HomeMy WebLinkAboutMinutes - City Council - Regular - 11/9/1989Page 890
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 1989
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 9th day of November, 1989 in the City Council Chambers, first floor,
City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J.
Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilman
George Carpenter, Councilwoman Maggie Trejo, City Manager Larry J.
Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette
Boyd.
Mayor McMinn called the meeting to order at 10:00 A.M.
1.) The Invocation was given by City Manager Larry J.
Cunningham.
( 2.) The Pledge of Allegiance was given in unison by those
in the Council Chambers.
( 3.) Motion was made by Councilman Patterson seconded by
Councilman Phillips to approve the Minutes of the
October 17, 1989 Special called City Council meeting
and the October 24, 1989 Regular City Council Meeting
as written. Motion carried: 7 Yeas; 0 Nays.
( 4.) Board Appointments
No action taken on this item.
89-48B-890-652
( 5.) Greg Garrison, Chairman of the Lubbock Board of Health.,
will appear to present recommendation concerning
WESTAF.
Greg Garrison, Chairman of the Board of Health,
presented recommendation concerning the request
for funds by WESTAF. He stated that during the
June budget hearing WESTAF requested that the
City Council appropriate $73,600 to hire a WESTAF
Director, administrative assistant, and to
procure sufficient supplies/equipment to operate
as an independent agency. Council referred the
request to the Board of Health for study and
recommendation.
Mr. Garrison chaired a three -member study
committee which evaluated the request. This
committee assessed what services are provided by
primary agencies providing AIDS -related services,
the activity level, areas of duplication and
outstanding needs. Agencies reviewed included:
The City of Lubbock Health Department, the Texas
Department of Health, Catholic Family Services,
Lubbock Mental Health & Mental Retardation, and
WESTAF.
November 9, 1989
Page 891
According to Mr. Garrison, the recommendations
are in keeping both with the Health Plan and the
Expanded Budget Package presented to Council. He
then reported the recommendation as follows:
(1) WESTAF is a viable organization,
providing social and counselling
services not provided by another
agency. However, the Board of Health
recommended that services provided to
WESTAF must be through the City of
Lubbock Health Department, with no
funds going directly to WESTAF, thus
assuring accountability and avoiding
duplication of services.
(2) The Board of Health also recognized
that WESTAF may not be the only AIDS -
related agency needing assistance/
funding; therefore, it is important to
provide a solution that helps WESTAF,
and will address other needs. For this
reason, the Board recommended that a
position be funded within the Health
Department to provide initial
administrative support to WESTAF in
grant -writing and fund solicitation.
This individual would assist WESTAF in
obtaining the funds to establish a
fully -staffed, separate agency and this
individual would also be available to
assist the other AIDS -related
agencies/social service organizations
in these efforts to be responsive to
the AIDS problem.
Mr. Garrison advised that if the recommendation
is approved, the first year costs will be $28,404
(from January 1, 1990 through September 30,
1990); and the second year costs would be
$35,413, including salary, benefits, office
supplies, etc.
Councilman Carpenter stated his position that the
Hospital District should be included in
addressing this problem because the problem is
not only in the City, but also the County and the
Region. Mr. Garrison pointed out that the
subcommittee has considered this fact, but is
also convinced that those within the City must be
provided for, regardless of the degree to which
the County or others are willing to become
involved. Councilman Carpenter reiterated his
request that these other governmental entities be
approached.
Councilman Maloy asked where the recommended
funds could come from, and Staff replied that
this determination had not been made.
It was consensus of Council to hold action on
this item until November 16, 1989 Regular City
Council Meeting to give Staff time to develop a
recommendation for funding.
November 9, 1989
Page 892
89-48B-892'653
( 6.) ORDINANCE #9317--Establishing a 50 MPH speed
limit on University Avenue between South Loo 289
and the south city limits.
ORDINANCE 99317
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF UNIVERSITY AVENUE, AS HEREINAFTER MORE PARTICULARLY DESCRIBED
IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT
THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT;
APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN;
PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance 093I7 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
89-48B-892-654
( 7.) ORDINANCE #9318--7one Case #2437-B (northwest
corner of 82nd Street and Frankford_Ayenue)--
Request of David Go_yette (for._First._Federal) ..for
zoning change from C-2 to C-3 on a tract out of
Section 29,_Block A-K._
ORDINANCE #9318
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2437-B;
A ZONING CHANGE FROM C-2 TO C-3 ZONING ON A TRACT OUT OF SECTION 29, BLOCK
A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATIDN.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9318 as recommended by Staff.
