Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 12/13/1984763 REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 13, 1984 The City Council of the City of Lubbock., Texas met in regular session on the I3th day Of November, 1984, in the City Council Chambers, first floor, City Hal(, 1625 I3th Street, at 9:30 a.m. Present: Mayor Alan Henry, Mayor Pro Tem George Carpenter, C0UDCil0dO T.J. Patterson, C0UnCi70dO E. Jack Brown, COUnci!#U0Dn Joan Baker, COVDCilw00OD Maggie Tre'O, Councilman Bob Nash, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor Henry called the meeting to order at 9:30 a.m. 84-43A-703-1238 / l.\ 84-43A-763-1239 ( 2.) 84-43A_763-I240 / 3.\ 84-43A-763-I241 The invocation was given by Mayor Alan Henry. The Pledge Of Allegiance to the Flag was given in UDiG0n by those in the Council Chambers. Joy RidlehUber, Housing Standards Commission George Jury, DVM, City Health Board Michael Gatewood, Zoning Board of Adjustment / 4.\ Motion was made by COUDcil0dD T. J. Patterson, seconded by COUnCilwV0dD Joan Baker, approving the minutes of the November 15, 1984 regular City Council meeting and the November 30, 1984 special called City Council meeting. M0tf0D carried: 7 Yeas; 8 Nays. 84-43A-763-1242 / 5.) Marjorie Kastman, Chairperson f the Committee for WO08 will Present the Work Plan for the Committee. In June, 1984, the City Council created the Committee for Women. The Ordinance specified that the Committee would be responsible for developing a Plan with assistance from the City Of Lubbock Staff, to fulfill the responsibili- ties Set forth in the Ordinance. The Plan was to have been completed within six months after final passage of the 0rd1DdOC8 and was to have been submitted to the Community Services Commission for review and then to the City C0U0Ci7 for final approval. Marjorie KdstnaD, Chairperson of the Committee for Women, appeared to present the Plan and to give a brief report of the activities Of the Committee. She stated that the Committee was concerned that the Plan, which would govern their activities for the next two years, adequately address the problems and needs of the women in this community. TO assess the problems within the community and to assist the Committee in establishing priorities on the various tasks to be completed Over the next two years, the Committee undertook several activities. These included a qUeSt10OOdir8 which was developed and dis- tributed to various wO08O/S civic and social organiza- tions, Public Hearings which were held at community centers and the Branch Library, and O workshop facili- tated by Gay Irwin, Executive Director Of the Governor's Commission OO Women, which was held in October. From this information, the Committee developed O Plan which 1MClUd2d goal statements and specific objectives to be achieved. The Plan also included activities that would be under- taken to achieve the objectives outlined. The goals which are to serve as d guide to the Committee are as 764 December 13, 1984 1. To serve as a clearinghouse to assimilate and disseminate information concerning women. 2. To coordinate and support efforts to identify opportunities, needs and problems for all women in the community. 3. To recognize the contributions of women in Lubbock and to encourage the development of the potential of women. 4. To encourage the development and implementation of programs to educate, stimulate and involve Lubbock women. The activities to be undertaken are as follows: Establish a talent bank. Develop an inventory of women's services. Create a women's organization network. Create a task force on child care. Create a task force on employment for women. Publish a handbook on City Boards and Commissions. Publish a newsletter and calendar of events. Hold an annual Pathfinders Recognition Reception. Publish a list of hotline numbers. Maintain a positive public relations effort. The Staff prepared a tentative budget which would be required to support the activities outlined in the Plan developed by the Committee for Women. The expenditures are primarily for office supplies, printing, postage, limited travel and some refreshments for Board and Committee meetings. The budget covering a nine -month period is as follows: Board Meetings $1,080 Travel* 1,500 Postage 750 Supplies 400 Special Projects: Pathfinders Reception 700 Task Force --Child Care 50 Task Force --Employment 50 Advertisements, Brochures, PSA's 300 Women's Services Inventory 150 Talent Bank 75 Newsletter 750 Handbook --City Boards 800 Hotline Numbers 200 TOTAL 16,805 *(2 persons to attend Women's Legislative Day February, 1985; Women in Texas History Day September, 1985; 1 State Conference) The Community Services Commission reviewed the Work Plan at their November 28 meeting and recommended Council approval. Staff also recommended Council approval of the Plan and requested instructions to examine potential funding sources for the proposed projects. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo accepting the Work Plan of the Committee for Women as recommended by the Community Sevices Commission and the Staff, and instructing Staff to examine potential funding sources. Motion carried: 7 Yeas; 0 Nays. December 13, 1984 765 a 84-43A-765-1243 ( 6.) A member of the Lubbock Chapter of the American Institute of Architects will present a Resolution supporting the Site Plan Policy of the City Council. Following the recent zone case at the southwest corner of Slide Road and 82nd Street requiring site plans and architectural elevations of commercial zoning, the Planning Department Staff utilized the Council decision as a "policy" approach for future similar cases. The Policy is as follows: Site Plan Zoning Policy Due to recent policy decisions by the City Council, the following policies should be incorporated into large, multiple structure commercial developments at or near the intersections of major thoroughfares: A. At the time of the Zone Case before the P&Z Commission: Any commercial tract in the future (that carries a requirement for future site plan review) should be worded as follows: "A site plan, including building elevations showing materials, color, and texture, shall be submitted to and approved by the P&Z Commission and the City Council on the entire tract under this Zoning Ordinance, prior to issuance of a building permit." B. At the time of submittal of the site plan, the following statement shall be affixed to the plan: "All buildings on the total development tract for this zone case shall be consistent and compatible with the material, color, texture, and elevation submitted with the site plan". Members of the Executive Committee of the Lubbock Chapter of A.I.A. discussed the Policy and recommended that the A.I.A. Chapter endorse the Policy. The A.I.A. Chapter passed a Resolution unanimously on November 27, 1984 and Mike Landers and Mike Briggs appeared before Council to present this Resolution. WHEREAS, the members of the Lubbock, Texas Chapter of the American Institute of Architects seek to enhance the built environment through excellence in design and WHEREAS, the future quality and growth of the built environment in Lubbock is affected by sound zoning policy and WHEREAS, the Mayor and City Council of the City of Lubbock, Texas have provided the leadership to adopt a policy which will upgrade zoning requirements at major intersections within the City THEREFORE, BE IT RESOLVED That the Lubbock, Texas Chapter of the American Institute of Architects commends and endorses the intent of the City Council's Policy on zoning at major intersections. BE IT FURTHER RESOLVED THAT THIS RESOLUTION BE PRESENTED TO THE MAYOR AND CITY COUNCIL OF LUBBOCK, TEXAS. 84-43A-765-1244 ( 7.) ORDINANCE #8689--Consider an Ordinance on second reading annexing a certain area of land between Avenue U and Avenue P, from 82nd Street to 98th Street. 766 December 13, 1984 ORDINANCE NO. 8689 AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR INCLUSION OF A SERVICE PLAN; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFEC- TIVE DATE. City Attorney John Ross read the caption of Ordinance #8689, and highlighted other portions of the Ordinance for Council. Motion was made by Councilwoman Baker, seconded by Councilman Patterson, passing Ordinance #8689 on second and final reading. Motion carried: 6 Yeas; 1 Nay --Councilman Nash. 84-43A-766-1245 ( 8.) ORDINANCE #8688--Consider an Ordinance on second reading annexing a certain area of land between Frankford Avenue and Milwaukee Avenue, from 82nd Street to 98th Street. ORDINANCE NO. 8688 AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR INCLUSION OF A SERVICE PLAN; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFEC- TIVE DATE. City Attorney John Ross read the caption of Ordinance #8988, and highlighted other portions of the Ordinance for Council. Motion was made by Councilman Patterson, seconded by Councilwoman Baker, passing on second and final reading Ordinance #8688 as set out above. Motion carried: 7 Yeas; 0 Nays. 84-43A-766-1246 (10.) Consider a Resolution accepting Broadway brick renovation from Avenue U to Avenue V Constructed by Kerr Construc- tion Company. RESOLUTION #1881 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, the City of Lubbock heretofore entered into contract with Kerr Construction Company, C.D.W.O. 068336 for the making and construction of street improvements in said City including among others the following: Broadway Brick Renovation from Avenue "U" to Avenue "V". AND WHEREAS, the improvements upon the said portion of the above mentioned street have been inspected and found to have been constructed in accordance with terms of said contract C.D.W.O. 068336. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: That the improvements on said portion of the above mentioned street be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's final portion of the cost in the amount of $7,607.53. December 13, 1984 767 II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13TH DAY OF DECEMBER, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /s/ John C. Ross John C. Ross, Jr., City Attorney This is a routine item, accepting work of Kerr Construction Company on the Broadway brick renovation from Avenue U to Avenue V. 84-43A-767-1247 (11.) Consider a Resolution accept constructed by Kerr Construc Meadows Addition, Tracts D & RESOLUTION #1882 ing paving improvements tion Company in Western RESOLUTION #1882 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Western Meadows Addition, Tracts "D" and "E" made arrangements with Kerr Construction Company for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above mentioned addition including the following street: 56th Street from 157 feet east of east property line of Slide Road to 266 feet east of east property line of Slide Road known as New Subdivision Number 2031-75. 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 constructed in accordance with City Specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the above mentioned street be and the same are hereby accepted. II. This r8S0lQtiOO shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13TH DAY OF DECEMBER, 1984. Alan Henry ALAN HENRY, MAYOR ATTEST: Rdnette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: John C. Ross, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE WESTERN MEADOWS ADDITION TRACTS »D" AND "Ell UANTlTIE3 Sub -Unit Location A.C. Pvmt. Curb Concrete Saw- 3011 C&G Pvmt�l Patching on & Paving w/ tooth Down Remv. & basile existing Gutter 6" thick, G & G Curb & remvl�l & caliche 5% air Disposal disposal entrained Type IC 3600 psi concrete 2O3I-75 56th Street from I57/ E of EPL of Slide Road to 266' E Of EPL of Slide Road COST DISTRIBUTION Unit & 203l-75 * Lump Sum Contract 84-43A-767-1248 Contract Cost $12.025.00 Developer Cost This is d routine acceptance of improvements required in rep]dttiOg the area and included the cul-de-sac con- struction east Of Slide KOOd On 56th Street. No City cost was due the [ODtFdCtO7, and development is in accordance with the approved Land Use Plan along the east Side of Slide Road east of the Mall. Consider d Resolution accepting ai improvements constructed by West Texas Paving in Toledo United Metho- dist Church Addition, Tract B. RESOLUTION #1883 December 13, 1984 769 RESOLUTION #I883 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED `WHEREA3, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider Of Toledo United Methodist Church Addition Tract oB» made arrangements with West Texas POVfOg for the construction Of paving improvements on a certain street dedicated in said subdivision under thg'prOyjs1ODs of said Ordinance prior to the recording of the sUbdƒY1SiVO plat db0Y8 mentioned including the following streets: The North half Of 84th Street from 7.00 feet East of the East property line Of the alley east of Utica Avenue to the center line Of Toledo AV8OUe: known and designated as sub -unit number 69 Of Unit Number 2030. AND WHEREAS, the construction of the dbOV8 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. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. 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 direct the payment of the Citv'S portion Of the cost in the amount of $561.60. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13TH DAY OF DECEMRER, 1484. Alan Henry ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Jennings APPROVED AS TO FORM: John C. Ross, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE NTITIES Unit & S.Y. L.F. 3.Y L.F. L.F. L.F. S.Y. Sub -Unit Location I-1/2" A.C. Curb Concrete 3awtOOth 30" C&G PNnt Pavement & Paving C&G Down RemV. & Base Patching VD Gutter w/ h" thick Curb & Re0Y. existing 5% air Disp0S. & cdliche base entrained DispVs. Type IC 3600 psi concrete 2031-75 56th 3t.fr0m I57/ E of Slide Rd. to 266/ E Of EPL of Slide Rd. 35.00 143.52 289.45 89.00 108.00 102.00 100.00 770 December 13, 1984 COST DISTRIBUTION Unit & Sub -Unit 2031-75 *Lump Sum Contract 84-43A-770-1249 (13.) Contract Cost $12,025.00 Developer Cost Cost $12,025.00 This is a routine acceptance of improvements required at the time of platting. These improvements are on the north side of 84th Street extending west from Toledo Avenue. There is City cost of $561.60 which involved removal of some existing asphalt paving and re -paving with concrete valley gutter to make the drainage work in the intersection at Toledo Avenue. Motion was made by Councilman Nash, seconded by Councilwoman Trejo, authorizing Resolution #'s 1881 (Item #10), 1882 (Item #11), and 1883 (Item #12), as set out above. Motion carried: 7 Yeas; 0 Nays. Consider a Resolution authorizing the Mayor to execute Change Order No. 2 to the 1984 City Warehouse and Parkin Lot Improvement contract with Kerr Construction Company RESOLUTION #1884 RESOLUTION 1884 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Change Order No. 2 adding paving quantities to existing contract, G.W.O. 921501, for paving improvements between said City and Kerr Construction Company, 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 13th day of December, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, City Engineer /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney This Change Order is for the addition of one parking lot to the existing Contract with Kerr Construction Company. This parking lot is an expansion of existing parking facilities located on the north side of the Municipal Coliseum at Tech Freeway and 6th Street. The total 771 December 13, 1984 84-43A-771-1250 (14.) estimated construction cost for these paving improvements is $24,383.04 with approved funding through Parks Depart- ment. Assistant City Manager Bob Cass and representa- tives of the Parks Department Staff have received necessary approval of Texas Tech officials. The Con- tractor understands and agrees to finish all other parking lots on this Contract prior to beginning con- struction on any other project. Motion was made by Councilman Brown, seconded by Mayor Pro Tem Carpenter, authorizing Resolution #1884 as set out above. Motion carried: 7 Yeas; 0 Nays. Consider a Resolution setting date and time for Public Hearing to consider Amendment to Urban Renewal Plan for the Lubbock Neighborhood Development Program, Project RESOLUTION #1885 RESOLUTION 1885 RESOLUTION PROVIDING FOR NOTICE OF MEETING AND PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERNING THE APPROVING OF AN AMENDED URBAN RENEWAL PLAN FOR THE LUBBOCK NEIGHBORHOOD DEVELOPMENT PROGRAM, PROJECT NO. TEX. A-14(C), AND