HomeMy WebLinkAboutMinutes - City Council - Regular - 1/10/19801
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
January 10, 1980
9:30 A.M.
The City Council of the City of Lubbock, Texas, met for its regular meeting
on Thursday, January 10, 1980, at 9:30 a.m. in the Council Chambers, Second Floor, City
Hall.
Those present:
Mayor Dirk West, Mayor Pro Tem Alan Henry, Councilwoman Carolyn Jordan, Councilman Bill
McAlister, Councilman M. J. Aderton, City Manager Larry Cunningham, City Attorney John C.
Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga.
Absent: None
80-39-1-1 The invocation was given by Mayor Pro Tem Alan Henry.
( 1)
80-39-1-2 The Pledge of Allegiance to the Flag was given in unison by those present in the Council
( 2) Chambers.
80-39-1-3 Approval of Minutes,:
( 3)
Regular Meeting, December 12, 1979
Regular Meeting, December 13, 1979
Special Meeting, December 20, 1979
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve
the minutes of December 12, 1979, December 13, 1979, and Special Meeting of December 20,
1979. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
Citizen Appearances
80-39-1-4 Board Appointments
4)
Tom M. Mills, Jr. Housing Standards Commission
Frank Ortega Housing Standards Commission
Angela Boren City -County Library Board
Proclamations
80-39-1-5 "Blood Month" - January, 1980
5)
Receiving: John Richmond
80-39-1-6 "Mothers' March on Birth Defects Day" - Sunday,
( 6) January 20, 1980
Receiving: Linda Greener
80-39-1-7 "Annual Lubbock County 4-H and FFA Junior Livestock
(6-A) Show and Sale Days" - January 13, 14, and 15, 1980
Receiving: Johnny Wells, Publicity Chairman
Ken Aldridge, President
80-39-1-8 Mr. James G. Marshall will appear to discuss the removal from the November 8, 1979 City
(6-B) Council Minutes the statements containing references to the Director of Finance.
Mr. Marshall has been requested to appear before the City Council by the Attorney of Mrs.
Mavis Miller, widow of Sterling K. Miller, with respect to retracting statements made by
Mr. Marshall at the November 8, 1979 meeting, the statements referring to Mr. Miller,
former Director of Finance.
Mr. Marshall appeared and made the following statement:
"It appears to me that some people have misunderstood me. They think
I have dishonored the name of Sterling Miller. I wish to set the record
straight: I do not now and I have not in the past ever stated or intimated
that Sterling Miller ever used City funds for his personal use, or anyone
else in the City Government. But I have disagreed with the accounting
system used by the City of Lubbock and I recognize that Sterling Miller
does not have control of the functions of the City of Lubbock. I have
the right to disagree as do any other citizen, and they have to disagree
with me, and I will defend their right to disagree with me."
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0310M
80-39-2-9 A Resolution authorizing the Mayor to execute a contract between the
(10) City and Turner, Collie & Braden, Engineers, for a study on the East
34th Street overpass.
At Work Session preceding the Regular City Council Session held at 9:00,
discussion was held with respect to the proposed contract submitted by this
engineering firm. Mr. Jim Bertram, Director of Planning, indicated there
were four proposals submitted to conduct this study and the firm of Turner,
Collie & Braden appeared more acceptable to the Committee because of their
experience in design and in construction of overpass/underpass projects.
The Committee was under the impression such a study would cost in the area
of $10,000-$13,000; only one bid was submitted within this range and their
proposal did not reflect the experience as some of the others.
In response to Council query whether or not the Highway Department would
be supplying any funds, Mr. Bertram responded that the responsibility
would be with the City; that the Highway Department does not do any
planning or designing; that at one time grant funds were expected to be
available, which has not materialized at this time; that the Highway
Department might grant some funds toward some of the construction, but
the City was responsible for the design and all other areas of the
project.
At the regular session, it was called to the Council's attention that
the proposed contract submitted by Turner, Collie & Braden for the
overpass at 34th and Quirt would include the feasibility study, plus a
traffic flow study, plus cost of right of way and construction, plus
preliminary design and drawings; in the event the engineering firm
determined the study was not feasible, they would then return to the
Council reporting same and requesting further instructions as to pursuing
with schematic drawings, etc.
It is the recommendation of the staff that the firm of Turner, Collie &
Braden be requested to do the proposed study for the overpass referenced
above, and the funding be as follows: $20,000 from Community Development
Contingency Funds and $10,000 from Street Improvement Bond Funds; additional"
that the CDAC hold the appropriate neighborhood hearings to ascertain
approval of the use of the Contingency Funds for this project; that the
matter be considered further at the next Regular City Council Meeting on
January 24, 1980, provided all the above data can be acquired. Council-
woman Jordan requested that an oral report be made by the engineering
firm, if approved, before the completion of all their study and drawings,
and that this provision be written into the contract.
The motion was made by Councilman Aderton, seconded by Councilman McAlister
that the firm of Turner, Collie & Braden, Engineers, be selected to
conduct a feasibility study with respect to the construction of an
overpass at East 34th Street and Quirt Avenue, SUBJECT TO the funds
being available from the CD Contingency Funds in the sum of $20,000 and
$10,000 from the Street Improvement Bond Fund; that the CDAC promptly
hold the appropriate neighborhood meetings to ascertain approval for the
expenditure of these contingency funds with respect to this project and
report back to the Council at the January 24, 1980 Regular City Council
Meeting. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
80-39-2-10 An appropriation ordinance from Street Improvement Bond Fund for engineers'
(11) services in conducting the above study.
This item will be considered at the January 24, 1980 Regular City Council
Meeting in light of the above action.
80-39-2-11 Resolution No. 377
(12)
A resolution authorizing the Mayor to execute an agreement with the
State Department of Highways for maintenance of railroad crossing devices.
SMT:bs
RESOLUTION NO. 377
WHEREAS, the City Council of the City of Lubbock finds that adequate
consideration has been provided for the assignment of passive protection
devices at railroad crossings within the jurisdiction of the City of
Lubbock, and
WHEREAS, the City Council of the City of Lubbock finds that it is
in the public interest to upgrade the protection devices at railroad
3
crossings within the City of Lubbock, 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 an Agreement between the City of Lubbock
and the Texas Department of Highways and Public Transportation for the upgrading of
passive protection devices at railroad crossings within the City of Lubbock, 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 10th day of January 1980.
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer.