Motion carried: 7 Yeas; 0 Mays.
89-48B--892-65 6
( 8.) ORDINANCE #9316--Abandoningand closing portions
of 84th Street in Section 14, Block E-2, Lubbock
County, Texas
ORDINANCE #9316
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 84TH STREET 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 MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONING AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance 99318 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
89-48B-892-656
9.) Consider Resolution 3240 accepting paving improvements
constructed by J.T. Roberson Dirt and Paving Contractor
in Tract -"A", -Acuff Heights Addition.
RESOLUTION #3240
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED
BELOW:
November 9, 1989
Page 893
WHEREAS, in conformance with the paving requirement provisions of
City Ordinance 1331, the subdivider of Acuff Heights Addition, Tract "A"
made arrangements with J. T. Roberson, Dirt & Paving Contractor for the
construction of paving improvements on a certain street dedicated in said
subdivision under the provisions ❑f said Ordinance prior to the recording
of the subdivision plat of the above mentioned addition including the
following street:
Texas Avenue street stub removal on south side of 3rd street
known as Unit No. 2033-73; 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; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the above
mentioned street be and the same are hereby accepted and the City Engineer
be and he is hereby authorized to release escrow money in the amount of
$1,005.00.
SECTION 2. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 9th day of November, 1989.
ATTEST:
s Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Lar•ry Hertel
Larry Hertel, City Engineer
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
CONSOLIDATED FINAL PAVING ESTIMATE
ACUFF HEIGHTS ADDITION
Tract "A"
2033-73 Texas Avenue Street Stub Removal on South Side of 3rd Street.
78.54 L.F. of Curb and Gutter Removal
130.76 S.Y. Paving and Base Removal LUMP SUM CONTRACT
86.00 L.F. Curb and Gutter Construction
COST
Construction Cost Developer Cost City Escrow Account
$1,005.00 $1,005.00 $1,005.00*
*Deposited in City Escrow Account in lieu of Bond and Bank Letter and shall
be retuirned to Developer subsequent to acceptance by City Council.
This is a routine acceptance of paving improvements
required at the time of platting. The work consists of
removal of a paving stub and replacement of curb and
gutter across a closed portion of Texas Avenue south of
3rd Street. No City cost is due the contractor and
Escrow money in the amount of $1,005, which was used as
November 9, 1989
Page 894
69-48B-894 1 60
(10.)
a band, will be released upon acceptance. Staff
recommends approval.
Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo to authorize Resolution #3240 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
RESOLUTION #3241
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR
AVENUES AS LISTED BELOW:
WHEREAS, the City of Lubbock heretofore entered into Contract with
Rhode Construction Company for the making of street improvements on
portions of streets and/or avenues in said City including among others the
following:
34th Street and Quaker Avenue Concrete Intersection Construction
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 terms of said Contract, Project
No. 9402; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portion of 34th Street and
Quaker Avenue BE and the same are hereby accepted and the City Engineer BE
and he is hereby authorized to direct the final payment to the contractor
in the amount of $16,015.12.
".SECTION 2. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 9th day of November, 1989.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsJ Larry Hertel
Larry Hertel, City Engineer
MONTHLY ESTIMATE FILED WITH RESOLUTION
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/sZ J. Worth Fullingin
J. Worth Fullingim, Assistant
City Attorney
This is a routine acceptance of the reconstruction of
the intersection of 34th Street and Quaker Avenue with
concrete. The original contract amount was $316,767.18
and the final contract cost is $316,679.19.
Final payment in the amount of $16,015.12 will be due
to the contractor upon acceptance. Staff recommended
approval.
November 9, 1989
Page 895
89-48B-895-658
i11•f
Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo to authorize Resolution 43241 as
recommended by Staff. Motion carried: l Yeas; 0 Nays.
RESOLUTION #3242
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an "Agreement
to Contribute Funds (City Form Pass Project)" for Lubbock County, Project
No. CRP 90(1), CSJ No. 8015-5-2 for Slide Road from 19th Street (SH 114) to
29th Drive in the City of Lubbock, Lubbock County, Texas, said agreement to
be entered into by and between said City and the Texas State Department of
Highways and Public Transportation, attached herewith, which shall be
spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 9th day of November., 1989.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zsl Larry D. Hertel
Larry D. Hertel, City Engineer
s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Js/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
AGREEMENT TO CONTRIBUTE FUNDS
(City Form - PASS Project)
THE STATE OF TEXAS County: Lubbock
Project No.: CRP 90(1)
COUNTY OF TRAVIS CSJ No.: 8015-5-2
This agreement by and between the State of Texas, acting by and through the
State Department of Highways and Public Transportation, hereinafter called
the State, and Lubbock, Texas acting by and through its duly authorized
officials under Resolution dated 9th day of November, I989, h^reinafter
called the City, shall be effective on the date of approval and execution
by and on behalf of the State.