PROVIDING FOR NOTICE OF SUCH MEETING AND HEARING. WHEREAS, the Urban Renewal Law of the State of Texas requires the City Council to hold a public hearing on a proposed Urban Renewal Plan before it may approve the Urban Renewal Plan after notice of hearing has been given by publications in the manner described and the City Council may proceed with such hearing after it has received recommendations from the Planning and Zoning Commission and the Urban Renewal Agency as to a Plan conforming with the general plan for development of the City as a whole; and WHEREAS, said Urban Renewal Law of the State of Texas makes the same requirements for an Amended Urban Renewal Plan; and WHEREAS, an amendment dated November 20, 1984, consisting of a boundary revision deleting a certain area from the Lubbock Neighborhood Development Program Urban Renewal Plan Area, was presented to this body; and WHEREAS, said amendment to the Urban Renewal Plan for the Lubbock Neighborhood Development Program, Project No. TEX. A-14(C) was reviewed and approved by the Planning and Zoning Commission on December 6, 1984, and by the Urban Renewal Agency of the City of Lubbock on November 20, 1984, and recommendations were made to the City Council; and WHEREAS, said amendment and recommendations have been reviewed by the City Council of the City of Lubbock; and WHEREAS, it is the purpose and intent of the City Council of the City of Lubbock, on this date and at this time and place specified in the form of notice contained in Section 1 hereof, to hold a public hearing on the question of adopting on first passage an Ordinance to approve and adopt said amendment to the Urban Renewal Plan ; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the following notice is hereby ordered to be published by the City Council of the City of Lubbock, said notice to be published in the December 23, 1984, December 30, 1984 and January 6, 1985, issues of the Lubbock Avalanche -Journal (a newspaper having a general circulation in the City of Lubbock) said notice to be in the following form, to -wit: "NOTICE OF MEETING AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERNING THE APPROVING OF AN AMENDED URBAN RENEWAL PLAN FOR THE LUBBOCK NEIGHBORHOOD DEVELOPMENT PROGRAM, PROJECT NO. TEX. A-14(C)" "Pursuant to the provisions of the Urban Renewal Law of the State of Texas, notice is hereby given that the City Council of the City of Lubbock will meet at the Municipal Building at 1625 13th St., in the City Council Chamber, on the 24th day of January, 1985, at 1:45 o'clock P.M., C.S.T., at which time and place said Council will 772 December 13, 1984 conduct a public hearing on the question of, and will consider and determine whether or not it will approve an amendment to the Urban Renewal Plan for the Lubbock Neighborhood Development Program, Project No. TEX. A-14(C) consisting of a boundary revision deleting a certain area from said program. At the aforesaid public hearing, each person will be given full opportunity to be heard, either in person or by his counsel, relative to the subject being considered, and likewise to present to and file with the City Council for its consideration, his written comments and recommendations relative to the subject." SECTION 2. THAT the City Council shall meet on the date and at the time and place specified in the form of notice and contained in Section 1 hereof and shall then and there hold a public hearing on the question of and consider and determine if it should pass on first reading an Ordinance to approve and adopt said amendment to the Urban Renewal Plan. Passed by the City Council this 13th day of December, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Assistant City Manager for Development APPROVED AS TO FORM: /s/ Laura J. Monroe Laura J. Monroe, Assistant City Attorney This Amendment is necessary to omit the territory being considered in the Memorial Center/Riverwalk Project from the original N.D.P. Urban Renewal Plan. This territorial deletion will keep the balance of the original N.D.P. Plan intact and consistent with the State Urban Renewal Law. The Amendment was approved by the Urban Renewal Board on November 20, 1984 and by the Planning Commission on December 6, 1984. The public hearing was suggested to be set for the regular Council meeting on January 24, 1985, at 1:30 p.m., with advertisement in the paper of the hearing to be published on December 23, 1984, December 30, 1984, and January 6, 1985. Motion was made by Councilwoman Baker, seconded by Councilman Patterson, setting date and time for Public Hearing to consider Amendment to Urban Renewal Plan for the Lubbock Neighborhood Development Program, Project #Tex. A-14 (C) for 1:30 p.m., January 24, 1985. Motion carried: 7 Yeas; 0 Nays. 84-43A-772-1251 (15.) Consider a Resolution setting date and time for Public Hearing to consider Amendment to Memorial Center Complex Urban Renewal Plan Project #Tex. R-138 C . RESOLUTION #1886-A RESOLUTION 1886-A RESOLUTION PROVIDING FOR NOTICE OF MEETING AND PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERNING THE APPROVING OF AN AMENDED URBAN RENEWAL PLAN FOR THE MEMORIAL CENTER COMPLEX URBAN RENEWAL AREA, PROJECT NO. TEX. R-138(C), AND PROVIDING FOR NOTICE OF SUCH MEETING AND HEARING. 773 December 13, 1984 WHEREAS, the Urban Renewal Law of the State of Texas requires the City Council to hold a public hearing OO a proposed Urban Renewal Plan before it may approve the Urban R2O2#dl Plan after notice of hearing has been given by publications in the manner described and the City Council may proceed with such hearing after it has received recommendations from the Planning and Zoning Commission and the Urban Renewal Agency as to d Plan conforming with the general plan for development of the City as a whole; and WHEREAS, said Urban Renewal Law Of the State Of T8Xd5 makes the same requirements for an Amended Urban Renewal Plan; and WHEREAS, a C00pr8heOSiY2 amendment dated November 20, I984, consisting Of d boundary revision amendment extending the area and revisions of the land use and acquisitions 0dpS and d narrative r9Vi3iOD to provide for O change in land uses and other considerations, was presented to this body; and WHEREAS, the Said comprehensive Amended Urban Renewal Plan for the Memorial Center Complex Project, NO. TeX. R-138/C\ was reviewed and approved by the Planning and Zoning Commission OO December 6, 1984, and by the Urban Renewal Agency Of the City of Lubbock On November 20, 1984, and recommendations were made to the City Council; and WHEREAS, said Amended Urban Renewal Plan and recommendations have been reviewed by the City Council Of the City of Lubbock; and WHEREAS, it is the purpose and intent Of the City Council of the City of Lubbock, On this date and at this time and place specified in the fOnV of notice contained in Section I hereof, to hold d public hearing OD the question Of adopting OO first passage an Ordinance to approve and adopt the said Amended Urban Renewal Plan; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the following notice is h8r8h« ordered to be published by the City C0UDCfl Of the City Of Lubbock, said notice to be published in the December 23, 1984, December 30, 1984 and January G, 1985, issues Of the Lubbock Avalanche -Journal (a newspaper having a general circulation in the City of Lubbock) Said notice to be in the following form, to -wit: "NOTICE OF MEETING AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERNING APPROVAL OF THE AMENDED URBAN RENEWAL PLAN FOR THE MEMORIAL CENTER COMPLEX URBAN RENEWAL PROJECT, NO. TEX. R-I38(C)o "Pursuant to the provisions Of the Urban Renewal Law of the State Of Texas, O0t1c8 is hereby given that the City Council Of the City Of Lubbock will meet at the Municipal Building at 1625 I3th Street in the City Council Chamber, on the 24th day Of January, 1985, at 1:30 O'Cl0Ck P.M., C.S.T., at which time and place said Council will conduct a public hearing On the question of, and will consider and determine whether or not it will approve an Amended Urban Renewal Plan for the Memorial Center Complex Urban Renewal Project, NO. TEX. R-138/C\ consisting of d boundary revision amendment extending the area and revisions Of the land use and acquisitions maps and O narrative revision to provide for a change in land U39S and other considerations. At the aforesaid public hearing, each person will be given full opportunity to be heard, either in person or by his counsel, relative to the subject being considered, and likewise to present to and file with the City Council for its consideration, his written C00m8nt3 and r2c0002DdatiO0S relative to the 3Uh'eCt.w 774 December 13, 1984 SECTION 2. THAT the City Council shall meet on the date and at the time and place specified in the form of notice and contained in Section 1 hereof and shall then and there hold a public hearing on the question of and consider and determine if it should pass on first reading an Ordinance to approve and adopt the said amended Urban Renewal Plan. Passed by the City Council this 13th day of December, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Assistant City Manager for Development /s/ Laura J. Monroe Laura J. Monroe, Assistant City Attorney This Amendment is necessary to include all the territory being considered in the Memorial Center/Riverwalk Project, including the territory that will be deleted from the original N.D.P. Plan. This action will keep all the Memorial Center/Riverwalk Project in one Plan and will be consistent with Texas Urban Renewal Law. The Amendment includes a boundary revision, land use map, land acquisition map and text to describe the Riverwalk Project. The Amendment was approved by the Urban Renewal Board on November 20, 1984 and by the Planning Commission on December 6, 1984. Staff suggested that the Public Hearing be set for the regular Council meeting on January 24, 1985 at a time to follow the other Plan Amendment, and with advertisement of this hearing on the same dates as the other Hearing being December 23, 1984; December 30, 1984; and January 6, 1985. Motion was made by Councilwoman Baker, seconded by Councilman Nash, setting date and time for Public Hearing to consider Amendment to Memorial Center Complex Urban Renewal Plan Project #Tex. R-138(C) for 1:45 p.m., January 24, 1985. 84-43A-774-1252 (16.) Consider an Ordinance to abandon and close portions of 58th and 59th Streets and a portion of a 20 alley located between those two streets in the Piedmont Addition to the City of Lubbock. ORDINANCE #8692 ORDINANCE NO. 8692 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 58TH STREET AND 59TH STREET AND A PORTION OF A 20-FOOT ALLEY LOCATED BETWEEN THOSE TWO STREETS 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 ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The two streets, 58th and 59th, and the alley between the two streets are directly east of Slide Road in the Piedmont Addition. Requestor of these closures is Burl Masters for Golden Properties. Planning and Zoning Commission heard and approved this on December 5, 1984. Areas to be closed are as follows: 775 December 13, 1984 F-J 58th Street - 1,019.61 sq. ft. 58th to 59th Street alley - 4,200 Sq. ft. 59th Street - 9,800 sq. ft. A cul-de-sac is to be dedicated on 58th Street, another alley will be dedicated in place of the one to be closed, and the cul-de-sac will be dedicated on 59th Street. The Slide Road Plan showed a cul-de-sac on 59th Street at mid -block; however, it showed 59th Street open from Slide Road to the cul-de-sac. This closure will still allow the land uses to function as Originally intended, with curb -cut access to Slide Road at 59th Street. The requestVr will be charged for a portion of 59th Street. The area to be charged for is 4,890 sq. ft., appraised at $1.00 per square foot from the appraisal Of abutting property. The Right -of -Way Department agrees with this closure as long as it conforms to the Slide Road Land Use Plan. Relocation Of utilities will be at reqVestOr's expense. Motion was made by Councilwoman Baker, seconded by CVUDCilwO0dD Tr `O, passing on first reading Ordinance #8692, as Set out dbOV8. Motion Carried: 7 Yeas; O Nays. 84-43A-775-I253 /I7.\ Set the time and date for the first Public Hearing for the Community Development Block Grant 11th Year Applica- As a part Of the Community Development Block Grant application process, the City Council conducts two Public Hearings to allow citizens the opportunity to comment on the proposed expenditure of Community Development Funds. These Hearings are scheduled after the Community Develop- ment Advisory Committee has held their neighborhood meetings and developed their recommendations, and Staff recommended that the first Public Hearing be scheduled for January 10, I985 at I1:30 a.m. After Council discussion, it was decided that I0:30 d.0. would be a better time for the public hearing. Motion was made by Councilwoman Baker, seconded by Councilman Patterson, Setting the time and date for the first Public Hearing for the Community DPV2lOp0gDt Block Grant llth Year Application for January lU, 1985 at 18:30 a.m. Motion carried: 7 Yeas; U Nays. /IA.\ Consider d authorize thehApplica- tion for the Rental Rgha01|1tatGrant Program and all related documents. RESOLUTION #1886 RESOLUTION #1886 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1° THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute and submit for the City of Lubbock d Federal Rental Rehabilitation Grant Program Application for the year 1984 and 1985 and related dVCUmU0tS, which application attached herewith, shall be spread UpOD the minutes of the Council and as spread UpOM the minutes Of December 13, 1984 776 this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of December, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Coordinator /s/ Michele Hart Michele Hart, Assistant City Attorney In a November 9, 1984 letter from HUD, the City was requested to submit an Application for the 1984-85 Rental Rehabilitaion Program. The allocation for the City is $137,000 and will assist approximately 27 households. This request for another Rental Rehabilitation Applica- tion has caused some confusion because the City was approved for a $140,800 Grant in August, 1984. HUD explained that the Program approved in August was funded very late in Fiscal Year, 1984 and that the Application which the City is now submitting is on the correct schedule for Fiscal Year, 1985. It appears that the City will be operating the two funded programs concurrently. The 1985 Program will follow the same program description and guidelines as the 1984 Program. As an update on the Rental Rehab Program, HUD is setting up a new cash management system which has to be final- ized. The City has received several inquiries about the Program and two property owners are preparing additional project information for project evaluation. The Program still seems workable and Staff recommended that the City continue to participate. Motion was made by Councilman Nash, seconded by Mayor Pro Tem Carpenter, authorizing the Mayor to execute the Application and all related documents, as set out above. Motion carried: 7 Yeas; 0 Nays. 84-43A-776-1255 (19.) Consider the allocation of Community Development Contin- gency Funds. In response to the need for additional security measures for low-income elderly residents, a Program called "Locks for the Elderly" is proposed. This Program is designed to assist low-income elderly homeowners by providing a security inspection of their home and installation of dead bolt locks on all outside doors. Initially, the Program will be targeted to the Overton neighborhood because of the high burglary rates in the area. The Community Services Department and the Crime Prevention Unit will coordinate and administer the Program. A homeowner may apply at the Community Services Office and the Staff will review all applications for eligibi- lity. The Crime Prevention Unit will provide a security inspection of the qualified residences and order the 777 December 13, 1984 installation of the locks. The deadbolt locks will be installed by a qualified locksmith who is the successful bidder for the Program. The security inspection is d Very important component of the Program because the installation Of the d8adbOltS without other preventive 08dsur86 will not accomplish the goals of the Program. The Program will be VM a trial basis and follow-up data will be Compiled for future evaluation. Neighborhood meetings will be scheduled to help inform the residents of this opportunity. The Staff recommendation was to allocate $10,000 of Community Development Contingency Funds for the Program. It is estimated that the average cost per home will be $100, and this funding will assist approximately I00 homes. This allocation will reduce the Contingency Fund balance from $255,730 to $245,730. Motion was made by Councilwoman Trejo, Seconded by CnUOCil0dn Patterson authorizing allocation Of $10,000 from Community Development Contingency Funds for the "Locks for the Elderly" Program. Motion carried: 7 Yeas.: O Nays. /20.