO MUNICIPAL COURT OF RECORD; AND CONFORMING PENALTIES PERMISSIBLE IN SUCH COURT TO SUCH PENALTIES AS ARE PERMITTED BY STATE LAW. 10. AN AMENDMENT CORRECTING OR ELIMINATING MINOR INOPERATIVE PROVISIONS AND TYPOGRAPHICAL ERRORS. 11. AN AMENDMENT TO PROVIDE FOR DISQUALIFICATION OF MEMBERS OF THE CITY COUNCIL AND THE ELECTRIC UTILITY BOARD OWNING A SUBSTANTIAL INTEREST AS DEFINED BY STATE LAW IN PUBLIC UTILITY OPERATING WITHIN THE CITY OF LUBBOCK. MAKING PROVISION FOR CONDUCT OF THE ELECTION ACCORDING TO APPLICABLE PROVISIONS OF LAW; PROVIDING FOR NOTICE OF THIS ELECTION BY PUBLICATION OF THIS ORDINANCE; PROVIDING FOR EXECUTION OF AN APPROPRIATE ELECTION ORDER HEREAFTER; AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE HEREOF; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT an election be held on the 7th day of May, 1988, which date is the first authorized uniform election date that is more than thirty (30) days after final passage of this Ordinance, at which election the following propositions to adopt or reject amendments to the existing Charter of the City of Lubbock shall be submitted to the qualified voters for adoption or rejection: PROPOSITION NO. 1 SHALL the Charter of the City of Lubbock as to the City Council be amended as appropriate to comply with judicial decision under the Voting Rights Act, by expanding the City Council to seven (7) members; Mayor to be elected at large and each of six (6) Councilmembers elected from single -member districts; providing a two (2) year term for Mayor and staggered four (4) year terms for Councilmembers; providing for the election of a Mayor pro tempore by the City Council; defining a quorum as four (4) members and requiring an affirmative vote of four (4) members to adopt or repeal ordinances or resolutions, and providing procedures for Council voting and vote recordation? In the event of approval of such proposition the following changes shall be made to the Charter of the City of Lubbock: Chapter 1, Art. IX, §1. Delete the current section text and substitute therefor the fol- lowing text, "The Municipal Gov- ernment of the City of Lubbock shall consist of the City Council, which shall be composed of a Mayor and six (6) Councilmembers." [slue February 11, 1988 Chapter 1, Art. IX, §2. Delete the current section text and substitute therefor the fol- lowing text, "The Mayor shall serve for a term of two (2) years, and each Councilmember shall serve for a term of four (4) years, and until their successors are elected or qualified, unless sooner removed from office as herein provided. Initial terms for Councilmembers from Districts 1, 3 and 5 shall be two (2) years, commencing in 1984, and four (4) years thereafter." Chapter 1, Art. IX, §4. Delete the first sentence and substitute therefor the following text, " The Mayor and each Coun- cilmember shall be a resident citizen of the City of Lubbock and have the qualifications of electors therein. The Mayor and all Councilmembers shall be bona fide residents within the City and within the applicable District at the time of filing for office and must continue to reside within the City and the applicable District during the term of office." Chapter 1, Art. IX, §5. Delete the first paragraph of the current section and substitute therefor the following, "The Councilmembers other than the Mayor shall be elected from geographical districts and shall be designated Councilmember, Districts 1 through 6, each of whom shall be elected to the office sought by a majority of the qualified voters of the ap- propriate District; and the City Council shall be the judge of the election and qualifications of its members. Councilmember Districts shall contain such City Voting Precincts as are assigned to such Districts by Ordinance enacted by the City Council." Chapter 1, Art. IX, §12. Delete the current section text and substitute therefor the fol- lowing, "The members of the City Council shall elect a Mayor pro tempore from among its members and such election shall be held at the first regular meeting of the City Council after newly elected members have qualified and taken their seats on the City Council following a regular municipal election. In the 100 February 11, 1988 Chapter 1, Art. IX, §15. absence or disqualification of the Mayor and the Mayor pro tempore, then the position of Mayor pro tempore shall be occupied by the Councilmember having the most seniority in service on the City Council." Delete the first paragraph of the section and substitute therefor the following, "Any four (4) Councilmembers shall constitute a quorum