WHEREAS, the State and the City desire to enter into contractual agreements
and acquire right of way on the following projects:
Highway: PASS (Slide Rd.)
Limits: From 19th Street (SH 114) to 29th Drive; and
WHEREAS, the City has now requested that the State assume responsibility
for acquisition of all necessary right of way; and,
WHEREAS, the City desires to voluntarily contribute to the State funds,
equal to 50 percent of the cost of the right of way, for the proper
development and construction of the State Highway System.
November 9, 1989
Page 896
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
benefits to be derived therefrom, the City shall contribute to the State an
amount equal to 50 percent of the cost of the right of way to be acquired
by the State and shall transmit to the State with the return of this
agreement, executed by the City, a warrant or check payable to the State
Department of Highways and Public Transportation in the amount of Eighty-
eight Thousand and no/100 Dollars ($88,000.00), however, if it is found
that this amount is insufficient to pay the City's obligation, then the
City, upon request of the State, will forthwith supplement this amount in
such amount as requested by the State. The City will be given full credit
based upon the State's determined value, up to the amount of their right of
wya obligation, for all right of way parcels acquired in the name of the
State by donation or wit6^pit cost after the effective date of this
contract. Upon completion of the project and in the event the amount paid
and or credited is more than the City's right of way obligation then any
excess amount previously paid by the City will be returned to the City.
Cost of the right of way acquired by the State shall mean the total value
of compensation to owners for their property interest either by negotiation
or eminent domain.
This agreement is approved and executed on behalf of the State this
day of � 1989.
City of Lubbock, Texas
By: /s/ R. C. McMinn
MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
s/..0.. Wo t _Ful in m
U. , AsSistant
City Attorney
1 �3 �+i�Y 1�l [�7 ►1:� �K�] a J. u l � ►! �l �
DISTRICT ENGINEER
THE STATE DF TEXAS
Certified as being executed for the
purpose and effect of activating and/or
carrying out the orders, established
policies, or work programs heretofore
approved and authorized by the State
Highways and Public Transportation
Commission under the authority of
of Minute Order
By:
Date
This Agreement provides for the State to acquire
necessary right-of-way for this project as requested by
the City.
The City is required to contribute 50% of the estimated
right-of-way cost ($88,000) in conformance with State
Minute Order approved by the City Council on September
28, 1989.
The City's final cost will be adjusted upon
determination of the actual cost of acquisition and
participation of $100,000 is currently budgeted for
this project. Staff recommended approval.
Motion was made by Councilman Carpenter, seconded by
Councilwoman Trejo to authorize Resolution #3242 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
89-48B-896-E59
(12.) Consider Resolution #3243 authorizing the Mayor to sign
a Street -Use License for an underground pedestrian and
service tunnel with St. Mary's Hospital.
November 9, 1989
Page 897
RESOLUTION #3243
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 Street Use
License Agreement with Saint Mary of the Plains Hospital and Rehabilitation
Center, attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and
be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 9th day of November. 1989.
ATTEST:
1sl Ranette Boyd
Ranette Boyd, City Secretary
APPROVE? AS TO CONTENT:
ZsZ Ed Buc.y
Ed Bucy, Right -of -Way Agent
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Isl B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
STREET USE LICENSE
This indenture made this 9th day of November, 1989, being the date of
this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and SAINT MARY OF THE PLAINS HOSPITAL AND REHABILITATION
CENTER, Lubbock County, Texas, hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF
LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license
to use a portion of dedicated street for an underground pedestrian and
service tunnel, to -wit:
A 15 foot strip of land crossing 22nd Place (a public right-of-way)
from Tract "B-2", a replat of Tract B, Williams Subdivision to the
City of Lubbock, to Lot "A", Saint Mary's Addition to the City of
Lubbock, Lubbock County, Texas, being further described as follows:
BEGINNING at a point which bears West 24.75 feet from the original
Southeast corner of Tract B-2, Williams Subdivision, to the City of
Lubbock, Lubbock County, Texas;
THENCE South a distance of 60.00 feet;
THENCE west a distance of 15.00 feet;
THENCE North a distance of 60.00 feet;
THENCE East a distance of 15.00 feet to the POINT OF BEGINNING.