\ Consider the price and condition of sale of Parcel (south 50' of north 250') in the Coronado TEX. R-33 area. This is d routine Sale of property by the Urban Renewal Agency to Robert Lewis Gfddens for $1,500. The property is to be redeveloped as a single-family resi- dence and is properly zoned for this. Motion was made by Mayor Pro T8m Carpenter, seconded by COUDCilwV0aD Tre'V authorizing the sale Of Parcel #/S 16-2 (south 50/ of the north 200'\ and 26-1 (south 50/ Of the north 250/), as set out above. Motion carried: 7 Yeas; O Nays. /2I.\ Consider Ordinance amending Ordinance 8140 to provide for the installation of a traffic signal at the inter- section of Frankford Avenue (FM 2528) and Fourth Streiit ORDINANCE #8693 ORDINANCE 8693 AN ORDINANCE AMENDING SECTION I OF ORDINANCE 8190 OF THE CITY OF LUBBOCK 80 AS TO AUTHORIZE A NEW TRAFFIC SIGNAL AT THE INTERSECTION OF F.M. HIGHWAY 2528 /FKANKFORD AVENUE) AND F.M. HIGHWAY 2255 /4TH STREET) IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT TO BE EXECUTED BY THE CITY OF LUBBOCK AND THE STATE OF TEXAS RELATING TO SAID TRAFFIC SIGNAL; AND PROVIDING FOR PUBLICATION. The Corridor Management Team, which is comprised of representatives from the State Department of Highways and Public Transportation and the City Of Lubbock, has identified this Traffic Signal Project at 4th Street and Fr8VkfOrd Avenue as having d potential to favorably impact traffic safety. This location meets both the Occident and volume warrants for Signalfzati0n as get forth in the Texas MdOUdl UD Uniform Traffic Control Devices. The City has prepared the plans for the installation of the traffic signal. It will be constructed according to State and City specifications. The State will award the Contract and inspect the Project. This latter condition requires that the plans carry d State Title Sheet with December 13, 1984 778- The State will furnish the necessary funds for the installation of the traffic signal. The City will be responsible for the operation and maintenance of the traffic signal installation. The Ordinance authorizes the Mayor to sign a Traffic Signal Maintenance Agreement with the State Department of Highways and Public Transpor- tation. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilwoman Trejo, passing on first reading Ordinance #8693, as set out above. Motion carried: 7 Yeas; 0 Nays. 84-43A-778-1258 (22.) Consider lease of space in the Airport Terminal with Briercroft Savings and Loan Association for an automatic �teller machine. RESOLUTION #1887 RESOLUTION #1887 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 Space Lease - Terminal Building between the City of Lubbock and Briercroft Savings and Loan Association to install an automatic teller machine in the Lubbock International Airport, 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 13th day of December, 1984. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK /s/ Alan Henry ALAN HENRY, MAYOR KNOW ALL MEN BY THESE PRESENTS: SPACE LEASE - TERMINAL BUILDING This Agreement, entered into at Lubbock, Texas, by and between the City of Lubbock, hereinafter referred to as "Lessor," and Briercroft Savings and Loan Association, a Texas savings and loan association, hereinafter referred to as "Lessee," acting by and through its officers hereunto duly authorized; WHEREAS, Lessor owns and operates a public airport desig- nated as Lubbock International Airport herein called "Airport;" and WHEREAS, Lessee desires to operate an automatic teller machine hereinafter referred to as "ATM," in the terminal building at the Lubbock International Airport. December 13, 1984 779 7 7i ARTICLE I NOW THEREFORE, for and in consideration of the covenants and conditions herein contained and other valuable consideration the Lessor authorizes the Lessee to exercise the rights, powers and privileges hereinafter set forth and does hereby lease to the Lessee the premises hereinafter described and being: Thirty-two (32) square feet of floor space on the main passenger level floor of the airport terminal of the Lubbock International Airport the exact location of such space to be determined by Lessor's Director of Aviation. The term of this Agreement shall be for a period of two (2) years, commencing on September 24, 1984, and ending on September 23, 1986, both dates inclusive, unless sooner terminated as herein provided. ARTICLE II In consideration of the rights and privileges herein granted, Lessee shall pay to the Lessor a rental of Six Thousand Six Hundred and No/100 Dollars ($6,600.00) for the first year of the term of this Lease and a rental of Seven Thousand Two Hundred and No/100 Dollars ($7,200.00) for the second year of the term of this Lease; Lessee shall pay to Lessor the rents set forth herein in monthly payments in advance by the tenth (loth) day of each month, such monthly payments being Five Hundred Fifty and No/100 Dollars ($550.00) for the first year of the term of this Lease and Six Hundred and No/100 Dollars ($600.00) for the second year of the term of this Lease. All payments that become due and payable by Lessee shall be made to the City of Lubbock at the office of the Director of Aviation, Lubbock International Airport, Lubbock, Texas. ARTICLE III This Lease is granted subject to the following provisions and conditions: 1. Lessee shall use the leased premises solely for the purpose of operating an ATM. 2. Lessee shall provide such services from the ATM as are usual and customary, from time to time, in the banking and savings and loan industries. 3. Lessee's right to operate an ATM within the terminal building at the Lubbock International Airport shall be nonexclusive. 4. Lessee, at its own expense, shall install such ATM and provide all network service, hardware maintenance, telephone lines, money maintenance and settlement account- ing. Lessee shall have reasonable access to such terminal premises for the purpose of performing all such steps from time to time during the term of this Lease. 5. Lessee, at its own expense, shall be responsible for securing all permits, clearances, rights of way or other matters necessary to install and operate such ATM facilities in a lawful manner. 6. Lessee agrees that it will at all times during the term of this Lease maintain the ATM facilities and equipment in good and serviceable condition, such maintenance to be the sole responsibility and obligation of Lessee. 7. The ATM installed in Lessor's terminal shall remain the property of Lessee and shall not become part of the real estate. Any other property installed or added by Lessee which becomes permanently attached to the premises shall become the property of Lessor upon termination of this Lease Agreement. 8. Lessee agrees that Lessor shall have and it hereby grants to Lessor a contractual landlord's lien on the ATM and all Lessee's property of whatsoever nature placed in or upon the leased premises; such lien to guarantee the payment of any and all arrearages arising under this Lease Agree- ment. Lessee agrees to sign a financing statement to be 780 December 13, 1984 filed with the Secretary of the State of Texas and the County Clerk of Lubbock County to perfect Lessor's lien and to furnish Lessor an itemized list of all such improvements, additions or alterations, including the ATM, which Lessee installs, adds or uses on the leased premises. 9. Lessee will erect no signs and will distribute no advertising matter in the Airport without the prior written consent of the Director of Aviation. Such prior written consent shall not be required for advertising placed by Lessee with Ackerley Airport Advertising, Inc. or any other party having the right to sell, rent or offer airport terminal advertising space. 10. All of Lessee's business operations and solici- tations will be confined to the leased premises. 11. The Lessee shall not bind or attempt to bind Lessor for payment of any money in connection with instal- lations, alterations, additions or repairs on the leased premises or any of Lessee's equipment or facilities located on the leased premises and shall not permit any mechanic's, materialman's or contractor's liens to arise against the premises or any improvements, equipment, machinery or fixtures thereon belonging to the Lessor and Lessee express- ly agrees that it will keep and save the premises and Lessor harmless from all costs and damages resulting from any lien or liens of any character created or that may be asserted through any act or thing done by the Lessee. 12. In the event any mechanic's or other liens or orders for payment shall be filed against the premises or improvements thereon, or the property of Lessor located thereon, during the term of this Lease Agreement, Lessee shall within ten (10) days cause the same to be cancelled and discharged of record, by bond or otherwise at the election and expense of Lessee, and shall also defend on behalf of Lessor, at Lessee's sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such lien or order. 13. Failure of the Lessee to comply with any require- ment of these paragraphs 11 or 12 shall be cause for immediate termination of this Lease Agreement by Lessor. 14. Lessor shall assume no responsibility as to the condition of the leased premises and shall not assume responsibility for maintenance, upkeep or repair necessary to keep the, premises in a safe and serviceable condition. 15. The Director of Aviation shall have the right to change the location of the leased premises if necessary, and any relocation shall be at the Lessee's expense. ARTICLE IV This Lease is granted subject to the following additional provisions and conditions: 1. The Lease herein granted is subject to any and all applicable laws, ordinances, rules and regulations pertain- ing to the Lubbock International Airport. 2. During the time of war or national emergency the Lessor shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly owned air navigation facilities, and other area or facilities of the Airport. And if any such agreement is executed, the provisions of this instrument, insofar as they are are inconsistent with the provisions of the agreement with the Government, shall be suspended, but rent hereunder shall abate accordingly. 3. This Agreement shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States relative to the operation and maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expendi- ture of federal funds for the development of the Airport. Should the effect of such agreement with the United States be to take any of the property under lease or substantially destroy the commercial Value of Lessee's rights Under this Agreement, the Lessor Shall not be held liable therefor, but rent hereunder shall abate accordingly. 4. All rights, privileges and interests acquired herein by Lessee at the option Of the Lessor, following written notice Of thirty (30) days, may be suspended if such SUSp8D3iVD is found by the Lessor, acting in good faith, to be necessary to secure federal financial aid for the development of the Airport, or further development and provisions Of aeronautical operations thereon, but rent hereunder shall abate accordingly. 5. The Lessor, acting by and through the Director of Aviation, Or other designated representative shall have the right to inspect the property at all reasonable times during the term of this Lease. 6. Any property of the Lessor Or any property for which the City of Lubbock may be responsible, which is damaged Or destroyed incident to the exercise Of the privileges herein granted Or as a result of acts Or omis- sions of the employees or agents of Lessee, shall be properly repaired Or replaced by the Lessee to the satis- faction of the Lessor and its authorized representatives, or in lieu Of such repair or replacement, the [es8g2 shall, if s0 required by the Lessor, pay to the [eSS0r money in any amount deemed sufficient by the L8G3Ur to C00p2DSate for the l035 sustained by the Lessor by reason Of the loss Of, damage to or destruction of such property. 7. The Lessee shall be deemed to be an independent contractor and operator responsible to all parties for its respective acts Or 0qiSSiOMS and Lessor Shall in OO way be responsible therefor. 8. The Lessee agrees to indemnify, defend and forever save the Lessor, its authorized agents, representatives and employees, harmless from and against any and all penalties, liability, annoyances or loss resulting from claims Or court action Of any nature arising directly of indirectly out Of any acts Or OmiSSfOOs of the Lessee, its agents, servants, employees Or business visitors under this Agreement. 9. The Lessee Shall maintain at all tines, at its sole expense, insurance with an insurance underwriter acceptable Co the Lessor and from One authorized to do business in the State Of Texas, against claims of public liability and property damage resulting from [835e2/S business activities at the Airport. The amount of insurance CUV8rdge shall be not less than FIFTY THOUSAND AND NO/100 DOLLARS /$50,000.00\ for property damage as a result of any one event, or 1pS3 than ONE HUNDRED THOUSAND AND N0/I00 DOLLARS /$I00,000.00\ for personal injury Or death of any one person in any one event; or less than THREE HUNDRED THOUSAND AND NO/100 DOLLARS /$300,000.00\ for personal fO'Ury or death of two /2\ or more persons in any one SVgOt. Certificates of insurance or other satisfactory evidence shall be filed with the Director of Aviation prior to entry Up0D the premises by the Lessee. Each policy shall name the Lessor, City of Lubbock, as an additional insured as its interest may appear. Each policy shall provide "It is agreed that insurer shall notify the City of Lubbock, Texas, of any alteration, renewal Or cancellation of this policy and that this policy Shall remain in full force and effect until ten /IO\ days after such notice is received by the Director of Aviation." lO. Lessee shall furnish to the Lessor satisfactory evidence that it carries Workmen's C0mp9OSdti00 IOsUrdOC8 in accordance with the laws Of the State of Texas. 11. The Lessee shall dS3U0e responsibility for the payment of all taxes and assessments, license fees and public Utility charges levied on the business conducted On the leased premises or becoming due on the property Of Lessee used in cOOn8Cti0D therewith from the date of execution of this Agreement. The Lessee agrees to pay all CldiNS Or damages for or on account of water, lights, heat, power, Sewage disposal and any Other services Or utilities furnished to Or with respect to the property Or any part thereof. The Lessor does not guarantee to furnish utilities December 13, 1984 782 or utility services in the future. In the event utility service is not furnished for reasons other than repair or installations of lines or nonpayment of charges, Lessee shall have the option to cancel this Lease upon thirty (30) days notice to the Lessor. 12. The Lessee, its agents and employees, will not discriminate against any person or class of persons by reason of age, sex, race, color, creed or national origin in providing any services or in the use of any of its facili- ties provided for the public, in any manner prohibited by the Federal Aviation Regulations. The Lessee further agrees to comply with such enforcement procedures as the United States might demand that the Lessor take in order to comply with the Sponsor's Assurances given by the City of Lubbock. 13. Lessee agrees to not discriminate against any employee or applicant for employment because of age, race, creed, color, sex or national origin. The Lessee agrees to take affirmative action to insure that applicants are employed and that employees are tested during employment without regard to their age, race, creed, color, sex or national origin. Such action shall include, but not be limited to employment, upgrading, demotion or transfer, recruitment, layoff, rates of pay or other forms of compen- sation and selection for training, including apprenticeship. 