APPROVED AS TO CONTENT:
Isl J. D. Elliott
David Elliott, Asst. Dir. of Traffic
Engineering
APPROVED AS TO FORM:
Isl Susan M. Tom
Susan M. Tom, Asst. City Attorney
COMMISSION
REAGAN HOUSTON, CHAIRMAN STATE DEPARTMENT OF HIGHWAYS ENGINEER DIRECTOR
DEWITT C. GREER AND PUBLIC TRANSPORTATION B.L. DEBERRY
CHARLES E. SIMONS AUSTIN, TEXAS 78701
Subject: Placement of Passive Warning Devices at IN REPLY REFER TO
Public Railroad Grade Crossings FILE NO. D-18SE
Gentlemen:
In compliance with Section 203 of the Highway Safety Act of 1973, a Statewide Program
has been developed to inventory and improve passive protection at public railroad
grade crossings within the State. This program will provide for signing and marking
improvements at those public crossings where a need is defined by.the State acting
by and through the State Department of Highways and Public Transportation. Federal
funding for such improvements is to be provided by Section 203 of the 1976 Highway
Safety Act with State matching funds; no City or County funds will be required.
Districtwide projects, which include your jurisdiction, are proposed to make the
necessary improvements. These projects will provide for the installation or upgrading
of crossbuck signs, number of track signs, advance warning signs, and pavement markings
to conform with the standards specified in the Texas Manual on Uniform Traffic Control
Devices.
Since improvement needs may be designated at crossings within your jurisdiction.,. your
participation in this program is recommended. Such participation will require the
acceptance and return of this agreement.
By your acceptance of this agreement, signing or marking improvements designated in the
proposed project can be made under the above mentioned funding. Existing salvaged and
disposed of without credit to your jurisdiction. Upon completion of the project, the
newly installed or upgraded devices, excluding crossbuck and number of track signs,
shall become your jurisdiction's property and maintenance responsibility.
4
MEMIn"
By duly authorizing..the signing and return of one copy of this letter,
the City/Geenty of Lubbock grants permission for the State or its Agent
to perform the work herein described as maybe necessary to provide a
minimum passive warning system at those public street/road grade crossings
of railroads within its jurisdiction as defined and designated by the State.
Your early consideration and approval is requested to allow a project
for said improvements.
Sincerely yours
B. L. DeBerry
Engineer -Director
By: /s/B. C. Blaschke
Byron C. Blaschke, Chief Engineer
of Maintenance Operations
Approved b /s/ Dirk West, Mayor on the 10th day ofI.a January, 1980,
under authority granted by Resolution No. 377 passed on the 10th_day of
January, 1980.
Witnessed: /s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
This agreement is for the maintenance of railroad crossing signs and
legions at all railroad crossings in accordance to the standards of the
uniform traffic devices manual. The City will maintain these devices
that are to be installed by the State which will require an annual
budget of approximately $21,200-$27,200.
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to approve the above resolution. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
80-39-4-12 Consider the price and conditions of sale of Parcel #9 - 8 (S 50 feet)
(13) in the Co—ronado-Tech—R-33 Urban Renewal area.
Developer Price Redevelopment
Rose Marie Stephenson $750.00 Landscaping and adding
to existing property
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to approve the price and condition of the above referenced sale.
Motion carried: Mayor West, Mayor Pro Tem. Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
80-39-4-13 Resolution No 378
(14)
A resolution authorizing the acquisition of Parcel No. 67440-44-11 for
the purpose of public park development in.the South Overton Neighborhood.
RESOLUTION NO. 378
A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF
LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE SOUTH OVERTON
NEIGHBORHOOD; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS
REQUIRED.
WHEREAS, it has been determined by the City Council that a certain
parcel of land located in the vicinity of 14th Street and Avenue U
within the City of Lubbock, Lubbock County, Texas, should'be acquired
and developed for public park purposes; and,
WHEREAS, the Department of Housing and Urban Development (HUD) has
contracted with the City of Lubbock to provide funds through the Community
Development Program to aid in the development of such a project; and,
WHEREAS, it is necessary to acquire for public park purposes the
fee simple title to the land hereinafter described, Parcel No. 67440-44-
11, owned by RAYMOND HOGAN; and
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WHEREAS, the City Council has caused two appraisals to be made of said land and the
value and total damages, if any, to the owner, and all others whose interest may appear,
for fee simple title to said land has been appraised, and the City Council finds the price
herein offered to be fair and equitable; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock acquire for the purposes of developing a public park the fee
simple title to a certain parcel of land lying and being situated in Lubbock County,
Texas, and described as follows, to -wit:
Parcel No. 67440-44-11 (2021 14th Street):
The West 121 feet of Lot 10 and the East half of Lot 11, Block
44, Overton Addition to the City of Lubbock, Lubbock County,
Texas.
Purchase Price - $9,800.00 (Nine Thousand Eight Hundred and no/100
dollars)
THAT the owner, and all others whose interests may appear, be offered through the
Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair
market value and total damages, if any, for fee simple title and acquisition of said
parcel of land for the purposes herein stated, for the use and benefit of the City of
Lubbock, being the amount hereinabove stated, and that unless accepted forthwith, the City
Attorney is hereby authorized and instructed to institute condemnation proceedings for and
on behalf of the City of Lubbock to acquire fee simple title to said parcel of land as
hereinabovedescribed, for public park purposes.
Passed by the
Passed by the City Council this loth — day of January , 1980.
Isl Dirk West
DIRK WEST, MAYOR
RINVOW
Isl Evelyn Gaffga.
Evelyn Gaffga, City Secretary -Treasurer
rVIV101-1 "11
Isl Vicki Foster
Vicki Foster, Community Development Coordinator
APPROVED AS TO FORM:
Isl W. M. McKamie
W. M. McKamie, Assistant City Attorney
On November 29, 1979, the City Council authorized the purchase of three parcels on the
west end of a proposed South Overton park. Mr. Raymond Hogan, owner of Parcel No. 67440-
44-1 (2021 14th Street) has refused an offer of $9,000; he feels the property is worth
$11,000. The Urban Renewal Agency has negotiated with Mr. Hogan who has agreed to settle
for $9,800. It is the recommendation of the staff to make this offer to Mr. Hogan in lieu
of commendation proceedings which would cost equivalent to or exceed this amount.