for the transaction of any business, and the affirmative vote of any four (4) Councilmembers shall be sufficient and necessary to adopt or repeal any ordinance or resolution. The vote upon pas- sage or repeal of any ordinance or resolution small be taken by "Yea" and "Nay" vote, and entered upon the journal. All members of the Council shall vote upon every question, ordinance or resolution, provided that not more than one (1) Councilmember may be excused from voting by a vote of the other six (6) members, which shall be entered upon the journal. Any Councilmember refusing to vote unless so excused shall be entered on the journal as voting in the affirmative." PROPOSITION NO. 2 ;SHALL. the Charter of the City of Lubbock as to election proce- dures be modified as allowed or required by the Texas Election Code, setting the dates for the regular municipal election canvass of votes, and run-off election; requiring from all municipal candidates a $100.00 filing fee or a petition in lieu thereof; providing the contents of such petition; providing procedures for recall of officials by districts; requiring conformity to State law of petitions for initiative, referendum and recall; providing time for canvass of votes and to declare results; and eliminating use of initiative and referendum where an election is otherwise provided by State law? In the event of approval of such proposition the following changer shall be made to the Charter of the City of Lubbock: Chapter 1, Art. IV, §1. Add to the first sentence of the paragraph entitled, "Petition; signatures; affidavit,: the words "and, in addition, such other in- formation as may be required by State law, such as a printed name, voter registration number and date of signing." Add a new paragraph thereto reading: 101 February 11, 1988 "Election provided by State law. In the event that a referendum is provided by State law upon some matter, such as, but not limited to, the issuance of revenue bonds, such law shall supersede the provisions of this Charter pertaining to initiative and referendum and the Charter's provisions shall not be effective." Chapter 1, Art. IV, §2. Remove the second sentence in the paragraph "Petition for recall" and substitute therefor the fol- lowing sentence, "Such petition for the recall of any elective officer or officers shall be signed by at least thirty percent (30%) of the qualified voters of the officer's elective District, to be determined by the number of votes cast in the District at the last regular municipal election; at least one -tenth (1/10) of those signing the petition shall certify that at the election at which the officer or officers was or were elected, they voted for the election of such officer or officers proposed to be recalled. "The district of the Mayor and Municipal Judge, for the purpose of this section, shall be the City at large." Chapter 1, Art. IV, §2. Add to the first sentence of the paragraph entitled, "Signatures on petitions," the words "and, in addition, such other information as may be required by State law, such as a printed name, voter registration number and date of signing." Chapter 1, Art. IX, §5. Delete the paragraph entitled, "Candidates, official ballot," and substitute therefor the following: "Candidates: official ballot: filing fee; petition. Each candidate for City elective office shall request in writing to have his or her name placed upon the official ballot, which request shall be filed along with the appropriate filing fee or a Petition for Candidacy in accordance with the State Election Code with the person exercising the duties of City Secretary at least forty-five (45) days before the upcoming election, unless another filing period is specified by the State Election Code. Candidates for Councilmember shall indicate upon their written request in which district they are seeking 102 February 11, 1988 Chapter 1, Art. IX, §b. Chapter 1, Art. IX, §6A. Chapter 1, Art. IX, §7. election. The filing fee shall be one hundred dollars ($100.00) for all positions or a Petition for Candidacy in lieu of a filing fee which shall be signed by not less than twenty-five (25) qualified voters in the applicable district or one-half of one percent of the total vote received in the district from which the office is elected by all candidates for mayor in the most recent mayoral election whichever is greater. The district of the Mayor and Municipal_ Judge, for the purpose of this section, shall be the City at large." Delete the words "and in any event within five (5) days" and substi-tote therefor the words "and in any