14. The Lessee will conduct its activities and operate its facilities in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973 and will assure that no qualified handicapped person shall, solely by reason of his or her handicap, be excluded from participa- tion in, be denied the benefits of, or otherwise be subject- ed to discrimination, including discrimination in employ- ment, under any program or activity of the Lessee. 15. The Lessee acknowledges that it is informed that Texas Law prohibits contracts between Lessor and its "officers" and "employees," and that the prohibition extends to an officer and employee of City agencies such as City - owned utilities and certain City boards and commissions, and to contracts with any partnership, corporation or other organization in which the officer of employee has an interest. Lessee certifies that neither it nor any person having an interest in this contract is an officer or employee of the City of Lubbock or any of its agencies. 16. The Lessee warrants that it has not employed any person employed by the Lessor to solicit or secure this Lease Agreement upon any agreement for a commission, percentage, brokerage or contingent fee. 17. Lessee may assign or sublet this Lease to any other bank or savings and loan association which then or immediately thereafter shall be operating, other than through such leased premises only, through one or more bank or savings and loan offices in Lubbock County, Texas, which institution is then in good standing with applicable banking or savings and loan departments of the State or Federal Government. Otherwise this lease may not be assigned without the written consent of Lessor, but such consent shall not be unreasonably withheld. No such assignment or subletting shall affect Lessee's obligations to make all required rental payments hereunder. 18. The failure of the Lessor to insist in any one or more instance upon performance of any of the terms or conditions of this Lease shall not be construed as a waiver or relinquishment of the future performance of any such term or conditions, but the Lessee's obligation with respect to such failure of performance shall continue in full force and effect. 19. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal away from the Airport, of all trash, garbage and other refuse caused as a result of the operation of its business at its sole expense. 783 December 13, 1984 20. In the event Lessee remains in possession of the leased premises after the expiration of this Lease Agreement without any written renewal or extension of this Lease, such holding over shall not be deemed as a renewal or extension of this Lease, but shall create only a tenancy from day to day which may be terminated at any time by Lessor. ARTICLE V This Lease Agreement shall terminate at the end of the full term hereof and Lessee shall have no further right or interest in the premises hereby demised except as provided in Article IV, paragraph 20. This Agreement is subject to termination for the reasons set forth below, provided that thirty (30) days written notice is given to the non -terminating party. Rental due hereunder shall be payable only to the effective date of said termination. A. The Lessee may terminate upon the happening of any of the following: 1. The permanent abandonment of the Airport as an air terminal. 2. The issuance by any court of competent jurisdic- tion of an injunction in any way preventing or restraining the use of the Airport and the remaining in force of such injunction for at least thirty (30) days. 3. The breach by the Lessor of any of the terms, covenants or conditions of this Agreement to be kept, performed and observed by the Lessor, and the failure of the Lessor to remedy such breach for a period of sixty (60) days after written notice from the Lessee of the existence of such breach. 4. The assumption by the United States Government, or any authorized agency of same, of the operation, control or use of the Airport and its facilities in such a manner as to substantially restrict the Lessee from operating under the terms of this Agreement, if such restriction is to continue or has continued for a period of three (3) months or more. B. The Lessor may terminate upon the happening of any of the following: 1. If the Lessee shall file a voluntary petition of bankruptcy; or, if the proceedings in bankruptcy shall be instituted against it and it is thereafter adjudicated a bankrupt pursuant to such proceedings; or, if a court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or, if a receiver for Lessee's assets is appointed; or, if Lessee shall be divested of its rights, powers and privileges under this Agreement by other opera- tion of law. 2. If the Lessee shall abandon and discontinue operations under this Agreement. 3. If the Lessee shall default in or fail to make any payments at any time and in the amounts as required of it under this Agreement. 4. If the Lessee shall fail to perform, keep and observe all of the covenants and conditions contained in this Agreement to be performed, kept and observed by it. 5. If the Lessee shall fail to abide by all appli- cable laws, ordinances and rules and regulations of the United States, State of Texas, City of Lubbock or Director of Aviation of the City of Lubbock. 6. If Lessor, acting in good faith, finds termination of the rights, privileges and interests of Lessee acquired under this Lease to be necessary to secure Federal Financial aid for the development of the Airport, or further develop- ment and provisions of aeronautical operations thereon. December 13, 1984 C. In the event the terminal building at the Lubbock International Airport is damaged by fire or other accidental cause during the term of this Lease Agreement so as to become totally or partially untenantable, Lessor shall have the option to restore the premises to their former condition. If Lessor exercises its option to restore the premises, Lessor shall proceed with due diligence. If the damage is so extensive as to amount practically to the total destruction of the utility of the leased premises for the uses expressed in this Lease Agreement, Lessee's obligation to pay rent hereunder shall abate for the time and to the extent that the premises have been rendered untenantable. Should Lessor not exercise its option to restore the premises, this Lease shall terminate, such termination to be effective on the date of damage by fire or other accidental cause, and the rent shall be apportioned to that date. D. Within fifteen (15) days following the date of expira- tion or termination of this Agreement, Lessee shall, as required by Lessor, vacate said premises, remove all property of Lessee and restore the leased premises to as good a condition on such date of expiration or termination as when received, ordinary wear and tear excepted; provided, however, that Lessee's right to remove its property is subject to the condition that Lessee has paid in full all amounts due and owing Lessor under this Lease Agreement. If, after being requested to do so by Lessor, the Lessee shall fail or neglect to do so by Lessor, the Lessee shall fail or neglect to remove said property and so restore the leased premises within fifteen (15) days of said expiration or termina- tion, then at the option of Lessor said property shall either become the property of Lessor without compensation therefor or Lessor may cause the property to be removed and the leased premises to be restored at the expense of Lessee, and no claim for damages against Lessor or its officers, agents or employees shall be created or made on account of such removal and restora- tion. ARTICLE VI 1. Notices to the Lessor required or appropriate under this Lease shall be deemed sufficient if in writing and mailed by registered mail with postage prepaid to the Director of Aviation, Lubbock International Airport, Route 3, Box 201, Lubbock, Texas 79401. Notices to the Lessee required or appropriate under this Lease shall be deemed sufficient if in writing and mailed by registered mail with postage prepaid to the Attention of Presi- dent, Briercroft Savings and Loan Association, 50th at Avenue Q, Lubbock, Texas 79413. 2. Should Lessor institute legal action to collect rentals due under this Lease Agreement or damages for breach of any covenant made herein, a reasonable sum shall be added to the amount of recovery for attorney's fees together with all costs of court. December 13, 1984 785 3. Both parties h2r8hv agree that this instrument consti- tutes the final agreement of the parties and that all Other previous agreements, leases and contracts between the parties which pertain to the property described herein are hereby declared null and void. Executed this the 13th day Of December, 1984. LESSOR: BY Alan Henry ALAN HENRY MAYOR ATTEST: Ranette Boyd City Secretary APPROVED AS TO CONTENT: MarvinCoffee Marvin Coffee Director Of Aviation APPROVED AS TO FORM: Michele Michele Hart Assistant City Attorney LESSEE: BRIERCROFT SAVINGS AND LOAN ASSOCIATION RriercrVft Savings & Loan Association has had an auto- matic teller machine in the Terminal since September 23, 1982, and have requested another two-year Contract for continuation Of ATM operation. The proposed two-year lease is for 32 Square feet of floor space beginning September 24, 1984 and terminating September 23, 1986; rent will be $6,600 for the first year and $7,200 the second year. There is d provision in the proposed Lease that permits relocation if necessary. The Airport Board reviewed this and recommended approval to City Council. Motion was made by CnuOCil0dO Brown, seconded by Council- man Patterson, authorizing Resolution #I887 as Set out above. Motion carried: 7 Yeas; 0 Nays. 84-43A-785-1259 /23.\ Consider Agricultural Contract with K. F. Thiel and Sons, RESOLUTION 1888 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 Airport Agricultural Agreement between the City Of Lubbock and K. F. Thiel and Sons, attached herewith, which shall be spread UpOD the minutes of the Council and as spread UpOO the minutes of this Council Shall constitute and be d part Of this Resolution as if fully copied herein in detail, Passed by the City Council this 13th day of December, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director of Aviation /s/ Michele Hart Michele Hart, Assistant City Attorney THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK � AIRPORT AGRICULTURAL CONTRACT This Agreement, entered into at Lubbock, Texas by and between the City of Lubbock as Lessor, hereinafter referred to as "City," and K. F. Thiel and Sons, hereinafter called "Lessee." WTTNESSETH: WHEREAS, the City VwOS and operates a public airport designated as Lubbock International Airport herein called "Airport," and WHEREAS, the City Of Lubbock 0#nS the following described tracts of land comprising d part Of the Lubbock International Airport property, and has determined that Said land should be put to d productive use, and WHEREAS, the City reserves the right to take any action it considers necessary to protect the aerial approaches Of the Airport against obstruction, together with the right to prevent the Lessee herein and all other persons from erecting, Or permitting to be erected, any building Or other structure on Airport property which, in the opinion Of the City, would limit the US2fUlneSS Of the Airport or constitute d hazard to aircraft, and WHEREAS, during the time Of war or national emergency the City Shall have and hereby retains the right to enter into an agreement With the United States G0V8rn02Dt for military or O8Vdl use Of part Or all Of the landing area, the publicly 0NO8d air navigation facilities, and other areas Or facilities of the Airport, and if any such agreement is executed the provisions of this Instrument, insofar as they are i000O3iSteOt with the provisions Of the Agreement with the Government, Shall be suspended or terminated, whichever, in the Judgment Of the Governing Body of the City of Lubbock and the Government, shall he deemed necessary, and December 13, 1984 -787 WHEREAS, this Agreement shall be and is hereby made subor- dinate to the provisions of any existing or future agreement between the City and the United States relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development of the Airport, and WHEREAS, all rights, privileges or interest acquired herein by the Lessee or other persons, at the option of the City, following written notice of thirty (30) days, may be suspended or terminated, if such suspension or termination is found by the City, acting in good faith, to be necessary for the development of the Airport, or for the development and promotion of aeronau- tical operations thereon; NOW THEREFORE, in consideration of the premises, covenants and upon the terms and conditions herein contained, City hereby leases to Lessee for the term of five (5) years beginning January 1, 1985 and ending December 31, 1989, and from year to year thereafter for a maximum of ten (10) years unless written notice to terminate is given by either party to the other at least thirty (30) days prior to the beginning of the succeeding lease year, the land, facilities and premises, situated in Lubbock County, Texas, as designated in Exhibit "A" attached herewith and thereby made a part of this Agreement for all purposes. 1. The acreage and location of land covered by this Lease can be changed as needed due to future land acquisition and development by a writing including the changes signed by the Director of Aviation and the Lessee. Such writings shall be kept on file at the office of the Director of Aviation. 2. Lessee agrees to go upon the above described land, and shall faithfully and promptly in a farmerlike manner, at the seasonable time therefor, break, prepare and plant the cultivated land upon the above described premises and shall during the growing season cultivate and work the crops so planted at all times when necessary, hiring all necessary labor and supplying all necessary materials to keep all the growing crops free from damage from weeds and grass and to chop all cotton planted on said land, and shall gather, harvest and market said crops. Lessee agrees to provide and pay all costs of insecticides, dessicants and defoliation. 3. Lessee agrees to plant, cultivate and harvest crops of such diversification and acreage as may be agreed upon by the parties hereto prior to each planting season, or at such times during the year as may be necessary to determine what crops shall be planted, and such agreement shall be reached before cultiva- tion is commenced. 4. Lessee agrees that none of the tillable land will be allowed to lie out or be taken out of production without the consent of City in writing signed by its Director of Aviation at Lubbock, Texas. 5. Lessee agrees that if he, for any reason, fails to plant any crop or crops, in due time and season, or if planted or replanted and the crop be destroyed by the elements or otherwise fails to develop a stand which could be reasonably expected to mature into a profitable crop, such acreage shall revert to City absolutely, unless Lessee notify City in writing as soon as such condition reasonably can be determined, and obtains the consent of City to plant such acreage in such crops as may be mutually agreed upon, such consent of City to be in writing signed by its Director of Aviation at Lubbock, Texas. 6. Lessee agrees to keep down all noxious weed and grasses and prevent their seeding and spreading with the same precaution that any prudent farmer would exercise in the care of his own field, and to allow no volunteer crop of any kind to mature on said land. 7. Lessee agrees that as the crops are gathered from any of said land during the last year of this Lease, Lessee will surrender possession of such portions thereof, so that City or any future tenant may enter upon said land prepare it for cultivation for the following year; and that no crops which would not ordinarily be harvested before the termination of the last year of this Lease shall be planted without the consent of the City in writing signed by its Director of Aviation at Lubbock, 788 December 13, 1984 Texas, and any crops growing on said premises in violation of this provision shall revert to City as its absolute property, together with any plowing or work done by Lessee without the written consent of City as above provided. 