The term of this grant shall be for five (5) years from date hereof,
and shall be automatically extended for successive five (5) year terms not
to exceed twenty (20) years in any event unless either party shall give
written notice of termination to the other party before the expiration of
the first, second or third five (5) year term, as the case may be, and the
CITY OF LUBBOCK retains the right at its election to cancel and revoke this
license with or without cause, upon notice to LICENSEE. Said notice shall
be deemed properly served if deposited in the post office, postage paid,
November 9, 1989
Page 898
addressed to LICENSEE at 4000 24th Street, Lubbock, Texas 79410, or the
last known address of LICENSEE.
Upon the expiration or cancellation and revocation of this license by
the CITY OF LUBBOCK, or the abandonment of the license by the LICENSEE, the
improvements that are permitted under this license shall be removed by the
LICENSEE and the property shall be restored to its original condition at no
cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or
refuses to remove such improvements after demand by the CITY OF LUBBOCK,
the CITY OF LUBBOCK shall take possession and remove or cause to be removed
such improvements, and the expense incurred shall be assessed against
LICENSEE, for which LICENSEE shall be liable.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for
such grant the sum of ONE THOUSAND EIGHT HUNDRED NINETY AND NO/100
($1,890.00) DOLLARS cash in advance contemporaneously with the acceptance
and execution hereof by LICENSEE for the first five (5) year term of this
license, and thereafter such rate of compensation may be changed for each
succeeding five (5) year term by the CITY OF LUBBOCK to a rate of
compensation which is based on procedures and policies as established by
the City Council of the CITY OF LUBBOCK, based on an appraisal of the fair
market value of such land by the Right -of -Way Department of the CITY OF
LUBBOCK, as applied to the formula for determining such rate established by
the City Council. If such rate is not changed by the CITY OF LUBBOCK, the
rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK
shall notify the LICENSEE of any change in rates in writing before the
start of the five (5) year term to which such change in rate shall apply,
and if such notification is not made, then the rate for the preceding five
(5) year term shall apply.
2. The LICENSEE agrees to pay all costs arising out of the
exercise of this license herein granted including, but not limited to, the
replacement and repairing of paving, sidewalks and utilities of any nature
occasioned by the construction as authorized by this license.
3. In the event the CITY OF LUBBOCK determines that the existence
of such use interferes with or causes the rerouting or realignment of any
public utility, franchised utility or sanitary or storm sewer line
constructed or to be constructed by the CITY OF LUBBOCK or franchised
utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility,
as the case may be, for its expense in relocating or rerouting over and
above the expense which would have been incurred except for LICENSEE'S use
herein„
4. This license is not transferable by the LICENSEE without first
receiviing the written consent of the City Manager of the CITY OF LUBBOCK.
5. This license is made subject to the condition that should the
LICENSEE: exercise any right under the license herein granted and prepare or
begin or complete any part of the construction as herein contemplated
across any or all of the above described property, then and in that event
said LICENSEE, its successors and assigns, will at all times defend,
indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and
employs►es harmless from any and all claims, demands, actions, causes of
action, suits at law or in equity of whatsoever kind or nature which may
grow out of or be related to the making of this license or the construction
or maintenance and use permitted herein. The CITY OF LUBBOCK, at its
option, may require an agreement with any contractors hired by LICENSEE to
perform the construction, repair or maintenance permitted herein, which
agreement will indemnify the CITY OF LUBBOCK from and against all claims,
liability, cost and expense growing out of the performance of the work to
be done by such contractors. The CITY OF LUBBOCK may further require any
of said contractors, when engaged in the construction, repair or
maintenance permitted herein, to furnish, without expense to the CITY OF
LUBBOCK;, a reliable surety bond, in an amount and in a form satisfactory to
the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the
terms, covenants and conditions contained in said agreement, and a
certified copy of a policy of public liability insurance assumed by said
contractors in said agreement with the CITY OF LUBBOCK. The CITY OF
LUBBOCK, agrees to give notice to LICENSEE prior to incurring any costs or
November 9, 1989
Page 899
expenses or the payment of any such claims or demands in order to give
LICENSEE a reasonable opportunity to settle or adjust the same.
6. LICENSEE agrees and is required to furnish a policy of public
liability and property damage insurance within limits specified by, and in
a form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which
names the CITY OF LUBBOCK as the insured, said policy covering the uses
herein granted.