The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to offer $9,800
to Mr. Raymond Hogan for Parcel No. 67440-44-1 in lieu of entering condemnation proceedings,
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
80-39-5-14 Resolution No. 379
(15)
A resolution directing the Engineer to prepare estimates and rolls on the additions to the
1979 Paving Assessment Program.
pg
RESOLUTION NO. 379
RESOLUTION DIRECTING THE ENGINEER TO PREPARE AND FILE ESTIMATES, ROLLS, ETC., IN
CONNECTION WITH THE PROPOSED ADDITIONS TO THE 1979 ASSESSMENT PAVING IMPROVEMENTS ON
PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN AND ALONG THE BOUNDARIES OF THE
CITY OF LUBBOCK, TEXAS.
M
WHEREAS, the Governing Body of the City of Lubbock has heretofore
ordered and provided for the improvement of portions of sundry streets,
highways, avenues and/or alleys in and along the boundaries of the City
as designated below:
07H ff a F Wks,
SUB -UNIT STREET FROM TO
36' Wide Streets
2236-86
64th Street
Utica Ave.
Vicksburg Ave.
2234-87
65th Street
Vicksburg Ave.
York Dr.
2234-88
65th Street
Utica Ave.
Vicksburg Ave.
2234-89
65th Street
Salem Ave.
Toledo Ave.
2234-90
Vicksburg Avenue
65th St.
66th St.
2234-91
York Drive
62nd St.
65th St.
2234-92
Akron Avenue
N. Loop 289
Stanford St.
2234-93
Raleigh Avenue
Itasca St.
Alley S. of
Itasca Street
42' Wide Streets
2235-16 Utica Avenue 64th St. 66th St.
10' Wide Alleys
A-460-76 E-W Alley between
43rd & 44th Gary Ave. Hartford Ave.
AND it is proposed to make and levy assessments against abutting
property and the owners thereof and others for a portion of the cost of
such improvements.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS, THAT:
I.
The Engineer of the City be, and he is hereby directed to prepare
and file with the City estimates showing cost of improvements in each
Unit, showing the description of the property abutting upon each unit
with the names of the owners of such property and the amounts proposed
to be assessed against each parcel of property showing other matters and
things, it being specially provided, however, that any mistake in such
estimates or in amounts and in the descriptions of property or names of
owners shall in no wise affect, invalidate or impair any assessment
which may be levied.
II.
Such estimates, rolls and statements shall show all information
required to be shown thereon by the proceedings of the City relating to
such improvements and the law and charter with amendments in force in
the City, and by the provisions of Article 1105B, Revised Civil Statutes
of Texas as amended by Chapter 281, Acts of the 52nd Legislature.
This resolution shall take effect and be in force from and after
its passage.
PASSED AND APPROVED THIS THE LOTH DAY OF JANUARY, 1980.
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
Isl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
7
80-39-7-15
(16)
This is one of many steps required for the 1979 Paving Assessment Program additions.
A public hearing on these additions will be held February 28, 1980 at 2:00 p.m.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass
said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
Resolution No. 380
A resolution authorizing an alley use license for the Plainsman Hotel for three fire
escape encroachments into the East-West alley of Block 8, McCrummens, Second Addition.
JWF:cl
RESOLUTION NO. 380
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 Alley Use License in favor of
Jay Fikes DBA Plainsman Hotel, 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 loth day of Janua
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
ALLEY USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
,1980.
This indenture made this loth day of January , 1980, between the CITY
OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and JAY FIKES DBA PLAINSMAN
HOTEL, Lubbock County, Texas, hereinafter called "LICENSEE."
WINESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does
hereby grant to the LICENSEE, the right, privilege and license to use a portion of
dedicated alley to construct and maintain three (3) fire escapes from the second
floor to the East-West alley in Block 8, McCrummens Second Addition to the City of
Lubbock, Lubbock County, Texas, being more particularly described as follows:
BEGINNING at a point which is approximately 2.00 feet west of the
southeast corner of Lot 13, McCrummen's Second Addition;
THENCE.South 4.5 feet to a point;
THENCE East.a distance of 20.00 feet;
THENCE North 4.5 feet to a point;
THENCE East, along the North line of said East-West alley, a
distance of 83.00 feet;
THENCE South 4.5 feet to a point;
THENCE East a distance of 20.00 feet;
ME
THENCE North 4.5 feet to a point;
THENCE East, along the North line of said East-West alley, a
distance of.83.00 feet;
THENCE South 4.5 feet to a point;
THENCE East a distance of 20.00 feet;
THENCE North 4.5 feet to a point;
THENCE West, along the North line of said East-West alley, a
distance of 226.00 feet more or less, to the PLACE OF BEGINNING.
1. The terms of this grant shall be from year to year not to exceed
twenty (20) years without renewal by the City Council and the CITY OF
LUBBOCK retains the right, at its election to cancel and revoke this license
with or without cause, upon thirty (30) days notice to LICENSEE. Said
notice shall be deemed properly served if deposited in the post office,
postage paid, addressed to LICENSEE at 21st and Avenue Q, Lubbock, Texas or
the last known address of LICENSEE.
Upon expiration or cancellation and revocation of this license by the
CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the
improvements that are permitted under this license shall be removed by the
LICENSEE and the property shall be restored to its original condition at no
cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or
refuses to remove such improvements after demand by the CITY OF LUBBOCK,
the CITY OF LUBBOCK shall enter possession, and remove or cause to be
removed such improvements and the expense incurred shall be assessed against
LICENSEE for which LICENSEE shall be liable.
2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for
such grant the sum of TWO HUNDRED AND N01100 ($200.00) DOLLARS cash in adv
contemporaneously with the acceptance and execution hereof by LICENSEE.
3. The LICENSEE agrees to pay all costs arising out of the exercise
of this license herein granted, including but not limited to the replacement
and repairing of paving, sidewalks and utilities of any nature occasioned
by the construction as authorized by this license.
4. In the event the CITY OF LUBBOCK determines that the existence
of such use interferes with or causes the rerouting or realignment of
any public utility, franchised utility, or sanitary or storm sewer line
constructed or to be constructed by the CITY OF LUBBOCK or franchised
utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such
utility, as the case may be, for its expense of such relocating or
rerouting over and above the expense which would have been incurred
except for LICENSEE'S use herein.
5. This license is not transferable by the LICENSEE without first
receiving the written consent of the City Manager of the CITY OF LUBBOCK.