8. Lessee agrees to pay to the City of Lubbock, Texas rent in accordance with the following schedule: A. One-third (1/3) of all grain produced. B. One fourth (1/4) of all cotton produced. C. One-third (1/3) of all Government payments for grain acreage diverted in accordance with Govern- ment conservation programs. D. One-fourth (1/4) of all Government payments for cotton acreage diverted in accordance with Government conservation programs. E. Cash rent as may be negotiated from time to time on other crops. Lessee shall deliver to the City at the cotton gin, free of any charges, one-fourth (1/4) of all lint cotton in the bale together with the seed therefrom, and shall deliver to the said City at any city designated elevator one-third (1/3) of all grain, feed -stuff, or other crop grown on said land. Providing that if cotton is sold as ginned, settlement for cotton and cotton seed shall be promptly made at Lubbock International Airport on the same day as the same is sold, or as soon as practicable thereafter. 9. Lessee agrees to keep all fences, buildings and other improvements in as good condition as they are in at the time of entry, the usual wear and tear and injury or damage by fire not the result of the negligence of Lessee or his agents and the elements or act of God excepted. And, if the buildings be destroyed or so damaged that they cannot be repaired except by substantially rebuilding them, City shall be under no obligation to rebuild or repair said buildings. No alterations in the buildings or improvements shall be made and no substantial improvements shall be placed on the premises by Lessee without the written consent of City, it being accepted that any improve ments placed thereon contrary hereto shall become the property of City and shall not be removed by Lessee, in whole or in part. 10. The Lessee shall procure and carry with insurers, authorized to do business in the State of Texas and satisfactory to the City, and at its own expense, insurance in the form and amount hereinafter stated on the said property, together with such other forms of insurance necessarily required by the City, dating from effective date of this Lease. Such insurance policies shall provide that loss, if any, shall be payable to the City for the account of the Airport Revenue Fund and shall be in the sum at least equal to the interests of the City in said property. The Lessee shall keep the said property so insured, free of cost to the City, during the term of this Agreement. REQUIRED INSURANCE: Fire, Windstorm, Extended Coverage in the amount of $2,000.00 on building #3 and in the amount of $6,000.00 on building #T-4001. 11. City reserves the right to go upon said premises at any time and to survey, lay off contour lines, build terraces and drill wells, construct and maintain water and other utility lines, and to make any improvements it sees fit, and should Lessee fail or refuse to properly tend, cultivate and harvest the crops on said land, City shall have the right to enter upon said land and hire sufficient labor for that purpose, the cost of which shall be repaid to City out of the portion of the crops belonging to Lessee. 12. Lessee shall not sublet said premises, or any part thereof, without the written consent of City, and should Lessee abandon said premises, or sell or attempt to sell any part of the crops before they are matured or harvested, all of his interest in all said crops shall be immediately forfeited to City, and City shall have the right to enter Vp8O and take possession of said premises and handle same in any 0dDD8r that may to it seem right and proper. 13. Lessee shall not have the privilege of pasturing or selling the stalk Or stubble field for pasturage and shall not pasture any Of the fields at any during the term Of this Lease except with the written consent of City, and in the event that stock are found grazing in the fields in violation thereof, it shall be lawful for City or its agent to cancel this Lease and to enter said premises and remove all persons therefrom and take possession thereof as liquidated damages, and any claim for damage by virtue of such entry by City is hereby expressly waived by Lessee. 14. Lessee agrees to give peaceable possession Of said property at the termination Of this Lease in as good condition as reasonable use and *ear will permit, it being the absolute intention of this Lease that the same shall expire upon the date above determined, and that Lessee shall not attempt to hold over under his Lease, or claim any renewal, extension Or continuance of this Lease, unless agreed to in writing and Signed by the parties hereto, and no Verbal agreement to abrogate the terms of this clause shall be binding or ddmiS3fhl2 in evidence. 15. In case of Sale of said premises during the occupancy by Lessee hereunder, and purchaser desires possession, Lessee agrees to surrender the Same at ODc8 upon receipt by him of the actual present value Of the growing crops, and the refund of the pro-rata part of the cash payment for grass land, if any, according to the calendar year that has passed, the value to be determined by three disinterested parties, one to be selected by City, one by Lessee and the two to choose a third, and their decision as to value shall be binding. 16. In the event Lessee foils or refuses to keep and perform any covenant Or condition Of this Contract in the time and manner herein stated, the City shall have the right, without notice or demand, to declare this Contract null and void and enter and take possession of said premises without being guilty of trespass and without prejudice to any Other remedy it may have for the collection of its rents or the enforcement of this 17. It is understood that this Lease is made subject to all existing easements and all rights under Mineral Deeds and Leases heretofore granted or assigned and recorded in the Records of said County and SUb'8Ct to the right of City to develop and explore for oil and gas and Other mfD8rd7s On Said lands, such rights and the right Of ingress and egress over and upon said lands in the exercise of Said rights, being therein expressly reserved to City, its agents, 3ucC8SS0rS and assigns. 18. Except as otherwise provided herein, this Contract and all rights, claims and demands created thereby or resulting therefrom shall he performed at the City Hall in Lubbock, Texas. lg. Lessee shall have and is hereby given the right to use the four (4) existing City Owned irrigation water wells, it is understood and agreed that Lessee shall provide the pumps and motors for the operation Of said wells. Lessee may drill additional water wells On the tracts of land herein described for the limited purpose of irrigating crops grown thereon, and it is Strictly UOd2r3tUOd that said wells shall be drilled at locations designated by the Director of Aviation of the City of Lubbock, without CUSt to the City, and that all wells drilled on said tracts Shall be the property Of the City, except that all motors and pumps used thereon are and shall remain the property of and shall be removable by Lessee, and City shall assert no claim thereto. 20. Lessee agrees to keep adequate records and books of account, to be open at all reasonable times for inspection by the Director Of Aviation and all other duly authorized agents of the City, and to annually render to the City d satisfactory written account showing the total O00b8r Of bales Of cotton produced from said land and/or the total OU0b2r of applicable units of other crops produced therefrom, and the value of 5d7e price thereof. 790 December 13, 1984 21. Lessee shall not transfer or assign this Agreement or any privilege hereunder, and shall not assign or sublease or in anywise encumber any part or all of the premises leased hereby, either voluntarily or involuntarily, without the prior written consent of the Airport Board. If Lessee, without securing such prior written consent, attempts to effect such a transfer, assignment, sublease or encumbrance, or if a transfer occurs by operation of law, the Airport Board may terminate this Agreement upon ten (10) days notice to the Lessee. 22. The taxiways, runways and adjacent safety areas of the Airport shall not be used by the Lessee or any agent, servant or employees of the Lessee as a passage or roadway for any tractor, plow, implement or other vehicle of any character, and shall not otherwise enter in or upon these areas or park any equipment or vehicle upon said areas. 23. No irrigation ditch shall be placed in such close proximity to a taxiway, runway or safety area so that the foundations thereof or surface may be flooded or weakened by water seepage, and no irrigation ditch shall be constructed at any location unless expressly approved by the Director of Aviation. 24. Lessee agrees to conduct farming operations in accor- dance with Airport safety and security rules, regulations and procedures that apply or may apply in the future to the areas and authorizations granted herein. 25. The Lessee covenants that during the time this Agree- ment is in force, he will at all times and in all seasons so cultivate all of said lands, whether planted or not, so as to prevent the blowing of top soil, sand and dust from said lands on to the landing strip areas and taxiways. 26. Lessee agrees to indemnify, defend and forever same the Airport Board and City, their authorized agents, representatives and employees harmless from and against any and all penalties, liability, annoyances or loss resulting from claims or court action of any nature arising directly or indirectly out of any acts or omissions of the Lessee, his agents, servants, guests, employees or business visitors under this Agreement. 27. The parties hereto mutually agree that fertilization of farm land is and will be mutually beneficial and should be undertaken as warranted. The City agrees to pay one-fourth (1/4) of any agreed fertilizing program on cotton crops and one-third (1/3) of any agreed fertilizing on all other crops. The parties agree that a Letter Agreement outlining the fertilizing program and its maximum monetary limitations shall be executed annually prior to commencing any fertilizing operations. The parties further agree that the City's share of agreed fertilizing operations shall be deducted from rentals owed by Lessee to the City in each and every year throughout the term of this Contract for any extension thereof. 28. The Lessee, its agents and employees will not discrim- inate against any person or class of persons by reason of sex, race, color, creed or national origin in providing any services or in the use of any of its facilities provided for the public, in any manner prohibited by the Federal Aviation Regulations. The Lessee further agrees to comply with such enforcement procedures as the United States might demand that the City take in order to comply with the Sponsor's Assurances (City). Lessee agrees to not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin. The Lessee agrees to take affirmative action to insure that applicants are employed and that employees are tested during employment without regard to their race, creed, color, sex or national origin. Such action shall include, but not be limited to employment, upgrading, demotion or transfer, recruit- ment, layoff, rates of pay or other forms of compensation, and selection for training, including apprenticeship. December 13, 1484 -QT The Lessee will conduct its activities and operate its facilities in accordance with the requirements of Section 504 Of the Rehabilitation Act of 1473 and will assure that OV qualified handicapped person shall, solely by reason of his or her handicap be excluded from participation in, be denied the benefits of, or Otherwise be subjected to discrimination, fOClUdfOg discrimina- tion in employment, under any program Or activity of the Lessee. Executed this 13th day of December, 1984. CITY OF LUBBOCK: BY: /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee Director of AYidt1OO APPROVED AS TO FORM: /s/ Michele Hart Michele Hart Assistant City Attorney 84-43A-79I-I260 /y4.\ LESSEE: K. F. THIEL & SONS The Airport has, for many years, leased its land in and around runways, taxiways, approach zones, and safety areas~ Kenneth Thiel has been conducting this farming operation for the past three years, having taken over the remaining Contract that Jack Henry and Jack Louden (partners) had for many years. Mr. Thiel and his sons now have three years experience with farming around our aircraft movement areas and have cooperated with our Airport requirements, and they have done a very fine '0b in caring for the land and maiOtaiDing our safety and security needs. - The proposed Contract is for five years, January l, 1985 through December 31, 1089, which can be extended year to year thereafter for a maximum of ten years. This covers approximately I,100 acres of Airport land, and the crops are usually cotton, grain, and onions, with some of the land being irrigated and some dry land farming. ID order to provide flexibility for Airport development, the City retains the right to change the farming area SO as to be able to make necessary Airport improvements. The Airport Board reviewed this farming operation and recommended approval Of the Contract to City Council. Motion was made by Councilman Brown, seconded by CVUOcilwO0dD Baker, authorizing R8S0lUti0O #1888 as set out above. Motion carried: 7 Yeas; 0 Nays. Consider Resolution authii the County of Lubbock and City of Lubbock for_ tion of a north access road at the Airport. RESOLUTION #1889 between 792 December 13, 1984 RESOLUTION #1889 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and the County of Lubbock for the construction of a north access road for the purpose of serving the north side Airport development and Air Traffic Control facilities, 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 13th day of December, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney The Airport Master Plan includes a north access road for the Air Traffic Control facilities and north side development. The FAA has requested that we consider this two-mile section of road at this time since other access east of the Airport is quite difficult at times. When Guava was closed because of runway approach clearances, a County road was improved for two miles east of Guava, and this is connected to a road which is paved but impassable at times because of standing water and/or drifting snow. The FAA has suggested that their share of funding for this north access road be secured from existing remaining unused funds from the Apron Expansion Grant. The Apron Expansion Project is now nearly complete and there has not been any expenditure made from Contingency Funds of $106,000. The City share of this Project would come from available General Obligation Bonds already sold. It is proposed that the City enter into an Agreement with the County of Lubbock whereby the County will provide construction of this road and the City will reimburse the County 100% for construction costs. In addition, the County will, at their expense, acquire right-of-way on the north one -mile portion and deed this over to the City at the completion of the Contract. The City and County each will share 50% of the cost for survey work. The City will be responsible for 100% of the costs for capping wells and relocation of an irrigation line on the south one -mile portion, and 100% of the cost of relocating utility lines for the entire two-mile section. The FAA will be participating 90% on only the south one -mile portion of the Project. This is because the south one -mile portion will be on existing Airport land and will not be providing private access as does the north one -mile section. The capping of existing wells and relocating of irrigation lines are on the south portion on which the FAA will be participating. The breakdown of road construction costs on this project is as follows: December 13, 1984 793 Total Project (2-mile section) = $132,000 City cost of construction = $ 66,000 Plus 10% of south 1 mile = $ 6,600 Total City cost --road construction = T 72,600 FAA Participation-- 90% of the south 1 mile = $ 59,400 Total Construction Cost = _132_.,000 There will be other costs for this Project, some of which will be eligible for Federal participation. The project budget is as follows: NON TOTAL NORTH ACCESS ROAD ELIGIBLE ELIGIBLE CITY 90%FAA 10% City CITY COST ------------------------------------------------------------ Construction (2 miles) 591,400 6,600 66,000 72,600 Relocate power lines 20,000 20,000 Capping wells, relocat- ing irrigation line & surveys 6,300 700 700 Engineering & Misc. 3,600 400 400 Administration 180 20 20 Contingency 6,570 730 7,730 SUB-TOTALS ------- $76,050 ------ $8,450 ------- $92,600 ------- $101,050 Total FAA Funding = $ 76,050 Total City Funding = $101,050 Total Project Budget = $177,100 The original budget for this north access road was $536,524; however, contracting with the County has proved advantageous to both parties. Construction will utilize the County's paving design and specifications which will provide an all weather surface. The approved Capital Projects Budget is for $133,000. If the Council approves this request, an amended Capital Projects budget item will be approved through the Budget and Research Department. The FAA has approved this proposed Contract with the County and we have completed the necessary changes to the original Grant. The Airport Board has reviewed this and recommends that City Council approve the Contract. Motion was made by Councilman Patterson, seconded by Councilman Nash authorizing Resolution #1889, as set out above. Motion carried: 6 Yeas; 1 Nay --Mayor Pro Tem Carpenter. 