Loading...
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