7. All of the covenants and provisions of this license shall be
binding upon and inure to the benefit of the successors, legal
representatives, assigns and the duly authorized agents and contractors of
the parties hereto to the same extent and effect as the same are binding
upon and inure to the benefit of the parties hereto, but no assignment
hereof by the LICENSEE, its successors or assigns, shall be binding upon
the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each
instance, except as specified in numbered paragraph four (4).
S. LICENSEE, by the acceptance of the uses permitted herein,
understands and agrees that no interest, title or rights of possession are
intended or implied except those expressly set forth herein, and LICENSEE
waives any and all claims in and to the public way it is permitted to use
hereby and agrees to give peaceful possession of said property covered
herein upon termination or cancellation of this license.
CITY OF LUBBOCK
BY:/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST;:
IsZ Rariette Boyd
Ranette Boyd, City Secretary
AGREED TO AND ACCEPTED this day of
APPROVED AS TO CONTENT:
/s/ Ed Bucy,
Ed Bucy, Right-of-way Agent
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant
City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
, 1989.
SAINT MARY OF THE PLAINS HOSPITAL
AND REHABILITATION CENTER
IN
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared B. C. McMINN, MAYOR, known
to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same as the act and deed of the
CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein
expressed and in the capacity herein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of November,
1989.
November 9, 1989
Page 900
/s/ Olivia R. Solis
Notary Public, Lubbock
My Commission Expires:
THE STATE OF TEXAS
COUNTY OF LUBBOCK
County, Texas
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared ,
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 SAINT MARY OF THE PLAINS HOSPITAL AND
REHABILITATION CENTER.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
1989.
day of
Notary Public, Lubbock County, Texas
My Commission Expires:
Proponent of this license is Joe McKay, Architect for
St. Mary's Hospital. This License is for a 15'x 50'
underground pedestrian/service tunnel beneath 22nd
Place, approximately 300' west of Nashville Avenue to
connect the main hospital on the south with the
Rehabilitation Center on the north. Area to be
utilized is 900 square feet, and the Appraisal District
value is $7.00 per square foot. Using this square foot
price and applying it to the street -use license formula
for an underground license, the yearly fee is as
follows:
10% of 601 of market value or 10% of 60% of $6,300
($7.00 x 900) _ $378. The first five-year term cost of
the License to St. Mary's will be $1,890.
The $150 application fee has been paid and all utility
comments have been returned and will be forwarded to
the tunnel contractor so he can contact the utility
companies to ascertain location of their lines. The
Right -Of -Way Department supports this License, and
Staff recommended approval.
Motion was made by Mayor Pro Tem Baker, seconded by
Councilman Patterson, to authorize Resolution #3243 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
89-488-900--660
(13.) Consider Resolution 03244 authorizing acceptance of
water and sewer improvements for Lots 5-A and 7-A,
King's Gate North Addition.
RESOLUTION #3244
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS
5-A AND 7-A, KING'S GATE NORTH ADDITION TO THE CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS.
WHEREAS, the developer of Lots 5-A and 7-A, King's Gate North
Addition has complied with the provision of the City of Lubbock Code of
Ordinances, Chapter 28, Article IV, by providing the water and sewer
improvements for said Addition in accordance with paragraph 156 of said
Chapter 28, and
WHEREAS, the total utility cost to the developer is $21,302.15 with
the improvements constructed by Craft Contracting Corporation having a
November 9, 1989
Page 901
value of $20,126.57 as determined by the unit prices established by said
Chapter 28, and $1,175.58 cash paid to the City, with Graco Real Estate
Development, the developer to receive a refund of $8,111.74 in accordance
with Chapter 28 of the Code of Ordinances of the City of Lubbock and a
refund of deposit in the amount of $0.00, and
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the water Utilities Engineer and
completed in accordance with the City of Lubbock's plans and
specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 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.
SECTION 2. THAT the refundable cost in the amount of $8,111.74 be
made in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00,
SECTION 4. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 9th day of November, 1989.
ATTEST;:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Wilford D. Watson
Wilford D. Watson, Chief Engineer
for Water Utilities
89-488-901-661
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM
/s/ J, Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
subdivision regulations. The total cost of the
improvements is $21,302,15 including value of
construction costs of $20,126.57 and $1,175.58 cash
paid to the City. Lots 5-A and 7-A are a replat of
Lots 5 and 7, King's Gate North Addition. Graco Real
Estate Development, the developer, will receive a
refund of $8,111.74 in accordance with Chapter 28 of
the City of Lubbock Code.