84-43A-793-1261 (25.) Consider Standard Utility Agreement with the State Department of Highways and Public Transportation and authorize the Mayor to execute same. RESOLUTION #1890 RESOLUTION #1890 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. 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 Standard Utility Agreement with the Texas State Department of Highways and Public Transportation, Account No. 9005-27-13, CSJ No. 0067-11-017 for Interstate Highway 27 Project in Lubbock, Texas for relocation and/or adjustment of water lines from 40th Street to Loop 289 South, 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. SECTION 2. THAT the Mayor is hereby authorized to execute any additional agreements, statements Or dOCU08Ots necessary to carry out the purposes of the Contract hereindb0Ye 08MtiO08d. Passed by the City Council this 13th day of December, 1984. /s/ Alan Henry ALAN HENRY, OR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Chief APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney This Agreement will provide for the State to compensate the City for work dOM8 associated with the storm drainage system in 48th Street. The original Agreement provided that all utility adjustments would be performed by the Contractor during the construction work for the State. However, during the course of the construction, the City has been iOVOlVgd in relocation of water and wastewater utilities. This Agreement is their standard Agreement for compensating the City for work done. Motion was made by Councilman Nash, seconded by Councilman Brown, authorizing Resolution #I890, OS 32t out above. Motion carried: 7 Yeas; O Nays. 84-43A-794-1262 (26.) Consider accepting work done under Contract for Frankford Avenue Water Distribution Main and authorizing final payment to the Contractor. 84-43A_794-1203 (27.) Consider d Resolution accepting t d sewer 7mpr0V20eDt3 in the M8dU0wS Addition, Lots 1346-1433. RESOLUTION #189I RESOLUTION I891 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1346 THROUGH 1433, THE MEADOWS ADDITION. WHEREAS, the developer of Lots 1340 through 1433, the Meadows Addition, have complied with the provision Of the City of Lubbock Code, Chapter 28, Article TV, by providing the water and Sewer i0pr0Ve02DtS for said addition in accordance with paragraph 156 of said Chapter 28, and WHEREAS the total utility cost to the developer is $34,144.77 with the improvements constructed by Panhandle Construction CO. hdYfDg d value of $24,823~65 OS determined by the unit prices established by said Chapter 28, and $5,677.76 CdSh paid to the City with Gary L. Johnson, the developer to receive d refund Of $3,643.36 in accordance with Chapter 28 of the Code of the City of Lubbock and a refund of deposit in the dmOUOt Of $159.30, and WHEREAS, the construction Of the Said water and sewer 1mVr0Ye080tS 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: l. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system Of the City Of Lubbock. 2. That the refundable cost in the OmVUOt Of $3,543.36 be made in accordance with said Chapter 28. 3. That a refund of deposit be made in the O0VuOt of $159~30. 4. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13th DAY OF DECEMBEQ, I984. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Wilford Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: Ci—ty Attorney /s/ Alan Henry Mayor Motion was made by Councilwoman Trej0, seconded by Councilwoman Baker accepting work done under Contract for FraOkf0rd AYeOUS Water Distribution Main and authorizing final payment to the Contractor; and authorizing Resolution #1891, as Set out above. Motion carried: 7 Yeas; O Nays. 84-43A-795-1264 (28.) Consider an Order and Resolution pertaining to a Rate Change Application filed by Lubbock Power and Light and RESOLUTION #1892 ORDER AND RESOLUTION AN ORDER AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, PERTAINING TO A RATE CHANGE APPLICATION FILED WITH THE CITY SECRE- TARY BY LUBBOCK POWER AND LIGHT AND WATER. WHEREAS, Lubbock Power and Light and Water heretofore UpUD September 5, 1984, filed On application with the City Secretary of the City of Lubbock pertaining to establish a change in tariffs with regard to cus- tomers paying bills by automatic bank draft; and 17 1 ��J || WHEREAS, such changes are not major changes; and WHEREAS, such rate changes will result in a savings to affected customers of the utility; NOW THEREFORE: ~` BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 796 December 13, 1984 THAT Lubbock Power and Light and Water may implement the changes in tariff filed with the City Secretary of the City of Lubbock, a copy of which statement of intent is attached hereto as Exhibit A, as of October 10, 1984. Passed by the City Council this 13th day of December, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Director of Electric Sales and Service Q 91 ff ff 10 A 9 F All will F101 a /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney At the request of Council at the November 15, 1984 meeting, Staff looked into the feasibility and effect of a 1% discount for customers who pay their electricity bills by bank draft. Based on the present number of customers who pay by this method, the total effect on revenue as a result of this discount would be a reduction of $11,650.13, based on an average bill of $43.38 for 2,238 customers. By granting this additional 1% discount it is estimated that approximately 800 more of our present customers will initiate the bank draft method of payment, affecting revenue further by $4,164.58, for a total effect for 3,038 customers of $15,814.61. Since the request is not for a major rate change and is involving a reduction, City Council had the option to approve the change without a hearing and without the usual 35-day waiting period, allowing for an implemen- tation date of January 1, 1985. The proposed discount would be insignificant as far as the effect on total revenues and the benefits would be improved cash flow and public relations. The Electric Utilities Board reviewed this proposal and recommended its approval to City Council. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Carpenter authorizing an Order and Resolution #1892 as recommended by the Electric Utilities Board and City Staff and as set out above. Motion carried: 7 Yeas; 0 Nays. 84-43A-796-1265 (29.) Consider a Resolution authorizing the Mayor to sign a Contract and related documents with the Texas Depart- ment of Community Affairs for an Energy Crisis Inter- vention Program. RESOLUTION #1893 RESOLUTION #1893 WHEREAS, federal funds of the Department of Energy are to be made available through the Texas Department of Community Affairs to local agencies for the establishment of an Energy Crises Intervention Program for fiscal year 1985, and 7, WHEREAS, the Texas Department Of Community Affairs will select local dgeOCYe5 to administer this program, and WHEREAS, the Texas Department of Community Affairs has made it known that the City of Lubbock will certainly be selected as one of the local agencies for funding, and WHEREAS, the T8XdS Department Of Community Affairs will forward 3 grant funding agreement to the City Of Lubbock sometime after December 13, 1984, and WHEREAS, there is a need for the City to assist the grant as 3OOn as possible in order that the program be made available to eligible applicants in time of greatest need; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Of the City Of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock d grant funding agreement between the City of Lubbock and the Texas Department of Community Affairs providing for funding for an Energy Crises Intervention Program for fiscal year 1984; provided however, this authorization is subject to the following conditions: (a) That the grant agreement be approved by the City Attorney. (b) That no matching funds are required on behalf of the City. (C) That 6% of available program funds be available for adminis- trative costs. /d\ The eligibility Of applicants will pertain to low income families only. Households with elderly Or handicapped individuals would receive priority consideration. Families receiving AID to Families with Dependent Children or Supplemental Security Income would be automatically eligible. /e\ Utility bill payments could be made in the actual a0OUDt needed to prevent disconnection of service Or to restore service, but the amount could not exceed $400^00. Passed by the City Council this 13th day of December, 1984. /s/ Alan Henry ALAN HENRY, OR ATTEST: Kan8tte Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita Harmon Rita Harmon, Assistant City Manager APPROVED AS TO FORM: /s/ Laura J. Monroe Laura J. Monroe, Assistant City Attorney The purpose of the Energy Crisis Intervention Program is to provide assistance to low income, elderly and handicapped persons with payments Of utility bills during the winter season, and priority is given to households with elderly or handicapped individuals. Payments are made directly to the utility companies in order to prevent utilities from being disconnected for non-payment. Each Winter, the social service agencies in Lubbock receive more requests for assistance with utilities bills than funds are available. Agencies have attempted to pool their r83VUrc8S to meet the needs, but grant funds are needed. On October 5, 1984, the Texas Department of Community Affairs conducted a Public Hearing in Lubbock to receive input on the needs Of the local CO00UOitv, and based on the needs identified, regulations are developed and agencies are selected. 798 December 13, 1984 The Community Services Department has been contacted by the Texas Department of Community Affairs and has been verbally notified that the City of Lubbock will receive a Grant from TDCA in the amount of $53,821.00 to provide utility assistance to eligible participants. TDCA will forward a Funding Agreement to the City of Lubbock for approval within the next two weeks. Because of the impending bad weather, there is a need for the City to be able to execute a Contract with TDCA as soon as it is received so that we can begin dispersing assistance immediately upon receipt of funding. A Resolution was drafted that would authorize the Mayor to execute on behalf of the City, a Funding Agreement between the City of Lubbock and the Texas Department of Community Affairs for Fiscal Year 84-85, provided however that the Funding Agreement and the authorization include the following conditions: 1. That the Grant Agreement be approved by the City Attorney before being signed by the Mayor. 2. That no matching funds be required on behalf of the City. 3. 6% of the available Program funds be avail- able for administrative costs. 4. The eligibility of applicants will pertain to low income families only, with priority being given to households with elderly or handi- capped individuals. 5. Utility payments will be made in the actual amount needed to prevent disconnection of service or to restore service, but not to exceed $400. Although the Funding Agreement had not been received at the time of Council meeting, it was recommended that the Mayor be authorized to sign the Agreement when it is received and that the City be authorized to begin dispersing funds provided that the conditions outlined in the Resolution are included in the Funding Agree- ment. Motion was made by Councilman Nash, seconded by Councilwoman Trejo, authorizing Resolution #1893 as set out above. Motion carried: 7 Yeas; 0 Nays. (30.) Consider Resolution amending the By -Laws of Lubbock Health Facilities Development Corporation. RESOLUTION #1894 RESOLUTION #1894 WHEREAS THE BOARD OF DIRECTORS OF LUBBOCK HEALTH FACILITIES DEVELOP- MENT CORPORATION HAVE ADOPTED THE FOLLOWING AMENDMENT TO SECTION 1.3 OF THE BYLAWS OF SAID CORPORATION: Section 1.3. Limitation on Purposes. In the exercise of its powers and the accomplishment of t e purposes of the corporation, no real, personal, or mixed property shall be acquired, constructed, provided, improved, financed, or refinanced unless (i) such property constitutes a "health facility", as defined in the Health Facilities Development Act, Chapter 783, Acts of the 67th Legislature, Regular Session, 1981 and (ii) the "user" of such "health facility" is a "non-profit corporation", as defined in the Hospital Project Financing Act, Article 4437e-2, Vernon's Texas Civil Statutes and such user is an organization described in Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, and is exempt from tax under Section 501(a) of such Code, or the "user" is a "user" under the Health Facilities Development Act which meets the following criteria: A. The "health facility" of such "user" is one requiring d Certificate Of Need from the Texas Health Facilities Commission and prior to final approval Or Other action of the board Of directors of this corporation in connection with Such facility, such Certificate of Need shall have been obtained. B. The board of directors of the corporation shall have determined that the "health facility" would be beneficial to the public and the public interest would be Served by the acquisition, construction, providing for, improving, financing or refinancing of such health facility. WHEREAS, Section 3.05 of Article 1528, V.A.C.S., requires that the adopted amendment to the Bylaws of the Lubbock Health Facilities Develop- ment Corporation be approved by the City Council Of the City of Lubbock, and WHEREAS, the City Council Of the City of Lubbock deems it to be in the best interest Of the citizens of the City Of Lubbock that such amendment as above 58t forth be approved; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the amendment to the Bylaws of Lubbock Health Facilities Develop- ment Corporation, as her2iDdb0ve set forth, RE and is hereby approved. Passed by City Council this 13th day of December, 1984. MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Manager APPROVED AS TO FORM: John C. Ross, Jr., City Attorney When the City Council originally established the Health Facilities Development Corporation, they stipulated in the By -Laws that the recipient of any financing issued by LHFD would be d non-profit corporation and be the holder of a Certificate Of Need. Sometime later, the Board of Directors of the Lubbock Health Facilities Development Corporation approached the City Council and asked them to remove the "non-profit" portion of the requirement, enabling d for -profit corporation that held d Certificate of Need to participate in financings issued by the Health Facilities Development Corpora- tion. Now it is the wish Of the Lubbock Health Facilities D8V9lVp08Ot Corporation Board that the restriction Of being d corporation be removed, enabling such entities as sole proprietorships Or partnerships to have a Certificate of Need and participate in tax exempt financings from the Lubbock Health Facilities Develop- ment Corporation. Motion was made by Councilwoman Baker, S8COOded by Councilman Nash to approve QesOlUt18D #1894, as set out above. Motion Carried; 7 Yeas; 0 Nays. P.O. L-13541 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Do ro t h y R u s s e I I a Notary Public in and for Lubbock County, Texas on this day personally appeared Steve BeasIey9 Advertising Director 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. 