6. This license is made subject to the condition that should the
LICENSEE exercise any right under the license herein granted and prepare
or begin or complete any part of the construction as herein contemplated
across any or all of the above set out property, then and in that event
said LICENSEE, his.heirs and assigns, will at all times defend, indemnify
and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees
harmless from any and all claims, demands, actions, causes of action,
suits at law or in equity of whatsoever kind or nature which may grow
out of or be related to the making of this license or the construction
or maintenance and use permitted herein. The CITY OF LUBBOCK, at its
option, may require an agreement with any contractors hired by LICENSEE
to perform the construction, repair or maintenance permitted herein,
which agreement will indemnify the CITY OF LUBBOCK from and against all
claims, liability, cost and expense growing out of the performance of
the work to be done by such contractor. The CITY OF LUBBOCK may further
require such contractor, when engaged in the construction, repair or
maintenance permitted herein, to furnish, without expense to the CITY OF
LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory
to the said CITY OF LUBBOCK, guaranteeing the faithful performance of
all the terms, covenants and conditions contained in said agreement and
a certified copy of a policy of public liability assumed by contractor
in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees
to give notice to LICENSEE prior to incurring any costs or expenses or
the payment of any such claims or demands in order to give LICENSEE a
reasonable opportunity to settle or adjust the same.
7. LICENSEE agrees and is required to furnish a policy of public
liability and property damage insurance, within limits specified by, and
in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and
which names the CITY OF LUBBOCK as the insured, said policy covering the
uses herein granted.
8. All of the covenants and provisions of this license shall be
binding upon and inure to the benefit of the successors, legal representati
9
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Emil 00
assigns and the duly authorized agents and contractors of the parties hereto to the
same extent and effect as the same are binding upon and inure to the benefit of the
parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns,
shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK
in each instance except as specified in Paragraph Five (5).
9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees
that no interest, title or rights of possession are intended or implied except those ex-
pressly set forth herein and LICENSEE waives any and all claims in and to the public
way it is permitted to use hereby and agrees to give peaceful possession of said property
covered herein upon termination or cancellation of this license.
CITY OF LUBBOCK
BY Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
AGREED TO AND ACCEPTED this 16th day of January 1980.
LICENSEE:
Isl Jay Fikes
Jay Fikes, DBA Plainsman Hotel
APPROVED AS TO CONTENT:
Isl Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
Texas on this day personally appeared Dirk West, Mayor, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act and deed of the CITY OF LUBBOCK and as Mayor, for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10th day of January
Isl Jackie Suter
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
Texas on this day personally appeared Jay Fikes DBA Plainsman Hotel, known to me to
be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same for the purposes and consideration therein expressed,
and in the capacity therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 16th day of January
Isl W. E. Grisham
Notary Public, Lubbock County, Texas
10
The Plainsman Hotel, located at 21st Street and Avenue Q, has installed
three fire escapes since the construction of the building, said fire
escapes located on the alley at the rear of the building. These fire
escapes do not present any obstruction to vehicle traffic and the
owners are.requesting an alley use license to allow them to stay in
place. The license is for a 20-year period and the owners will pay $200
in advance.
The motion was made by Councilman McAlister, seconded by Mayor Pro Tem
Henry to pass Resolution No. 380 granting the alley use license to the
Plainsman Hotel. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
Resolution No. 381
80-39-10-16 A resolution authorizing the Mayor to execute a Lease Agreement between
(17) the City and the Supreme * Court Racquetball Club for a strip of land
between the Racquetball Club and the Brownfield Highway.
RESOLUTIONRESOLUTION NO. 381
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 (as
Lessor) a lease in favor of Heinsheimer, Gibler & Bennett, Inc. DBA
Supreme Court Racquetball Club (as Lessee) 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 loth day of January
1980 .
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Tom Nivens
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
LEASE AGREEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK §
This agreement entered into as of January 1, 1980, by and between
the City of Lubbock, a home rule municipality located in Lubbock County,
Texas, herein called "City", and Heinsheimer, Gibler, and Bennett, Inc.
DBA Supreme Court Racquetball Club, a Texas Corporation, herein called
"Club", do hereby contract and agree as follows:
IM
City hereby leases unto Club the following described real estate
for the purpose of a parking lot for vehicles, to -wit:
A strip of land out of Section 6, Block E-2, Lubbock County, Texas,
being more particularly described as follows:
BEGINNING at the most westerly northwest corner of Lot 1-B, Block 1,
Westmoreland Addition to the City of Lubbock, Lubbock County, Texas;
11
77,
THENCE North 410061 West a distance of 30.00 feet;
THENCE North 48054t East a distance of 271.26 feet;
THENCE South 410061 East a distance of 30.00 feet to a point in the
northwest boundary of Lot 1-B, Block 1, Westmoreland Addition;
THENCE South 48054' West, along the northwest boundary line of Lot
1-B, Westmoreland Addition, a distance of 271.26 feet to the PLACE
OF BEGINNING.
II.
This lease is for a term of 10 years beginning January 1, 1980 and ending December
31, 1989. Club shall pay City as compensation for this lease $600.00 per year, in
advance, the first payment being due with the execution of this lease, and each
annual payment thereafter being due on the first day of January of each succeeding
year thereafter during the term of this lease, said payment to be made at City Hall,
10th Street and Texas Avenue, Lubbock, Lubbock County, Texas.
City may cancel this lease at any time upon 30 days written notice to such
effect by United States Mail addressed to Club at 5507 Brownfield Road, Lubbock,
Texas, or to last known address of the Club. In case of such cancellation, City
will refund any rents prepaid by Club at the rate of $50.00 per month for any months
so prepaid. City may also terminate this lease for any violation of the terms hereof
by the Club by written notice given in like manner as required for cancellation as
above set forth.
IV.
This lease may not be assigned by the Club in whole or in part except upon
written permission of the City Manager of the City thereto being first obtained by
the Club.
V.
The operation of the parking lot by Club shall conform to all zoning, subdivision,
traffic, and street regulations and ordinances of the City.
VI.
Ingress, egress, and regress is retained to the leased premises for all public
utilities of the City or franchised to operate by the City, to repair, reconstruct,
construct, maintain, and operate any of said utilities existing in, upon, over,
along, under, and across said leased premises.
Executed this 10th day of January ', 19 80
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Tom Nivens
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
Isl J. Worth Fullingim ..
J. Worth Fullingim, Asst. City Attorney
Isl Dirk West
DIRK WEST, MAYOR
Heinsheimer, Gibler & Bennett, Inc.