Staff recommended acceptance of these improvements.
Motion was made by Councilwoman Trejo, seconded by
Councilman Phillips, to authorize Resolution #3244 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
(14.) Consider Resolution #3245 casting votes for candidates
for the Lubbock Central A raisal istrict Board.
RESOLUTION #3245
WHEREAS, there has been enacted in the State of Texas a Property Tax
Code, V.A.C.S., relating to the ad valorem taxation of property; and
WHEREAS, the Property Tax Code, V.A.C.S., authorizes the establish-
ment of appraisal districts to be governed by a Board of Directors; and
November 9, 1989
Page 902
WHEREAS, the City of Lubbock is a taxing unit within the District
entitled to cast votes for the election of persons to the Board of Direc-
tors of the District; and
WHEREAS, the City of Lubbock is desirous of casting its votes for the
election of persons to constitute the Board of Directors; and
WHEREAS, the Lubbock Central Appraisal District has prepared a ballot
of candidates for the Board of Directors and has determined that the City
of Lubbock is entitled to cast 1750 votes in the election of the District's
Board of Directors; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the 1750 votes of the City of Lubbock are cast for
the candidates for the Lubbock Central Appraisal District Board of Direc-
tors as follows:
NAME NO. OF VOTES
Criswell, W.B.
213
Faulkner, Aubrey
900
Forbess, Giles M.
212
Pirkle, Phil
213
Spikes, Richard
212
TOTAL VOTES CAST; 1750
SECTION 2. THAT a copy of this Resolution BE submitted to the
Lubbock Central Appraisal District before November 14, 1989, in order that
the votes of the City of Lubbock may be counted.
Passed by the City Council this 9th day of November, 1989.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Is/ Robert Massengale /sZ Donald G. Vandiver
Robert Massengale, Assistant City Donald G. Vandiver, First
Manager for Financial Services Assistant City Attorney
The Lubbock Central Appraisal District Board of
Directors is elected by the taxing jurisdictions within
the County, and a total of 5,000 votes that can be
cast. Votes are allocated to the taxing jurisdictions
based on total tax levy.
The candidates are as follows:
Criswell, W.B.
Faulkner, Aubrey
Forbess, Giles M. (Buddy)
Pirkle, Phillip W. (Phil)
Spikes, Richard C.
In October of this year, the City Council by Resolution
43226 nominated all the current members for re-
election.
Aubrey Faulkner is considered to be the City's
representative, and Staff recommended that sufficient
votes be cast for Mr. Faulkner to guarantee his
November 9, 1989
Page 903
election and that the remainder of the votes be
distributed evenly among the other nominees as follows:
Aubrey Faulkner 900
W.B. Criswell 213
Buddy Forbess 212
Phil Pirkle 213
Richard Spikes 212
Motion was made by Councilman Carpenter, seconded by
Councilman Maloy, to authorize Resolution #3245 casting
the City of Lubbock votes as follows:
Aubrey Faulkner 900
W.B. Criswell 213
Buddy Forbess 212
Phil Pirkle 213
Richard Spikes 212
Motion carried: 7 Yeas; 0 Nays.
89-48B-903-66a,-
(16.) BID #10388--Ice control salt (Streets Department).
United Salt Corporation, Houston-450 Tn. Ice Control
Salt.
Motion was made by Councilman Carpenter, seconded by
Countilman Patterson, to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
89-48B-903- 663
(17.) BID #10412--Conduit and wire (Central Warehouse).
Southwestern Electric Supply--60 ea. 5"-90D Rigid EII.
Fields & Co.--4,000' #2 Copper; 600 Volt.
Cummins Supply--30 ea. 2-way Optical Assembly; Lot
Price: Items 8,9,10.
Nelson Electric Supply --Lot Price: Items 1,2,3,4,5,7.
Motion was made by Councilman Carpenter, seconded by
Councilman Patterson, to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
89-48B-903-664
(18.) BID #10416--Water Main Items (Central Warehouse).
Moore Supply Co.--4 ea. 18" Extension; 500"-2"
Galvanized Pipe; 1 ea. 8" 45D Flanged Bend; 5 ea. 8"
45D MJ Bend; 2 ea. 6" 90D Flanged Bend; 10 ea. 6" 90D
MJ Bend; 6 ea. 6x6 MJ Tee; 3 ea. 4" 90D Flanged Bend;
100 ea. 2 piece valve box; 3 ea. 3" Dezurik Plug Valve.