508685 at Lubbock County, Texas and the attached print- ed copy of the Legal Notice is a true copy of the original and was print d in the Lubbock Avalanche -Journal on the following dates: November 14 9 21 + 30 9 1984 140 Words @ 1.05 Per word = $1 .00 A.AcIaQIDANCEi Advertising Director LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 16 t h day of January- 19 85 FORM 58-10 84-43A-800-1267 ( 9.A) j �6�� ug- F�-� DOrROip=.Y RUSS t xas wa?sty Pt�h!i� Stag, T� 0 3r' m r71 t.X pii ��, ri;i'�. Hold a Public Hearing concerning development of Parks Mineral Estate in accordance with provisions of Section 26.001 of the Parks and Wildlife Code of the State of Texas. Mayor Henry opened the Public Hearing at 10:15 a.m, and no one appeared to speak either for or against this proposed development. The Public Hearing was set to satisfy requirements of Section 26.001 of the Texas Parks and Wildlife Code. The Hearing was advertised three times in accordance with the State Statute. Mayor Henry closed the hearing. Consider approval of findings as required by Section 26.001 of the Parks and Wildlife Code of the State of Texas. November 8, 1984 the City Council approved a Resolution authorizing the Mayor to sign an Oil and Gas Lease of approximately 1,200 acres of City parks land to Mr. W.E. Medlock, Sr. The previous item was the Public Hearing required by the State Parks and Wildlife Code and after the hearing, City Council was informed that their findings must be that: 1. There is no feasible and prudent alternative to the use or taking of such land, mineral estate; and 2. Such program/project includes all reasonable planning to minimize harm to such land resulting from the proposed use or taking. With reference to the first finding the Council may determine that there is no "feasible and prudent" alternative to extract oil/gas from beneath the surface other than to use selected areas of the surface to drill wells. Also, that geologic formations determine the location of deposits and corresponding well sites. Council affirmed that the land will continue to be used .for park purposes.,- and noted that the voters of the community have approved the development of mineral estates in City Park lands. With reference to the second finding, the mechanism to minimize harm to the land is already established by the City's Drilling Permit Process. Each drill site and conditions related thereto must be approved by the City Council. Mr. Medlock has filed Applications for two Drilling Permits for sites in Yellowhouse Canyon Park. Contingent upon favorable findings by Council on this item, approval was recommended. Motion was made by Councilman Nash, seconded by Councilwoman Baker affirming that provisions of Section December 13, 1984 801 7 7­� 7 P.O. L-13541 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Dorothy R us s e I I a Notary Public in and for Lubbock County, Texas on this day personally appeared Steve BeasIeyf Advertising Director 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. SOA RS at Lubbock County, Texas and the attached print- ed copy of the Legal Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: November 14921v30+ 1984 140 Words Ca 1.05 Per word = $147.00 Advertising Director LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 161 hday of January_ 19 85 FORM 58-10 No!ary Public In And For the Stat OI iexaLs�""� My Commission Expires Nov. 9, 1998 84-43A-801-1268 (9.B) Hold a public hearing for the purpose of considering the request of Medlock Operating Company for an Oil and Gas Drilling Permit on a tract of land that is 330 south and 67 east of the northwest corner of Section 12, Block , Lu ock County, Texas in the park area north of the Soccer Complex). Mayor Henry opened the Public Hearing at 10:20 a.m. and Mr. W.E. Medlock spoke affirming that he was agreeable to changes proposed by Staff, those being: 1) earthen pits not be allowed as proposed by proponent, and, instead, steel sludge pits be required; and 2) that landscaping be according to the drawing submitted (attached to and made a part of the Oil and Gas Drilling Permit File for Medlock Comanche Canyon #1). No one else appeared to speak for or against this issue and Mayor Henry closed the Hearing. Consider approval of an Oil and Gas Drilling Permit for Medlock Comanche Canyon #1. On November 13, 1984, Medlock Operating Company made application to drill the Medlock-Comanche Canyon #1. The well is proposed in the area north of the Lubbock archaeological site and the Burl Huffman Soccer Complex. The application is substantially in order. The storage tanks will be in conjunction with storage for #2, and will be located at the corner of Sections 12, 13, 14, and 2 of Block A, Lubbock County, Texas. The east/west section line is aligned with Kent Avenue and the north/south section line would be Indiana, if extended. The production unit is 40 acres and is unitized. The Application states that a minimum 3,000 psi blowout protector will be installed, that disposal of waste products will be at a Railroad Commission approved dump, and that earth sludge pits will be used. In the Application, landscaping is not proposed at the storage site or at the well site. The Applicant understands, however, that a Landscape Plan will be required. Short Term Land Use Impacts: Dust, noise and traffic associated with drilling should affect the public minimum because of the remote location of the well. The park area is not used adjacent to this proposed location for organized or informal park uses. Potential Lonq Term Land Use Impacts: The tract is owned by the City of Lubbock and is desig- nated as park land. At present, no formal or informal development of the area has occurred for recreational 802' December 13, 1984 uses. The land area is also designated as a National Archeological District. A Public Hearing will deter- mine the location of wells and storage in the district. With precautions for future development, the pump jacks and storage facilities as an existing feature can be entirely compatible. The landscape should be coordi- nated at a later date between the permittee and the Parks Department. Ingress/Egress: The route to the well site should be as stated in the Application, a dirt road from Quaker Avenue along the north lease line. Recommended Permit Conditions: 1. No hydrocarbon lubricant (waste oil) shall be used in the drilling mud or to free -up the hole during drilling until surface casing is set for a minimum of 350'. 2. The Permittee shall require the Contract Driller to set the first series of surface casing to a depth of 350' before proceeding with dril- ling. 3. The Applicant shall require the Contract Driller to notify the Texas Railroad Commission (Lubbock office) of the intended dates for casing the Medlock Comanche Canyon #1. The casing of the well shall be in substantial compliance with Rule # 13 of the Texas Railroad Commission. 4. The Permittee shall coordinate a Landscape Plan with the Parks Department, and such Landscape Plan is to be presented to the City Council before the Permit to Drill is issued. 5. In addition to the requirements of Section 14-167 for a "substantial cyclone fence", the Permittee shall install barrier -type fencing at the top of the required fence. 6. The Permittee shall meet all other conditions of Section 14 of the Lubbock Code and those specifi- cations contained in the Application for Medlock Comanche Canyon #1. 7. Because of the existing, producing water wells near the proposed site, steel sludge pits must be used. 8. This Permit is contingent upon the payment of all monies due and owing to the City of Lubbock by the Lessee/Permittee. 9. This Permit is also contingent upon the Permittee receiving approval of the Texas Antiquities Committee as provided for in the Texas Antiquities Act and any other relevant State legislation. Motion was made by Councilwoman Baker, seconded by Councilman Patterson approving the application for oil and gas drilling permit for Medlock Comanche Canyon #1 well, stipulating that steel sludge pits be installed (rather than the requested earthen sludge pits) and that a landscape plan approved by the Parks Department be required. Motion carried: 7 Yeas; 0 Nays December 13, 1984 ,8031 F- 7 FJ THE STATE OF TEXAS P.O. L-13541 COUNTY OF LUBBOCK Before me _Dorothy Russel I a Notary Public in and for Lubbock County, Texas on this day personally appeared S t ey e Be as I e Y 9 Ad v e r t is i n g Di re c to r 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 LEBa I Notice No. 508685 at Lubbock County, Texas and the attached print- ed copy of the Legal -Notice is true o of the original and was printed in, t u ,,,,Lubbock Avalanche -Journal on the following dates: t�o v e m�i 149219309 1984 140 Words (a 1.05 Per word = $147.00 = , Advertising Director LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 16 t h day of J a n u a ry FORM 58-10 84-43A-803-1269 19 85 ( 9.C) Hold a Public Hearing for the purpose of considering the request of Med ock Operating Company for an Oil and Gas Drilling Permit on a tract of land that is 1263 south and 346 east of the northwest corner of Section 12, Block A, Lubbock County, Texas in the park area north of the Soccer Complex . Mayor Henry opened the Hearing at 10:27 a.m, and no one appeared to speak. Mayor Henry closed the Hearing after brief discussion by Council. Consider approval of an Oil and Gas Drilling Permit for Med ock Comanche Canyon #2. On November 13, 1984, Medlock Operating Company made Application to drill the Medlock-Comanche Canyon #2. The well is proposed in the area north of the Lubbock Archaeological Site and the Burl Huffman Soccer Complex. The Application is substantially in order. The storage tanks will be in conjunction with storage for #1, and will be located at the corner of Sections 12, 13, 14, and 2 of Block A, Lubbock County, Texas. The east/west section line is aligned with Kent Avenue and the north/south section line would be Indiana, if extended. The production unit is 40 acres and is unitized. The Application states that a minimum 3,000 psi blowout protector will be installed, that disposal of waste products will be at a Railroad Commission approved dump, and that earthen sludge pits will be used. In the Application, landscaping is not proposed at the storage site or at the well site. The Applicant understands that a Landscape Plan will be required. Short Term Land Use Impacts: Dust, noise and traffic associated with drilling should affect the public at a minimum because of the remote location of the well. The park area is not used adjacent to this proposed location for organized or informal park uses. Potential Long Term Land Use Impacts: The tract is owned by the City of Lubbock and is desig- nated as park land. At present, no formal or informal development of the area has occurred for recreational uses. The land area is also designated as a National Archeological District. A Public Hearing will deter- mine the location of wells and storage in the district. With precautions for future development, the pump jacks and storage facilities as an existing feature can be entirely compatible. The landscape should be coordinated at a later date between the Permittee and the Parks Department. Ingress/Egress: 8014, December 13, 1984 Recommended Permit Conditions: 1. No hydrocarbon lubricant (waste oil) shall be used in the drilling mud or to free -up the hole during drilling until surface casing is set for a minimum of 350'. 2. The Permittee shall require the Contract Driller to set the first series of surface casing to a depth of 350' before proceeding with drilling. 3. The Applicant shall require the Contract Driller to notify the Texas Railroad Commission (Lubbock office) of the intended dates for casing the Medlock Comanche Canyon #2. The casing of the well shall be in substantial compliance with Rule 13 of the Texas Railroad Commission. 4. The Permittee shall coordinate a Landscape Plan with the Parks Department. Such Landscape Plan shall be presented to the City Council before the Permit to Drill is issued. 5. In addition to the requirements of Section 14-167 for a "substantial cyclone fence", the Permittee shall install barrier -type fencing at the top of the required fence. 6. The Permittee shall meet all other conditions of Section 14 of the Lubbock Code and those specifi- cations contained in the Application for Medlock Comanche Canyon #2. 7. Because of the existing, producing water wells near the proposed site, steel sludge pits must be used. 8. This Permit is contingent upon the payment of all monies due and owing to the City of Lubbock by the Lessee/Permittee. 9. This Permit is also contingent upon the Permittee receiving approval of the Texas Antiquities Committee as provided for in the Texas Antiquities Act and any other relevant State Legislation. Motion was made by Councilman Nash, seconded by Councilwoman Trejo approving this application for Oil and Gas Drilling Permit as set out above, and with the same stipulations as in permit for Medlock Comanche Canyon #1 Well. Motion carried: 7 Yeas; 0 Nays. 84-43A-804-1270 (31.) Consider Resolution authorizing the Oil Lease Unitization Agreement. RESOLUTION #1895 r to sign an December 13, 1984 805 RESOLUTION #I845 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 d Unit Agreement, EdmisS0D /Cl8arfOrk\ Field, Lubbock County, Texas, attached herewith, which shall be spread upon the minutes of the COUUC1l and OS spread UpOO the minutes Of this Council shall constitute and be d part Of this Resolution JG if fully copied herein in detail. Passed by the City Council this 13th day of December,1984. /s/ Alan Henry � ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Manager APPROVED AS TO FORM: John C. Ross, Jr., City Attorney The City Of Lubbock 0wO5 d parcel Of land that is a southern portion of the Airport property known legally as the north half Of Section 10, Block A, of Lubbock County, Texas. The mineral rights under this land are currently leased to S.E. Cone, Jr., until August 28, 1985. Mr. Cone has presented to the City a Unit Agreement to include forty acres of this one-half section in a Secondary Water Flood Recovery Program. This Unitization Proposal 1DClud85 a fairly large area that is outlined on d map labeled Exhibit B within the Agreement. The total acreage in the unit is 4,379.08. The production to be allocated to the property that belongs to the City of Lubbock is .12730% Of the total unit. The proposal has been reviewed by the City Attorney/5 Office and the Planning Department with no exceptions noted. L.D. Sherman, d Petroleum Engineer OO the City Staff, has reviewed the proposal thoroughly and he and Assistant City Manager Robert Massengale 02t with Steve Cone and have cleared questions that the Staff had about the unit. Any new injection wells Or production wells dSS0Ciat8d with this Unit and drilled inside the City Limits of Lubbock, Texas will be subject to City Ordinances. The dmVUOt Of money to be received from this production will be minimal, approximately $25 to $100 per month. After thorough study, the Staff advises that this is probably the only possibility that the City will have to receive any money from oil production UO this property and therefore, recommends approval Of the Resolution. Motion was made by Councilwoman Raker, seconded by Councilman Brown, authorizing Resolution #I895, as set out above. Motion carried: 7 Yeas; 0 Nays. 84-43A-805-1271 (32.) Consider an Ordinance amending Section 8-4 of the Code of Ordinances with reqard to Citv Votinq Precincts. ORDINANCE #8694 8506 December 13, 1984 ORDINANCE NO. 8694 AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, TO PROVIDE FOR VOTING DISTRICTS OF THE CITY OF LUBBOCK AND PROVIDING DESCRIPTIONS OF SAID VOTING DISTRICTS; PROVIDING FOR AMEND- MENT OF BOUNDARY DESCRIPTIONS OF VOTING PRECINCTS TO ACCOMMODATE AREAS NEWLY ANNEXED TO THE CITY OF LUBBOCK; PROVIDING FOR THE CREATION OF TWO NEW VOTING PRECINCTS AND PROVIDING BOUNDARY DESCRIPTIONS OF SAID PRECINCTS; PROVIDING A MAP OF THE VOTING PRECINCTS AND VOTING DISTRICTS OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT HEREIN AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 84-43A-806-1272 (33.) Original Copy of Lease filed w/ Original Resolution In accordance with City Council instructions, the City Attorney's Office prepared an Ordinance amending Chapter 8 of the Code of Ordinances with regard to election precinct changes necessitated by the Carlisle Annexation. This annexation required the creation of two new City Voting Precincts (#31 and #32). The boundary between the two precincts, as well as the numbers for them, track