DBA Supreme Court Racquetball Club
BY: /s/
Robert L. Heinsheimer, President
12
0
80-39-12-17
(18)
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said
Texas, on this day personally appeared DIRK WEST, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledge
to me that he executed the same as the act and deed of the CITY OF LUBBOCK
and as MAYOR, for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10th day of January
19 80
Isl Jackie Suter
Notary Public, Lubbock County, Texe
MY Commission Expires: 4-13-81
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, on this day personally appeared
Robert L. Heinsheimer, President of Heinsheimer, Gibler, & Bennett, Inc.,
Supreme Court Racquetball Club, a Texas Corporation, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowleda
to me that he executed the same for the purposes and consideration therein
expressed, and in the capacity therein stated as the act and deed of said
Corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
19
Notary Public, Lubbock -County, T
MY Commission Expires:
N4
El
ty,
The Supreme Racquetball Club, located on the Brownfield Highway between
Chicago and Dover Streets - I
is requesting a lease of 30 feet of parkway
area adjacent to their lot' to provide for additional parking. The lease
is for ten years at $600 per year; the Highway Department has no interest
in this footage.
The motion was made by Councilwoman Jordan, seconded by Councilman
Aderton to pass Resolution No. 381 granting a ten-year lease to the
Supreme Court Racquetball Club for the requested parkway footage.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
Resolution No. 382
A resolution authorizing the Mayor to execute a Special Warrant Deed
to Tea W. Quan fora parcel of propertyRestaurant. out of Sec. 15, Block B, behind
JWF:bs
RESOLUTION NO. 382
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 Special
Warranty Deed in favor of Ted W. Quan, a copy of which is attached herewith
which shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution all
if fully copied herein in detail. 111
Passed by the City Council this 10th day of January 11
'1980-
Isl Dirk West
ATTEST: DIRK WEST, MAYOR
Isl Evelyn,Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Tom Nivens
Tom -Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
77-W-0-r-th �Fullinilm, Asst. City 'Attornev
J A fl I
13
SPECIAL WARRANTY DEED
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
That the City of Lubbock, a home rule municipality of the County of Lubbock,
Texas, hereinafter called GRANTORS (whether one or more), for and in consideration of
TWO THOUSAND AND NO/100THS ($2,000.00) DOLLARS cash and other good and valuable cash
consideration to GRANTORS in hand paid by Ted W. Quan of the County of Lubbock, State
of Texas, hereinafter called GRANTEES (whether one or more), receipt of which is
hereby acknowledged, and for which no lien, expressed or implied, is retained or shall
exist, and the further consideration of the assumption of the outstanding balance due
on the note hereinafter described, have SOLD, GRANTED AND CONVEYED, and by these presents
do SELL, GRANT AND CONVEY unto the above named GRANTEES, the following described
property, to wit:
BEGINNING at a point which bears North 138.00 feet and West
235.00 feet from the southeast corner of Block 2, John W. Jarrett's
Subdivision, same being the most southerly southwest corner of
Lot 1, Charles Addition to the City of Lubbock, Lubbock County,
Texas;
THENCE West a distance of 35.00 feet;
THENCE North 450 West a distance of 7.07 feet;
THENCE North a distance of 45.00 feet to a point in the
boundary line of Lot 1, Charles Addition;
THENCE East a distance of 40.00 feet to an inside corner
of Lot 1, Charles Addition;
THENCE South a distance of 50.00 feet to the PLACE OF BEGINNING:
TO HAVE AND TO HOLD the above described premises, together with all and singular
the rights and appurtenances thereto in anywise belonging unto the above named
GRANTEES, GRANTEES' heirs and assigns forever. And said above named GRANTORS do
hereby bind GRANTORS, GRANTORS' successors and assigns to WARRANT AND FOREVER DEFEND:,,
all and singular the said premises unto the above named GRANTEES, GRANTEES' heirs
and assigns, against every person whomsoever lawfully claiming or to claim the same,
or any part thereof by, through and under GRANTORS.
WITNESS MY HAND AT LUBBOCK, TEXAS, this 10th day of_j�a January, 1980.
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
Isl J. Worth Fullingim.
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
Texas, on this day personally appeared DIRK WEST, Mayor, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act and deed of the CITY OF LUBBOCK, and as MAYOR, for the
purposes and consideration therein expressed and in,the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 10th day of January, 1980.
Isl Jackie Suter
Notary Public, Lubbock County, Texas
My commission expires: 4-13-81
14
80-39-14-18
(19)
80-39-14-19
(20)
This deed to Mr. Ted W. Quan, owner of the Ming Tree Restaurant, is for
a piece of property 40 feet by 50 feet abutting the lot on which the
restaurant is located. The property was formerly used by LP&L for a
hospital substation and is no longer in use.
The motion was made by Councilwoman Jordan, seconded by Councilman
Aderton to pass said resolution authorizing the Special Warranty Deed,
referenced above. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
Ordinance No. 7976
An ordinance to abandon and close a portion of an alley between 22nd
Place and 24th Street just west of Indiana Avenue.
0
ORDINANCE NO. 7976
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF
ALLEY: A PORTION OF AN ALLEY BETWEEN 22ND PLACE AND 24TH STREET JUST
WEST OF INDIANA AND A PORTION OF WHICH IS IN ITHICA ADDITION TO THE CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN
THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMEN
OF THAT CERTAIN PORTION OF ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
This procedure is necessary to allow the owners the opportunity to
replat the property.
The motion was made by Councilwoman Jordan, seconded by Councilman
Aderton to pass said ordinance on first reading. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
Ordinance No. 7979
An ordinance to abandon and close, while retaining utility easements,
Avenue K between 4th Street and 6th Street, partially bounded on the
west by Avenue L; 5th Street between the west right-of-way line of
Avenue K and the east right-of-way line of Avenue L; and the north -south
alley between 4th Street and 5th Street dividing Block 5, Original Town
Addition and Block 3, Memorial Center Addition to the City of Lubbock.