event not earlier than the second or later than the sixth day." Delete the words "shall be held on the fourth Tuesday following the preceding election" and "in any event within five (5) days," and substituted for each respective phrase "shall be held not earlier than the 20th day or later than the 30th day after the date of the canvass of election returns for the main election, except that following the regular municipal election in May the run-off election shall be held on the last Saturday in May, unless another day is stated in the order calling the run-off election" and "in any event not earlier than the second day or later than the sixth day." This section shall be amended to read as follows: "Sec. 7. Election day. The regular municipal elec- tion for the election of municipal officers of the City of Lubbock shall be held on the first Saturday of May of every even numbered year or in accordance with the applicable provisions of the State Election Code. PROPOSITION NO. 3 SHALL the Charter of the City of Lubbock be amended to limit interest rates on bonds, paving assessments and public works improvement assessments to such interest rates as are permitted by the laws of the State of Texas? 103 February 11, 1988 In the event of approval of such proposition the following changes shall be made to the Charter of the City of Lubbock: Chapter 1, Art. II, §15. Delete from Paragraph (a), Sub- paragraph "Terms of Payment," the words "at any rate not exceeding eight percent (8%) per annum" and substitute the words "at any rate permitted by the laws of the State of Texas." Chapter 1, Art. II, §19. Delete the words "at the rate not exceeding eight percent (8%) per annum" and substitute therefor the words "at any rate permitted by the laws of the State of Texas." Chapter 1, Art. VIII, §1. Delete the words "to bear interest not to exceed six percent (6%) per annum, payable annually or semi-annually." PROPOSITION NO. 4 SMALL the Charter of the City of Lubbock be amended to increase the compensation of the Mayor from $75.00 per month to $400.00 per month and of Councilmembers from $25.00 per month to $200.00 per month? In the event of approval of such proposition the following change shall be made to the Charter of the City of Lubbock: Chapter 1, Art. IX, §14. In the first sentence, change the words "$900.00 (Nine Hundred) per annum" to "Four Hundred Dollars ($400.00) per month" and change the words $3OO.00 (Three Hundred) per annum" to "Two Hundred Dollars ($2OO.00) per month." PROPOSITION NO. 5 SHALL the Charter of the City of Lubbock be amended to require competitive bidding procedures for expenditures exceeding the amount established by State law? In the event of approval of such proposition the following change !shall be made to the Charter of the City of Lubbock: Chapter 1, Art. IX, §27. Delete the words "Two Thousand Dollars ($2,OOO.00)" and at each place substitute therefor the words "the minimum dollar amount requiring competitive bids by State law." PROPOSITION NO. 5 SHALL the Charter of the City of Lubbock be modified as to con- form with ,judicial decisions so that notice of claims against the City must be filed within six (6) months rather than thirty (30) days of the time such cause of action arose? 104 February 11, 1988 In the event of approval of such proposition the following change shall be made to the Charter of the City of Lubbock: Chapter 1, Art. II, §8. Remove the words "within 30 days" and substitute therefor the words "within six (6) months." PROPOSITION NO. 7 SHALL the Charter of the City of Lubbock be amended to provide that the City Council may appoint members of City Boards and Commis- sions for terms of office up to four (4) years? In the event of approval of such proposition the following change shall be made to the Charter of the City of Lubbock: Chapter 1, Art. IX, §10. Add the following sentence, "The City Council may appoint members of City Boards and Commissions for terms of office up to four (4) years in length." PROPOSITION NO. 8 SHALL the Charter of the City of Lubbock be modified as to taxation procedures as necessitated by State law, to require taxation and finance procedures to comply with the Texas Property Tax Code and other applicable laws eliminating or changing reference to Assessor - Collector of taxes, and transferring any remaining duties of the dis- continued office to the City Manager or his designee? In the event of approval of such proposition the following changes shall be made to the Charter of the City of Lubbock: Chapter 1, Art. VI. Chapter 1, Art. VII. Chapter 