Fields & Co.--1200' 1" Type K Soft Pipe; 200' 4" SDR35
Sewer Pipe
Rohan Co.--8 ea. Hoze Nozzle; 23 ea. 6" Uniflange
Adaptor.
Western Industrial Supply--4 ea. 10" Cuttin Dresser
Coupling; 50 ea. 2" Corp. Stop; 4 ea. 4" MJxFlg Gate
November 9, 1989
Page 904
Valve; 4 ea. 6" MJxFlg Gate Valve; 16 ea. 6" MJ Tapping
Valve.
Motion was made by Councilman Carpenter, seconded by
Councilman Patterson, to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays,
89-48B-904- 6E5
(19.) BID #3 391--Tr ks Garage).
Gene Messer Ford, Inc.--3 ea. 50,000 lb. GVWR Cab 8
Chasis Per Spec 609; 1 ea. 14,500 GVWR Cab 6 Chasis Per
Spec 507.
South Plains Int. Trucks--1 ea. 21,000 lb. GVWR Cab 8
Chasis Per Spec 601; 10 ea. Motor Truck Cab & Chasis
Per Spec 608; 4 ea. 25,000 lb. GVWR Crew Dab 8 Chasis
Per Spec 611; 1 ea. 25,000 lb. GVWR Cab & chasis per
spec 617.
West Texas Truck Center--1 ea. 28,000 lb. GVWR Cab &
Chasis Per Spec 618.
Pak Mor Mfg. Co.--10 ea. 30 COY. Side Loading Packer
Body Per Spec 801.
Motion was made by Councilman Carpenter, seconded by
Councilman Patterson, to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
89-48B-904-666
(20.) BID #10413 is ellapeous Electric Utility Items
(Central Warehouse).
Nelson Electric Supply--24 ea. Airseal Connectors; 50
ea. 5/16" Strandlink; Lot Prices: Items 9, 10.
Temple, Inc.--250 ea. No. 4 ACSR Tie Aire; 50 ea. 4/0
Aluminum Compression Terminal; 150 ea. No. 2 Copper
Sleeve; 50 ea. 6" Identifying Tape; 200 ea. 1/2" Guy
Grip.
Cummins Supply--200 ea. No. 4/0 ACSR Tie Wire; 75 ea.
24" Cross Anchor; 100 ea. 4-Way Pole Band
Central Moloney--300 ea. 1,000 Watt Photo Electric
Control; 50 ea. Photo Control Base.
Motion was made by Councilman Carpenter, seconded by
Councilman Patterson, to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
89-48B-904- 667
(15.) Hold .an Executive Session to discuss
litigation --Water Uttliti —s.
(21.) Hold an Executivj Session to discuss personnel gLatters
regarding duties and apgointmgpts o:
Community Justice Council
Board of City Development
November 9, 1989
Page 905
89-48B-905- 668
(22.) Consider one a0pointment of a City Council ember
serve on the Community Justice Courtcil.
Motion was made by Councilman Phillips, seconded by
Councilman Maloy to appoint Councilman T. J. Patterson
to the Community Justice Council. Elation carried: T
Yeas; 0 Hays.
89--48B-905. 669
(23.) Consider eight ag Uintments to the Board of City
Qyeloument.
It was consensus of Council to hold appointments to the
Board of City Development until the next Regular City
Council Meeting.
There being no further business to come before Council, motion was made by
Councilman Patterson, seconded by Councilman Phillips to adjourn the
meeting at 11:11 a.m. Motion carried: T Yeas; 0 Hays.
rt
B. C. McMINN, MAY
Ran to Boyd, City 5ecr y
READ AND APPROVED TH15 16TH DAY OF NOVEMBER, 1989.
B. C. McMINN, MAYOR
;Royd.
City c et;
sEHn
l RFADfNGORcoQli4ANCES
ORDINANCE NO, "16
THE STATE OF TEXAS
AN ORDINANCE. ABANDON-
COUNTY OF LTIBBOCK
ING AND CLOSING A PORTION
OF 64TH STREET in THE CITY
Before me Frances Hernandez
OF LUBBOCK, LUBSOCK COUN-
Notary F'uhi�v �a nda o r.ubhock County. 1TY,TCXAS.ANC,MOREPARNC-
"EARLY DESCRIBED IN THE
persnnall� appeared Au i
t CCO un of the 5[yutf� BODY OF THIS ORD,NANCE; DI-
pers Corporation, publishers of the Lubbock
RECTING THE CITY CNGINEER
Avalanche -Journal — Morning. Evening q TO hkAQK THE OFFICIAL MAPS
OF THE CITY OF LUBBOCK TO
AbAN No
being by me du]y sworn did depose and say that said newspaper has been u ](shed conti] RKOLG
!L e a] I�v i c e
than fifty-two weeks prior to the first in��r�� ift this _eg -
CLOSING; PRDVIDOW
A
SAVINGS CLAUSE; AIID40A
VIDINt.FOR PUBLICATION.