the existing County Voting Precincts in the newly -annexed area. Essentially, #31 is the north 1/2 of Carlisle, while #32 is the south 1/2. The polling place for #31 will be Reese Elementary School and the Frenship School District has given their approval for that use of the school. At the present time, there does not appear to be a suitable public building in #32, so it probably will be consolidated with the nearest voting precinct to the east until such time as a suitable location is obtained with in the new precinct. Creation of the two new precincts also required amendment of the boundary descriptions of four additional precincts (#'s 53, 57, 58, and 59), since their west boundaries are no longer the City limits. There was no substantive change, but merely a change in the description of their west boundary lines. A new paragraph was added to Section 8-4 setting out the Voting Districts and indicating which City Voting Precincts are to be contained within each Voting District. The Districts contain the precincts determined by the City Council at the November 15, 1984 work session. The remainder of the Ordinance is routine provisions with regard to publication, maps, etc. Motion was made by Councilwoman Baker, seconded by Councilman Brown, passing Ordinance #8694 on first reading. Motion carried: 7 Yeas; 0 Nays. BID #8040--Oil and gas lease --and authorize same Property Management). RESOLUTION #1896 RESOLUTION #1896 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 Oil and Gas Lease between the City of Lubbock and Texland Petroleum, Inc., attached herewith, which Shall be spread UpnM the minutes of the Council and as spread UpVD the minutes of this Council shall COOStitUt8 and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this I3th day Of December, 1984. /s/ Alan Henry ALAN HENRY, OR ATTEST: Ranette Boyd, City Secretary /s/ Robert Massengale Robert Massengale, Asst. City Manager APPROVED AS TO FORM: /s/ Laura J. Monroe Laura J. Monroe, Asst. City Attorney BID FOR OIL AND GAS LEASE WITH THE CITY OF LUBBOCK, TEXAS AFFIDAVIT STATE OF TEXAS COUNTY OF TARRANT The Undersigned, R. J. Schumacher being Of lawful age, being first duly sworn, states upon Oath that he is President Of Texldnd Petroleum Inc., the Bidder, and being duly authorized and being informed as to the terms of the Oil and Gas Lease Agreement, proposes to enter into said Lease Agreement with the City Of Lubbock, in accordance with the terms, conditions, and exceptions Set forth in the Instructions to Bidders, and the Oil and Gas Lease enclosed with "Solicitation for Bids" dated October 22, 1984. ------- � l. BID AS set Out in the Oil and Gas Lease Agreement, the Undersigned agrees to pay the City as follows: (State in words and figures) Bonus: Twenty -Five Thousand Five Hundred Dollars ($25,500.00) As part of this bid, the Undersigned submits herewith the following: (d) d cashier's Or certified check issued by a bank satisfactory to the City of Lubbock Or a Standard Commercial GUdrdOtv 8VMd in the penalty O0nUDt Of Five Thousand and No/100 Dollars /$5,000.00\ as required by paragraph 3, "The Bid" Of the Instructions to Bidders. ------- The Undersigned, if he is notified that he has Submitted the succeSful bid, agrees that he will within ten /lO\ days of approval of the Lease execute the aforesaid Oil and Gas Lease with the dfOrestated Bid incorporated herein. It is understood that the executed Lease will not be binding upon the parties VRl83s and until it is approved by the City Council of Lubbock, Texas. The Undersigned represents that this bid is made without any connection with any other person making d bid for the SO0e purpose and that it is in all respects fair and without collusion or fraud; that no COUDCil0aD, or other officer or employee Or person whose salary is payable in whole or in part from the City Treasury is directly interested therein Or in the supplies, materials, or equipment and work Or labor to which it relates, Or in any portion Of the profits thereof; that the 808 December 13, 1984 bidder is not in arrears to the City of Lubbock, Texas or to any agency thereof upon a debt or contract and is not a defaulter, as surety or otherwise, upon any obligation. 2. QUALIFICATIONS The Undersigned gives the following information and covenants that the bidder is fully qualified to conduct operations on the land to be leased in accordance witht he terms and conditions of the attached Oil and Gas Lease. The Undersigned further swears and affirms that the following submitted information is true and correct. a. The following is a list of all producing Leases operated by the Bidder in the Lubbock area. (Not limited to Lubbock County and including Garza, Hockley, Hale and other surrounding counties). COUNTY Wells Operated by TEXLAND PETROLEUM, INC. LEASE & WELL Crosby Winnie Barnett #1 - #3 Winnie Barnett A #1 & #2 Cannon Estate McGee Price Thomas #15-1 - #15-15 Price Thomas #1106-1 - #1106-4 Price Thomas #1117-1 - 1117-11 Price Thomas #1118-1 - 1118-4 Durward E. Woodward #1 - #3 Dickens Pike Dobbins Hockley Mack Alexander #1 & #2 Armes -Bacon #1 - #8 D. B. Bryan A Children's Home #1 - #2 L. Combs F. E. Crume #1 & #2 Jack Goodgion F. A. Hilley #1 - #4 Vandiver F. Veretto #1 - #3 Levelland (Abo) Unit, Wells #1 - #14 NE Sundown (San Andres) Unit, Wells #1 - #21 Lubbock C. A. Bassinger Burford -Green Burford -Jordan Burford-Poyner Burford -Martin W. 0. & R. E. Byers Carpenter M. L. Crawford Virgie Crossland R. A. Davis Griffis -Westinghouse E. W. Harkey M. L. Harmon Hillcrst Country Club #1 - #5 R. L. Hooten #1 - #3 A. L. Horne E. C. Horne Olen Horne Johnson G. H. Johnson Blanche Letbetter #1 - #5 Lubbock Country Club #1 - #4 Lubbock State School #1 - #3 Lucille Addition #1 Lulain Estate #1 - #4 Meador #1 Northridge Addition O'Hair #1 & #2 O'Neal Owens Red Raider Unit Sam Rosson Earl & Katy Rowan #1 - #6 A. Seggern H. A. Sessions L. Edwin Smith #1 - #6 Stallings, et al B. A. Stephenson #1 & #2 Wayne Teal L. D. Tisdale James Vickers 0. A. Webb Estate #I ~ #3 T. P. & F. J. Welch L. C. Wheeler L. C. Wheeler A East Broadview Unit, Wells #1 - #5I Terry V. Lundell Pauline Morgenstern #I - #I0 Warhorse Unit, Wells #I - #46 The total number of wells operated within the above counties is over 300. b. The following is a list of Bank reference. Texas American Bank/Fort Worth 80X 2050 Fort Worth, Texas 76101 Attention: Mr. Peter A. MaC0Ueen First State Bank Box 3218 Abilene, Texas 79604 Attention: Mr. Sydney E. Niblo The Undersigned hereby affirms that the bidder is authorized to conduct business in the State Of Texas. TEXLAND PETROLEUM, INC. Bidder BY: R. J. Schumacher R. J. SchumdChPresident ATTEST: /s/ Susan Brooks Secretary STATE OF TEXAS COUNTY OF TARRANT Subscribed and sworn to before me, a Notary Public in and for Said County and State aforesaid, this 21st day of November, 1984. Nancy J. Friar Notary Public in and for Tarrant County, Texas Nancy J. Friar My Commission Expires: 12-13-85 The City advertised for bids for an oil lease On City property which is bounded OD the west by Quirt, the east by Guava, the north by UrsU(iDe and UD the south by Erskine Street. The term of the Lease is three yeas and the bonus offered by the bidder, Te:ldnd Petroleum, is $25,500. The Royalties are 25% of ten barrels per day, plus 22% less than ten barrels per day. Staff recommended approval of this as being the highest bid. 84-43A-809-1273 /34.\ BID RESOLUTION #I897 OIO December 13, 1984 RESOLUTION 1897 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 d contract between the City of Lubbock and McGraw Edison Company for a 60/80/I00 MVA - 230/II5/69KV transformer, attached herewith, which shall be spread UpOO the minutes Of the Council and as spread Up0M the minutes of this Council shall constitute and be d part Of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of December, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: Rdnett8 Boyd, City Secretary APPROVED AS TO CONTENT: Carrollld Carroll McDOAa\d, Director of Electric Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver-, Assistant City Attorney McGraw -Edison, Amarillo, Texas --Transformer 60I80/100 MVA - 230/115/64 KA 84-43A-810-1274 (35.) BID 8I39 Tr f0 3ecV d d authorize (Electric Distribution). RESOLUTION #1898 RESOLUTION 1898 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 UO behalf Of the City of Lubbock d C0OtrdCt between the City Of Lubbock and McGraw Edison Company for two 115/69/I2.5 KVA - 15/20/25 MVA transformers, attached herewith, which shall be spread upon the minutes Of the Council and as Spread Up0A 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 13th day of December, 1984. MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Carroll APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney McGraw -Edison, Amarillo, Texas --Transformers D23C^ 1I5/69/I2.5 KV - I5/20/25 MVN December T]^ 1984 8ii 84-43A-811-1275 /30.\ BID #8228--Projectors, cameras, recorders (various Lubbock Audio Visual, Lubbock--1 each T8Scam 22-4 tape recorder 4 CH, pitch control cue feature 4UU meters micro touch (or equal); l each Tascam 22-2 reel to reel recorder w/3 heads 15- 7 I/2 IPS speech two motors (or equal); I each Ta5cd0 N0-20 mic mixer expansion option 6 i0pUtS, 6 outputs equalizer /0r equal); I each T5sCam 8X 20 0ic mixer with 4 i0pUts, 4 outputs (or pqUO/\; 1 each TaSCam PE-20 equalizer 0UdUl2 for 00-20 (or equal); I each AMX-MX - 30 wireless slide projector remote control 0n-off forward - reverse function radio frequency (or �eqUa7\: and 4 each Kodak EktagraphiC III A" � slide projector with I00-I50 m0 curved field z0mn l8MS auto focus (or equal) Photo & Sound Company, Albuquerque, N.M.--1 each Kodak Carousel Projector case model E (0r equal); and 2 each Luxor LE-34 34" plastic mobil cart with electrical assembly lockable wheels (or equal). B. J. Walker, Lubbock--2 cassette recorder with 5 watt amp and one year warranty Tiffin Pro-CO8der I% (Or eQUOl) with two matching external speakers; and I each self-contained case for Slide projector and recorder Tiffin pro -case (or equal). 84-43A-811-1276 /37.\ BID #8240--Voice logging recorder (Radio Shop --Fire Riordan Enterprises, Atlanta, Georgia --Voice logging recorder and instant recall recorder 84-43A-81I-I277 /38,\ BID #8244--White superior overhaul kit (Water Cooper Energy Service, Odessa, T8xaS--12 each 757-942 cylinder overhaul kits for white superior dud) fuel 12 cylinder engine Model 40GD X 12. Kit consists of l piston #030-7I6, 2 snap rings #028-047, I ring set #027-328, T cylinder liner #024-420 and } basket kit #O22-lIO. 84-43A-81I-1278 (39~) BID #8245--Pre-cast concrete manholes (Electric Di stri buti on)- Utilitv Vault, Chandler, Arizona --To establish d firm price for a period Of one year for pre -case concrete rWanh0leS to [P&L specifications #DE-0014-1-110878. 84-43A-811-1278 (4O.) BID #8246--Antifreeze (Garage) SCOgg1D-Dickey, LUbbOCk--3000 gallons (more or less) Ethvlen Glycol Antifreeze delivered in one gallon plastic containers in 50 case lots Industrial Lubricants, LUbbOck--660 gallon (more or less) delivered in 55 gallon drums 84-43A-811-1280 /41.\ BID #8248--Topsoil (Parks and Recreation Kerr Construction, [UbbUck--2000 CVhiC yards (more or less) topsoil as per specification to be delivered as needed. 812 December 13, 1984 84-43A-812-I281 /42.\ BID #8259--Repair of Landfill equipment (Sanitation KwikWav Equipment, Lubbock --Labor per hour; labor per hour Saturdays; labor per hour holidays; labor per hour after 5 p.m. weekdays; parts digC0UOt from list price for which bidder is the manufacturer's representative and parts mark-up from list supplied from other vendors. 84-43A-812-1282 (43.) BID #8280--Sodium vapor lights (Warehouse). Graybdr Electric, Amarillo, Texas --Alt. 100 each I00 watt SOdiU0 VdVOr with refractor, Type II - 4 way, with lamp, less photo control and bracket arm --Our #M-43-1^ General Electric Supply Co., Lubbock --Alt. 950 each (more Or less) I00 watt sodium vapor, with (d0p Te5S photo control bracket arm and optical assembly, to be shipped and billed in TOtS of 200 upon request --Our #M-45-IA. 84-43A-812-1283 /44.\ BID #8284--Miscellaneous Nelson Electric 5uV»7« Co., LUbbOCk--40 rolls (more or less) electrical shielding tape, to be delivered in 20- rUll lots upon request --Our #E-T-26; and 150 rolls (more or less) silicone rubber tdV8 15 KV class, to be delivered in 50-roll lots upon request --Our #E-l-32 Temple, Inc., Lubbock--I50 rolls (more Or less) Neoprene electrical jacketing tape, to be delivered in 50~r011 lots upon request --Our #E-T-33; and 200 rolls (more Or less) insulating tape high voltage, CUrODa and 0z0D2 resistant to be delivered in 50-roll lots upon request --Our #E-T-30 Westinghouse Electric Supply CO., LUbbOck~-6000 rolls (more or less 3/4o plastic tape, I0,000 volts, to be delivered in 1500-r011 lots UpOA request -Our #E-T-3. 84-43A-812-1284 Colfax 84-43A-8I2-I285 /40.\ BID #8311--Tree trimming for LP&L (Electric ASpUlUOch Tree Experts, Mansfield, Texas --Labor and material to trim and/or remove trees from LP&L facilities for a period of one year beginning January 1, 1985 through December 31, 1985. Two man Crew (foreman and helper), hydraulic Chip dump bed truck, power saw, and brush Chipper. 84-43A-812-I290 (47.) BID #8316--Carpet, and authorize 3an2 (Civic Center). RESOLUTION #1899 December 13, 1984 813 7], RESOLUTION 1899 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 with Highland Interiors, Inc., for the purchase and installation of 3,055 square yards of carpeting for the Civic 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 13th day of December, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd 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 Highland Interiors, Inc., Lubbock --Furnish all labor, materials, and supplies and perform all work for replacement of carpet in the South Pedestrian Mall Mezzanine stair landings and terrace suite. Motion was made by Councilman Nash, seconded by Councilman Brown authorizing high bid on Bid #8040 (Item #33), and low bids, meeting specifications, on Bid #'s 8138 (Item #34), 8139 (Item #35), 8228 (Item #36), 8240 (Item #37), 8244 (Item #38), 8245 (Item #39), 8246 (Item #40), 8248 (Item #41), 8259 (Item #42), 8280 (Item #43), 8284 (Item #44), 8285 (Item #45), 8311 (Item #46) and 8316 (Item #47). After discussion regarding bid number #8228, Councilman Nash withdrew his motion before the vote was called for. Motion was made by Councilman Brown, seconded by Mayor Pro Tem Carpenter, authorizing high bid on Bid #8040 (Item #33), and low bids, meeting specifications, on Bid #'s 8138 (Item #34), 8139 (Item #35), 8228 (Item #36), 8240 (Item #37), 8244 (Item #38), 8245 (Item #39), 8246 (Item #40), 8248 (Item #41), 8259 (Item #42), 8280 (Item #43), 8284 (Item #44), 8285 (Item #45), 8311 (Item #46) and 8316 (Item #47), and awarding Bid #82.28--all items --to Lubbock Audio Visual (Item #6 was not the low bid, but by consensus Council agreed it was close enough that it merited being awarded to a local firm, rather than the low bidder). Motion carried: 6 Yeas; 1 Nay --Councilman Nash. 84-43A-813-1297 (48.) Consider appointment to the Civil Service Commission to fill the unexpired term of Mike Irish. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo, appointing Jim Gorsuch to fill the unexpired term of Mike Irish on the Firemen's and Policemen's Civil Service Commission. Motion carried: 7 Yeas; 0 Nays. Mayor Henry adjourned the meeting at 11:45 a.m. 314-, December 13, 1984 Note: At 11:15 a.m., (Item #6 of the Work Session Agenda) a Time Capsule was filled and dedication ceremonies for the new Municipal Complex were held. The Time Capsule is a 16" x 17" stainless steel box built by Jay Wadsworth and other Electric Production personnel. Each member of the City Council read aloud a letter to their 2009 counterparts and then these letters and other memoribilia were placed in the Time Capsule. Council instructed that the capsule be placed in the landscaped area immediately outside the City Council Chambers and that a large boulder bearing an appropriate inscription be placed over the area containing the Time Capsule. Council agreed that the Capsule should be opened March 16, 2009. It was further instructed that information regarding the Capsule and ceremony be kept as a part of the City's permanent records and be housed in the City Secretary's office. ATTEST: Y�E4TT �B'OYD, CI ftCR TA ATU nAV Ar nrPrUDCn 1n0A RLMU AND AVVKUVLU Inij ATTEST: RANETTE BOYD, CITY SECRETARY >. ri m f I Z -te