1, Art. IX, §10. Chapter 1, Art. IX, §30. Change all reference therein to "Assessor and Collector of Taxes," "Assessor and Collector" and "City Assessor and Collector" to "City Manager or his designee." Except for Section 6 and the first paragraph of Section 7, which shall be renumbered respectively as Sections 1 and 2, delete all current provisions and add thereto a new Section 3, reading as follows: "All procedures pertaining to taxation and finance shall be in accordance with provisions of the Texas Property Tax Code and other applicable State law, ordinances, resolutions and rules of the City Council." Remove the words "the City Tax Collector and Assessor." Delete the words "City Tax Collector." 105 February 11, 1988 PROPOSITION NO. 9 SHALL the Charter of the City of Lubbock be amended to require the Lubbock Municipal Court of Record to operate in conformance with the State Government Code and all other applicable ordinances, resolutions and rules; changing all references to "corporation court" to "municipal court of record;" and increasing the current fines on penal ordinances so as not to exceed the maximum fine permitted by State law? In the event of approval of such proposition the following changes shall be made to the Charter of the City of Lubbock: Chapter 1. (Entire Chapter). Chapter 1, Art. II, §23. Chapter 1, Art. III. (Judicial). Change all references to "corpora-tion court" to "municipal court of record." Delete from the paragraph entitled "Penal Ordinances; penalty" the words "not to exceed two hundred ($200.OD) Dollars" and substitute therefor the words "not to exceed the maximum fine permitted by applicable State law." Delete all current sections and substitute therefor the following sentence, "The governing body of the City of Lubbock may by ordi- nance establish the City's exist- ing municipal courts as municipal courts of record, which courts of record shall operate in conform- ance with all applicable laws, ordinances, resolutions and rules." PROPOSITION NO. 10 SHALL the Charter of the City of Lubbock be amended to correct or eliminate minor inoperative provisions such as, allowing plats to be filed with the City rather than the Mayor; deleting reference to City Marsha's; deleting provisions regulating hours of labor now regulated b;y State and Federal law, and correcting clerical errors? In the event of approval of such proposition the following changes shall be made to the Charter of the City of Lubbock: Chapter 1, Art. 1, §4. Chapter 1, Art. 11, §18. (Franchise limitation) Chapter 1, Art. IV, §1. (Certificate of committee filing with secretary) Chapter 1, Art. IV, §2. (Recall petitions; dis- tribution, etc.) Chapter 1, Art. VI, §4. Chapter 1, Art. IX, §10. The word "Mayor" therein shall be changed to the words "City of Lubbock." Change "results" to "result." Change "their" to "its." Change "City Secreatary" to "City Secretary" and "suck" to "such." Change "their" to "its." Remove the words "City Marshall." 106 February 11, 1988 Chapter 1, Art. IX, §29. Remove Section► 29 and renumber current Sections 30 and 31 as Sections 29 and 30, respectively. PROPOSITION NO. 11 SHALL the Charter of the City of Lubbock be amended to provide for the disqualifications of members of the City Council and the Elec- tric Utility Board owning a substantial interest as defined by State law in a public utility or public service corporation within the City of Lubbock? In the event of approval of such propositions the following change shall be made to the Charter of the City of Lubbock: Chapter 1, Art. IX, §4. Delete from the second sentence the words "nor shall either of them be the owner in any public service utility or public service corporation within the City, nor in the employ of any owner of stock in any public utility or public service corporation" and substitute therefor the following text, "nor shall any member of the City Council or the Electric Utility Board have a substantial interest in any public utility operating within the City of Lubbock, nor be in the employ of any person having a substantial interest in any public utility operating within the City of Lubbock. Substantial interest shall mean substantial interest as defined by the laws of the State of Texas regulating conflicts of interest of officers of municipalities." SECTION 2. THAT said elections shall be held under the provi- sions of and in accordance with the Charter and ordinances of the City of Lubbock, insofar as the same may be applicable, and in accordance with the laws of the State of Texas, and the ballots for said election shall have