No.
at Lubbock County. Texas and t
ed copy of the _ LeE.a No t i ce
is a true copy of the original and was print
ORDINANCE
E 7
AN ORDINANCE
(i j�s h
AvaIan( ourna i ri t e (Aring a�i�+4
ii'Ss [J} 37
November lit. . 18 3 1989
ALT rzRIN
PEED ING
ITS ON CERTAIN PORTIONS OF
175 NCERFACI ESPEED L OF
f[i
wor IJS
Y
UNIVEkSITY AVENUE, AS
HEREINAFTER MORE PARTIC-
ULARLY h
-�
DESCRIBED IN THE
BODY OF THIS ORDINANCE; DI-
RECTING PLACYMENT OF
SIGNS WITH RESPECT 7IiERE•
TO; REPEALING CONFLICTING
_
,xr PrQ
ORDINANCES TO THE EXTENT
OF SUCH CONFLICT: APPLICA• F'Z
TION THIS
OFSTREETSORHIGH.
Account anaiger
_+"`•�+_
CE
ONLY TO
LUBBOCK AVALANCHE.•.i(�URNt%
t
�,,.
WAYS NAMED HEREIN; FRO. Ll
VIDING THIS ORDINANCE
Southwestern Nvwspapers Corporation
�,:�=
SHALL BE CUMULATIVE; PRO,
VIDING A PENALTY: PROVID•
ING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICA.
TION.
Subscribed and sworn to before me this 29 day of NO vembe r 19 89 ORDINANCE No,9316
AN ORDINANCE AMEND-
ING ZONING ORDINANCE NO,
7094 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK
?TAKING T+4£ FOLI.D'�71NG
CHANGES: ZONE CASE NO. 2437-
B; A ZONINGCHANGE FROM C-2
TO C-3 LO N I NG ON A TRACT OUT
OF SECT ION 29, BLOCK A-K,
LUBBOCK, TEXAS; SUBJECT TO
FORM58.10 CONDtTIONS; PROVIDING A
PENALTY; PROWDING A SAV-
INGS CLAUSE AND PROVIDING
FOR PUBLICATION.
R-273
NOTICE OR
PUBLIC HERRING
NOTICE is %treat wrea iifal the �LA.�7
CITY Council will hold a PudITC OCK
Hearing on Thursday. December 7,
1989. et 10;30 A.M., in the City rice S H e rn an de =Coma �yotary F' bli�• in d r Lubbock County. Texas an this day
Lubbock.11 Texas,
o c: i31h Street. T Ali 1 + A C C 0, u n 4 r1 a ri e
Ludbk. Texas. fa the Pter the • ■ of the Southwestern Newspa-
recammendaHDns by the Ptartnin9
and a changed
edoncerta that p r uhlishers of the Lubtxwk Avalanche-dourrnal — Morning. Evening and Sundav, who
ing he Changed On certain PrDper-
t,es in Lubbock. Texas. All infer- •orn did depose and say that said newspaper LlB� �n �Dt�jiSf�eld continuously For more
esfed persons may s-A then the i 1
City Council will act on such rec- s prior to the First insertion of this
ommerdations. the rpllDwins mne t�E `" '
Case S w+l i be heard; o RQ6728 at [: bbiwk County Texas and the attached rint-
ZON C CASE5 No. MX6 Request a
Burl w- Masters [Far Chapman
Kelse0 for zoning change from T
to hR-I on a tract put of Section 25,
Block A (9602 Idalou Highway).
R-273
!a o ci 1 P
is a true copy of the original Vj,was printed in the Lubbock
he F i]nwin e. ' NO vemb e r r 1
Acc ion t He agar
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspzipers Corporation
Subscribed and sworn to before me this 29 day of
FORM 58-10
'.d a-IA-6
FRr }ICES R • RNANDEZ
ri "
NolxrYr"''r ' [a:eotT'
Gr1 E'Plres 7-b 91
V
Ha vembe r 19 89