DGV:cl
ORDINANCE NO. 7979
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF
STREET AND ALLEY, BUT RETAINING THE SAME AS UTILITY EASEMENT: AVENUE K
BETWEEN 4TH STREET AND 6TH STREET, PARTIALLY BOUNDED ON THE WEST BY
AVENUE L; 5TH STREET BETWEEN THE WEST RIGHT-OF-WAY LINE OF AVENUE K AND
THE EAST RIGHT-OF-WAY LINE OF AVENUE L; AND THE NORTH -SOUTH ALLEY BETWEEN
4TH STREET AND 5TH STREET SEPARATING BLOCK 5, ORIGINAL TOWN ADDITION,
AND BLOCK 3, MEMORIAL CENTER ADDITION TO THE CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF
THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THOSE
CERTAIN STREETS AND ALLEYS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
These portions of streets and alleys need to be closed to allow the
United States Postal Service to build a central post office to replace
the present facility located at 15th Street and Avenue G. The new
facility would occupy the space bounded by the referenced streets and
alley closings as well as two private parcels just south of 4th Street
and also a parcel of land owned by the Urban Renewal Agency. The advant
to this action are as follows:
1. It absorbs unmarketable property owned by Urban
Renewal;
2. It removes two buildings that have been a visual
problem at the corner of the Civic Center Complex;
3. It eliminates maintenance for the Parks Department;
4. It will provide an attractive building and landscaping
provided by the Post Office;
5. It alleviates increasing pressure from the Postal
Service to acquire vacant land in the Civic Center
Complex that had been reserved for more compatible uses.
15
JA N -1, " 0 19gg
The procedure schedule will be as follows:
1. Closure of the right-of-way on lst reading;
2. Urban Renewal Agency replats excess right-of-way into
Block 3-A;
3. Urban Renewal Agency conveys parcels to Postal Service;
5. Postal Service prepares dedication instrument for utility
easements;
6. Second reading of proposed ordinance;
7. City sells right-of-way to Postal Service;
8. Postal Service replats referenced property;
9. Issuance of building permits.
During the Work Session preceding the Regular City Council Meeting, City Manager
Larry Cunningham commented that the Postal Service will need to have the Councills
intent reflected in the motion on this matter.
Appearance: Victor Cargile
Mr. Cargile commented on the wisdom of closing the Central Fire Station located at
6th Street and Avenue K to which Fire Chief Tom Foster responded that the Central
Fire Station had been moved to 18th Street and Avenue K, with the facilities located
at 6th Street and Avenue K being used as administrative offices, shops, Fire Marshal's
office and other general uses on behalf of the Fire Department; that the premises had
not been abandoned as Mr. Cargile believed.
Following discussion, the motion was made by Councilman Aderton, seconded by Mayor
Pro Tem Henry to pass Ordinance No. 7979 on first reading; additionally, to finally
pass Ordinance No. 7979 closing portions of Avenue K, 5th Street and the north -south
alley between Avenue K, Avenue L, 4th Street and 5th Street and to sell that portion
of Avenue K accruing to the City of Lubbock as abutting property owner to the U.S.
Postal Service conditioned upon the U.S. Postal Service purchasing all property
between Avenue K, Avenue L, 4th Street and 6th Street otherwise owned. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
80-39-15-20 Consider a resolution authorizing the Mayor to execute a contract between
(21) the City and the Governor's Committee on Agin for an ACTION grant for
RSVP program.
80-39-15-21 Consider a resolution authorizing the Mayor to sign a memorandum of
(22) agreement between the City and ACTION, Region VI.
These items will be considered at the January 24, 1980 Regular City Council Meeting.
80-39-15-22 Resolution No. 383
(23) A resolution authorizing the Mayor to sign a contract between Transit Management
Company of Lubbock., Texas Tech University and the City of renewal of campus bus
system.
RESOLUTION NO. 383
BE,IT RESOLVED BY THE CITY COUNCL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for an on behalf of the City of Lubbock an Agreement between Transit
Management Company of Lubbock, The Board of Regents of Texas Tech University at Lubbock,
Texas, and the City of Lubbock, Texas, for bus service on the campus of Texas Tech
University, 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 10th day of January, 1980.
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl John L. Wilson
John L. Wilson, Transit Coordinator
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
16
AGREEMENT
This agreement, made and entered into this 2nd day of January, 1980, by
and between TRANSIT MANAGEMENT COMPANY OF LUBBOCK (hereinafter referred
to as the "Company"), THE BOARD OF REGENTS OF TEXAS TECH UNIVERSITY at
Lubbock, Texas (hereinafter referred to as the "University"), and the
CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation (hereinafter
referred to as "City").
WITNESSETH:
WHEREAS, -the parties hereto are aware of the traffic and parking problems
on the campus of the University as it relates to the expanding campus and
the increasing number of students, staff, and faculty of the University; a
WHEREAS, the above named parties are desirous of relieving some of the tra
congestion and expediting transit between areas in._and immediately adjacen
to said University campus; and
WHEREAS, Company and City have entered into a lease management agreement
dated August 23, 1979, in which City is obligated to provide. -certain
insurance covering the operation of the public transportation services in
and around the City of Lubbock including the services provided under this
agreement; and
WHEREAS, this agreement embodies the intention and resolution of the above
named parties:
NOW,_THEREFORE WITNESSETH THIS AGREEMENT:
is
Term
It is agreed and understood by and between the parties hereto that a
University bus service utilizing approximately eight (8) buses will be
provided by Company during the period beginning with January 10, 1980,
and terminating on September 30, 1980, provided, however, that either
Company or University may terminate said bus service upon thirty (30)
days' written notice delivered to the other by registered mail.
II.
Bus Operations
With respect to bus operations, Company and University agree that the
following conditions shall apply-:
A. Company will furnish buses having a seating capacity (Manufacture
rated) of not less than 33 with driver operated front and side doors.
It is agreed that certain seats may be removed from said buses to
facilitate the ingress and egress necessary to accommodate the high
volume of passenger turnover; except that all buses will provide
seats for not less than 26 passengers. The Company will provide the
necessary personnel to service the route or routes designated by the
University during the period specified in the preceding Paragraph I
of -.this Agreement. The number of buses and the operating periods
will be subject to continuous review, and the University will advise
Company with regard to its needs and with respect to any changes in
the number of buses and/or operating periods; subject to equipment
availability, said changes shall be instituted by Company within
five (5) days after receipt of written notice from University. Initi,
service commencing on January 10, 1980, shall be on a schedule provide
by the University prior to that date.