printed thereon the propositions as stated in Section 1 of this Ordinance, and such propositions shall appear under the following information for voters: "Make a punch hole in the space provided beside the statement indicating the way you desire to vote." SECTION 3. THAT notice of this election shall be published in a newspaper of general circulation published in the community by publication of this Ordinance in its entirety upon the same day in each ❑f two successive weeks, with the first publication occurring before the 14th day before the date of the election. SECTION 4. THAT the said election shall be conducted May 7, 1988, from the hours 7:00 a.m. to 7:00 p.m. Absentee voting shall be conducted at the City Secretary's office during normal working hours at the Lubbock Municipal Building, 1625 13th Street. SECTION 5. THAT an electronic voting system, as the term is definied in the Texas Election Code, shall be utilized in connection with this election. 107 February 11, 1988 SECTION 6. THAT polling places and election officials shall be as is set forth in an appropriate election order to be executed here- after by the Mayor of the City of Lubbock. AND IT IS SO ORDERED. Passed by the City Council on first reading this 11th day of February, 1988. Passed by the City Council on second reading this 25th day of February, 1988. s B. C. McMinn B.C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, Deputy City Manager APPROVED AS TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Texas Election Code requires Charter Amendment Elections to be called by Ordinance not less than 30 days prior to the date of the uniform election date selected for the election. In addition, since the Charter Amendment Election is a "special" election, it must be pre -cleared by the U.S. Department of Justice. This requires passage of the Ordinance on final reading in time to submit it to the Department of Justice at least 6D days prior to the proposed election date (March 3, 1988). Thus, Council needs to pass the Ordinance on second reading by its meeting on February 25. The final version of the Ordinance contains suggested wording changes in the proposed proposition wording. At the last City Council Work Session, some members of the Council expressed some concern that the wording of the propositions as originally proposed would be too unclear to the voting public. In response to those concerns, the City Attorney's Staff and Public Information Office attempted to redraft some of the language. The changes were made in an effort make the actual ballot as clear and concise as possible but to also stay within the legal constraints necessary for Charter Amendment Propositions. Staff recommended approval of this item. Motion was made by Councilman Carpenter, seconded by Councilman Patterson passing on first reading Ordinance #9175 and stipulating that a Special Study Committee promote passage of these Amendments. Motion carried: 5 Yeas; 0 Nays. February 11, 1988 88-47A-108-96 (29.) Consider placing proposed revision to the Council Rules Order of Business and Procedures Manual on a subsequent Council agenda. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to continue this item until a future agenda and instructed Staff make further study and recommendations previous to placing the item on an agenda. Motion carried: 5 Yeas; 0 Nays. 88-47A-108-97 (30.) BID #f9593--Re airs to Holly Avenue Station and authorize same (Electric Production). RESOLUTION #2749 RESOLUTION #2749 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 by and between the City of Lubbock and Young Insulation Group of Amarillo for repairs to Holly Avenue Power Station, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 11th day of February, 1988. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: Is1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: Is1 Harold Willard Harold Willard, Assistant City Attorney Young Insulation Group of Amarillo Motion was made by Councilman Patterson, seconded by Councilman Nash authorizing Resolution #2749. Motion carried: 5 Yeas; 0 Nays. 88-47A-1.08-98 (31.) BID #9621--Eddy current testing, ten chillers and authorize same (_Building Services). RESOLUTION #2750 109 February 11, 1988 RESOLUTION #2750 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 by and between the City of Lubbock and Anthony Mechanical Services, Inc. for Eddy Current Testing, Ten Chillers, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this llth day of February, 1988. B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: Is1 Harold Willard Harold Willard, Assistant City Attorney Anthony Mechanical Services, Inc. Motion was made by Councilman Patterson, seconded by Councilman Nash to authorize Resolution #2750. Motion carried: 5 Yeas; 0 Nays. 88-47A--109-99 (32.) BID #9589--Miscellaneous Water Lab items Water Treatment Laboratory). Cole-Parmer Instrument Co., Chicago, IL--1 laboratory dispenser. Fisher Scientific Co., Plano--1 top loading balance; 1 laboratory vacuum system; 1 total Kjeldahl nitrogen system; 1 spectrophotometer. Motion was made by Councilman Patterson, seconded by Councilman Nash to authorize low bids meeting specifications. Motion carried: 5 Yeas; O Nays. 88-47A--109-100 (33.) BID #9545--Transformer reclassification and disposal, and authorize same (Electric Distribution). RESOLUTION #2751 110 February 11, 1988 RESOLUTION #2751 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 by and between the City of Lubbock and Westinghouse Electric Corporation for Transformer Reclassification and Disposal, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 11th day of February, 1988. B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s Harold Willard Harold Willard, Assistant City Attorney Westinghouse Electric Corp., Dallas Motion was made by Councilman Patterson, seconded by Councilman Nash to authorize Resolution #2751. Motion carried: 5 Yeas; 0 Nays. 88-47A-110-101 (11.} Hold a Public Hearing to consider the request of Texland Petroleum for an Oil and Gas Drilling Permit for a tract located approximately 369' south of the centerline of Loa289 1 980' west of North Guava and 1 930' north of East Erskine. Designation of well is Texland-Lif-Lubheirs #3. 88-47A 110-102 (12.) Consider approval of an Oil and Gas Drilling Permit for Texiand-Lif-Lubheirs #3. Dub Bratcher appeared to speak in favor of this request on behalf of Texiand Petroleum. Assistant City Manager Jim Bertram stated that on January 11, 1988, Staff received an application for a Permit to drill this well and the application is substantially in order. The City III February 11, 1988 of Lubbock has ❑ne-half interest to the mineral rights within the production unit and is the surface owner. The storage site is proposed in conjunction with the well site. The production unit is unitized, contains 40 acres, and has a maximum diagonal of less than 3,000'. Texland proposes earth sludge pits and no landscaping at the well and storage site. The blow-out protector has a minimum rating of 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved dump outside Lubbock County. Access to the drill and storage site is proposed from Loop 289 on private property. SHORT TERM IMPACTS: A minimum of impact is expected for the short term since the area south of Loop 289 is uninhabited and current use is agricultural. The well and storage site is approximately 3,080' north and more than 2,000' west of existing residential. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this Lease is designated open space ❑n the 1986 Comprehensive Land Use Plan. Since little additional development is projected in the immediate area, and the property is owned by the City of Lubbock, few long term negative impacts are anticipated. RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set to 350' or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a depth of 350' to 400'. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first, and if used, the second series of casing shall be in substantial compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Texas for Texland-Lif-Lubheirs #3. There was no opposition to this request. Mayor Pro Tem Baker closed the Public Hearing. 112 February 11, 1988 Councilman Nash Appointments and regular meeting. 88-47A-112-103 (34.) 88-47A-112-104 (35.) 88-47A-112-105 (36.) 88-47A-112-106 (37.) 88-47A-112-107 (38.) Motion was made by Councilman Nash, seconded by Councilman Carpenter approving Oil and Gas Drilling Permit for Texiand-Lif-Lubheirs #3 on recommendation of Staff subject to conditions stated above. Motion carried: 5 Yeas; 0 Nays. left during the work session discussion on Board did not return before adjournment of the Consider one aDDoin Commission to replace Amanda �)p1Kes. mer expires on July 13 1990. ffic Motion was made by Councilwoman Trejo, seconded by Councilman Patterson appointing Elroy Carson to fill the unexpired term of Amanda Spikes (term expires July 13, 1990) on the Citizens Traffic Commission. Motion carried: 4 Yeas; 0 Nays -- Councilman Nash absent from the Chambers. Consider one appointment to the Board of Health. The term of Dr. Ronald Philli s ex ires on February 21, 1988. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson ) appoint Dr. Jack Rudd to replace Dr. Ronald Phillips on the Board of Health. Motion carried: 4 Yeas; 0 Nays -- Councilman Nash absent from the Chambers. Consider one appointment to the Human Relations Commission to replace Yolanda Jimenez who has resigned. Her term expires May 25 1989. Motion was made by Councilwoman Trejo, seconded by Councilman Carpenter appointing Beatrice Narvaiz to fill unexpired term of Yolanda Jimenez (term expires May 28, 1989 on the Human Relations Commission. Motion carried: 4 Yeas; 0 Nays -- Councilman Nash absent from the Chambers. Consider one appointment to the Central Business District Steering Committee to replace Joe Price, who has resigned (Chambers of Commerce representative). Motion was made by Councilwoman Trejo, seconded by Councilman Patterson appointing Jake Webb to replace Joe Price on the Central Business District Steering Committee. Motion carried: 4 Yeas; 0 Nays --Councilman Nash absent from the Chambers. Consider two appointments to the Lubbock Board of City Development. The terms of Dr. Mason Somerville and Marjorie Kastman expired December_ 13, 1987. February 11, 1988 Motion was made by Councilwoman Trejo, seconded by Councilman Carpenter to appoint John Malouf to replace Dr. Mason Sommerville and to hold the appointment of the other position until the February 25, 1988 Council meeting. Motion carried: 4 Yeas; 0 Nays --Councilman Nash absent from the Chambers. There being no further business to come before Council, Mayor Pro Tem Baker adjourned the meeting at 11:00 a.m. r � B C. McMI , MAYOR ATTEST: Rane to Boyd, City Secretary READ AND APPROVED THIS ai;41 DAY OF FEBRUARY, 1988. B. C. McMI N, MAYOR ATTEST: Rane a Boyd, City Secretary TfIE STATE OF TEXAS R-114 COUNTY OF LUBBOCK Before me France& Hernandez a Not.ary Public in and for Lubbock Countv, Texas on this day personally appeared TWI t a Auf i # f s Account_ 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 — Legal Notice No 8258105 at Lubbock County. Texas and the attached print- ed copy of the is a true copy of the original and was printed in the Lubbock Avalanche-.Iournal on the following dates: January 259 1988 — 101 Words 0 .44 = $$4a44 Account manager LUBBOCK AVALANCHE -,JOURNAL Southwestern 'Newspapers Corporation Subscribed and sworn to before me this 25th day of FORM 58-10 r Nbrics NOTICE Is hereby given that a public pearl" Will be held an Feb - nary 11, 19e9 in She City Council Chambers at 16Z Mh Street. Lub• beck, Texas, at 9:30 a.m. to Consid- er the appiicalion of Texland Pe• troleum for an Oil and Gas Ori Ming Permif localed: In Section S, 8fock A, Lubbock County. Texas, the well loco J an u r y "on is proposed approximately 1930 feet north and 19u10 feet - west of the southeast Corner. The well site Is south of Loop 209 and west of North Guava Wl'Lli' Avenue. Storage Is proposed at the well site. F n,onal nflmn align, con. ticfRaddyHenso6li411, Ex. tension 2103. 1 7 R-114 I,y n E■[upfa Pr16m171b 51-4 Ft- Lois Kerxlian THE STATE OF TEXAS �l15t1h( w COUNTY OF LUBBOCK 5'�IWISlniibl Before me-s--r�� uo -„ ; v�� rp}4519 a Notary Public in and far Lubbock Cou personally appeared IS J. Aufi I I * ACcaiint Manaisar la,ema Llano del of the 'i n 5"rdeCristo pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning. Even} °"'O�i�`°a� �11i being by me duly sworn did depose and say that said newspaper has been � ppublished 51257j$It71)Sell '9i�SoInd than fifty-two weeks rior to the first insertion of this — p Legal Notice �"dyLvAaJjA 641 Iefa I74} i No. 82614b at Lubbock Ig4.1647 County. Texas ai ed coy of the I e fa l Notice 1} co . of is a true copy thoriginal and was 1°`a6ppp1e p� 7a °Ib1ipbbol Quaker Avalanche -Journal on the following dates: April 24, 1988 W&" = asps a�rd 11+11 7/15�34N766*1011 Bill F�Sner ' A511 Mj% iul Iq1-750 i rasb{ierla Isiesla P f 75 [vmberland � I7G2 Indiana S y edger Pavia Account Manager ylwlam ��-lm• �'r'"A151h(241 LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Primaria Reese 1 �ycq■fa i6 gayl Ali S1reN jet War AVernial 1 Subscribed and sworn to before me this -----iirV4yv .7 p y7,u of Ap-ri-1 + , L,orCEdwards 19 ulow.lv+ni°» 'I'qF175� Nancy E,drrards °7xo w. lwn [U77 xw-lasx : *pY or,4 yR VulacknAU iC vala >!o SO^• •n Cvard, L 1669E la calle Irece ' itenetle Ba►d : wrelaria Munlda+t FORM 58-10 '+,� or Y�4y � ci"dadde L"°°°CW l R-171Texais 1 •171 / � y{ruini9 LB'N may �4 v-f =1m p " TN'k�Qii �1I NpGf a 7 w{'rangi': 8�38 5 (p,-C C �G t. 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