B. In the event that it develops during any portion of the period first
specified in Paragraph I hereinabove, that a change in or extension of
a route, removal of a route, or addition of a new route is necessary
or desirable, Company shall make such changes or extensions of a route
or routes, shall remove a route, or shall add a new route upon
University's request. The charges to be made by Company, therefore,
shall be upon the basis, and shall be subject to the conditions and
limitations, as are set forth in Subparagraph E of this Paragraph
hereinbelow. Also in the event it develops during said period that
an additional bus or buses are required in order to meet the demand
for said bus service during any operating period or periods, Company,
if it is able to provide same, at the University's written request,
shall provide such additional bus or buses for said service during sai4
operating period or periods upon the same basis, as is set forth
hereinabove. University shall have the right to terminate any such
changes, extensions, or new routes upon five (5) days' written notice
to the Company.
is
C. Buses shall stop to receive or discharge the passengers entitled to use,
and using, bus service at such points as shall be agreed upon from time
to time during said period, between Company and University, and University
will identify the points at which stops will be made by said buses.
Acceptable markers will be provided by the Company.
D. Company will exercise due diligence to adhere to the time schedules hereinabove
referred to, but minor deviations therefrom due to variations in traffic,
weather or load conditions shall not be deemed to be a default hereunder.
E. Company shall not collect fares from its passengers, but shall charge University
for providing said bus service the sum of fourteen dollars and sixty-five cents
($14.65) per hour for each bus used in said service. Company shall submit an
invoice at the end of each month showing the amount due for service provided.
Contemporaneously therewith, Company will present University with a billing at the
close of operations on the last day of each month. Such bill to be paid as
promptly as possible in the usual course of University business. The Company
will provide income and expense statement at the end of contract period.
Supplemental Bus Service
In addition to the scheduled bus service over specified routes as provided for in
Paragraph II hereinabove, Company shall furnish such other supplemental service, if
equipment is available, for the transportation of such special groups as may be
designated by University. Such supplemental service shall be furnished by Company
at any time during the hours from 7:00 a.m. to 11:30 p.m., upon receipt of three (3)
days' written notice from University. Company will charge University for providing
said supplemental service the sum of fourteen dollars and sixty-five cents"($14.65)
per hour, for a minimum of three hours, for each bus used in said service. Billing
periods and reports of Subparagraph E of Paragraph II hereinabove, and subject to
Paragraph II, Subparagraphs A and B.
IV.
Publicity
University will undertake and conduct a program designed to publicize the existence
of said bus service and to acquaint: is staff members and students with the availability
of the same during the period in which I it is provided in accordance with and under
the Agreement. The Company will provide appropriate time tables for convenience of
students.
Vi
Service Provided
Company will provide and use at all times, buses that are in good and safe mechanical
condition, and are also in reasonably clean conditions, and will also provide competent
and duly licensed drivers by whom said buses shall be driven, and Company will assume
full and complete responsibility for the condition of said buses and the qualifications
and competence of their drivers, at all times, and University assumes no obligations
whatsoever for either of the same.
VI.
Independent Contractor Relationship
In providing and furnishing said bus service during the term hereof, Company shall
act solely in the capacity of and as an independent contractor, and not as an agent
or employee of University, and University shall have no control over Company's
operations in connection with providing said service except as hereinabove provided
and University shall have no control or supervision whatever over the drivers
of the buses used in said service who shall be employed by Company. Said drivers shall
constitute Company's employees- only, shall not constitute agents or employees of University
and shall be subject solely to Company' supervision and control.
VII.
Insurance and Risk
A. It is recognized by the parties hereto that Company and the City of Lubbock,
Texas, have entered into an agreement for the purpose of Company providing
transportation services in and around the City of Lubbock, including to the
University. That under said agreement the City carries and keeps in force
an insurance policy insuring both City and Company against liability for
personal injury or property damages arising out of the operation of said bus
services and that the services provided herein are also conducted pursuant
to the Agreement between the City of Lubbock and Company. At all times during
which Company shall provide the bus services mentioned herein and upon the
above and foregoing terms and conditions, University shall be protected under
City's insurance coverage against liability and personal inj,uries,or personal
damages arising out of the operations of said bus service to the extent of
at least $100,000 for personal injury to any one person, $300,000 for each occurrence
and $50,000 for property damages sustained in any accident or occurrence arising
out of the operation of said bus service and the University shall be furnished
a certificate+of City's insurer showing coverage to be at least in the sums just
n__.3 __14_ _U,11 n-A inoliiri,- "Tlip 'Rnqr(i of Regents of
M
B. Company, as named insured under City's insurance coverage, assumes to
the extent of the insurance coverage maintained by the City, the
risk of and University shall not be liable for damage to any and all
buses or other Company property used in the bus service.operation
regardless of the cause thereof. To the extent of the proceeds of
such insurance, the University shall be reimbursed for any damage or
injury to,University property arising out of or resulting from the
said bus service operation except that no such reimbursement shall be
made.for (1) damage to pavement by normal operation of buses, or
(2) any damage or injury caused by acts or omissions over which Compar
its employees, or agents had no control.
VIII.
Maintenance
Company agrees to maintain and operate said bus service and the buses used
providing the same in a safe, efficient and lawful manner and, in so doing,
shall comply with all applicable statutes, municipal ordinances, and traffi
rules and regulations promulgated by the University.
IN
Miscellaneous
A. It is further agreed that this Agreement is made solely for the benefi
of University and Company, that it is not made for the benefit of any
third person, whether a staff member or student of University, or
otherwise, and that no action or defense may be founded upon this
Agreement except by the parties signatory hereto.
B. In no event shall the Company be deemed to be in default of any
provision of this Agreement for failure to perform where such failure
is due solely to strikes, walkouts, civil insurrections or disorders,
acts of God, or for any other cause or causes wholly beyond the contrc
of the Company. In such eventuality, the University shall have the
right to procure appropriate transportation service from others during
the period. If, for any reason beyond the control of the University,
including but not limited to epidemics, student strikes or disorders,
or severe weather conditions, the University may, upon twelve (12)
hours' notice to the Company, request the temporary suspension of bus
service until the resumption of normal class schedules, in which event
the Company will -not furnish buses or be paid for services until the
resumption of service. The University shall, in such cases, notify
the Company twelve (12) hours in advance of the time service is to be�
resumed. 1
IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be
executed in their respective names and behalf by their duly authorized
officers and agents and their respective seals to be hereunto affixed,
all as of the 10th day of January, A.D. 1980.
TEXAS TECH UNIVERSITY
Isl M. Dan Williams
Dan Williams
Interim Vice -President for
Finance and Administration
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga
City Secretary -Treasurer
TRANSIT MANAGEMENT COMPANY
OF LUBBOCK
/s/ Dwight Maddox
Dwight Maddox, Vice -President
ACKNOWLEDGED AND AGREED TO only
in as far as set out in Section VI
A and B:
CITY OF LUBBOCK
Isl Dirk West
Dirk West, Mayor
Approved as to content:
Isl John L. Wilson
John L. Wilson, Transit Coordinato
Approved as to Form:
Isl Donald G. Vandiver
Assistant -City Attorney
19
The Transit System will provide approximately eight buses for the campus program, and
the University will pay $14.65 per hour.
The motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass
Resolution No. 383, with the understanding that the Texas Tech University will pay
all costs. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
80-39-19-23 Resolution No. 384
(24) A resolution authorizing the Mayor to sign a,contract between the City and James
McMenamy for the renewal of a rental contract for city -owned property.
DGV:bs
RESOLUTION NO. 384
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 Rental Contract between the
City of Lubbock as Lessor and James McMenamy as Lessee, a copy of which is attached
herewith which shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 10th day of Janua
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Denzel Percifull
Denzel Percifull, Dir. of Public Services
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
RENTAL CONTRACT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
4EM
THIS AGREEMENT entered into this lst day of January, 1980, between the
CITY OF LUBBOCK, a Home Rule Municipal Corporation, in Lubbock County, Texas,
hereinafter called Lessor, and JAMES MCMENAMY, hereinafter called Lessee.
WITNESSETH:
1. Upon the terms and conditions herein contained, Lessor hereby leases to
Lessee for the one crop season year beginning on January 1, 1980, and ending not
later than December 31, 1980, the following lands and premises in Lubbock County,
Texas, to -wit:
TRACT A:
All of that portion of the Southeast one quarter of Section 5, Block A,
Lubbock County, which lies South of Loop 289, containing 92.0 acres more
or less.
A portion of the East one half of Section 33, Block A, Lubbock County,
adjacent to the City Sanitary Landfill Site, containing 45 acres more or
less.
2. (a) Lessee agrees to prepare, plant, and cultivate all tillable land
in a farmer -like manner in due time and season; to keep down all noxious weeds
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.
II-) T na'r,-P-_ i-n rAiRe wheat during the winter and fallow the
20
(c) It is further agreed that as the crops are gathered from
any of said land during this lease, Lessee will surrender possession of
such portions thereof, so that Lessor or any future tenant may enter upon
said land and prepare it for cultivation for the following year; and
that no crops which would not ordinarily be harvested before the terminate
of this lease shall be planted without the consent of the Lessor in writin
signed by the City Manager of Lubbock, Texas, and any crops growing on sai
premises in violation of this provision shall revert to Lessor as its
absolute property, together with any plowing or work done by Lessee
without the written consent of Lessor as above provided.
3. Lessee agrees to pay Lessor twenty-five percent (25%) of all smal
grain crops raised,. In addition, the Lessee shall pay to Lessor thirty-t
and one third percent (33-1/3%) of all payments for small grain crops rece
from the United States Government. All rents are due and payable immediat
upon receipt of same by Lessee. All monies due to the Lessor are payable
City Hall, Room 207, Lubbock, Texas.
4. Lessee agrees to harvest and conserve Lessor's share of the crops
in a farmer -like manner; to head, gather,an&deliver all mature maize, he&
kaffir, and similar grain sorghums, and corn, to Lessor at a place design(
by Lessor's City Manager; all immature crops of maize, kaffir, hegarl, corn
oats, and other crops cut and bound but not to be threshed,
, to be stacked
a farmer -like manner on the premises unless Lessor agrees to take delivery
of all or part of such bundled crops in schocks in the field, to harvest
wheat and other small grain crops, bear all expenses incident thereto and
deliver same to elevator or store -houses designated by Lessor in the nearer
town or shipping point on the railroad, free of all charges, and deliver
proper receipts therefore in,,the name of Lessor to Lessor or its agent.
5. Lessee agrees and covenants to keep all fences, windmills,
buildings, wells, and other improvements in as good condition as they are
in at the time of entry, the usual wear and tear and injury or damages 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 rebuild
them Lessor shall be under no obligation to rebuild or repair said buildi
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 the Lessor, it being agreed that any impro-
ments placed on the premises contrary hereto shall become the property
of Lessor and shall not be removed by Lessee, in whole or in part.
6. Lessor 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. It is agreed and understood that should Lessor
enter upon said premises and make any improvements, the Lessee shall be
entitled to a reasonable amount of compensation for expenses incurred by
him resulting from such action by the Lessor.
7. Should Lessee fail or refuse to properly tend, cultivate, and
harvest the crops on said land, Lessor shall have the right to enter upon
said land and hire sufficient labor for that purpose, the cost of which
shall be repaid to Lessor out of the portion of the crops belonging to
Lessee. Lessee shall not sublet said premises, or any part thereof, witho
the written consent of Lessor, 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 Lessor, and Lessor shall have the right to enter upon and
take possession of said premises, and handle same in any manner that may
to it seem right and proper.
8. Lessee agrees to give peaceable possession of said property at tt
termination of this lease in as good condition as reasonable use and wear
permit, it being the absolute intention of this lease thatthe same shall E
upon the date above determined, and that Lessee shall not attempt to hold
under his lease, or claim any renewal, extension or continuance of this le
unless agreed to in writing and signed by the parties hereto, and no verba
agreement to abrogate the terms of this cause shall be binding or admissib
in evidence.
9. In case of sale of said premises during the occupancy of Lessee
hereunder and purchaser desires possession, Lessee agrees to surrender the
same at once upon receipt by him of the actual present value of the growin
crops, and the refund of the pro rata part of the cash payment for grass 1
if any, according to calendar year that has passed, the value to be determ
by three disinterested parties, one to be selected by Lessor, one by Lesse
and the two to choose a third, and their decision as to value shall be bin
10. If the land covered by this contract be occupied by any one other
than Lessee at the time he is entitled hereunder to enter, and said occupa
refuses to deliver possession, then Lessor will use diligence to obtain
possession as soon as same can be done, but if Lessor be delayed or
defeated in gaining possession, Lessor shall not be liable to Lessee for a
damages occasioned by such delay or failure to gain possession.
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21
11. Lessee covenants and agrees that Lessee will not waste the lands hereby
leased by dumping trash, debris, junk, or any foreign substance thereon or suffer,
permit, allow, or cause the same to be done.
12. 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 subject to the right of Lessor to develop and explore
for oil and gas and other minerals on said lands in the exercise of said rights, being
therein expressly reserved to Lessor, its agents, successors, and assigns.
13. It is understood and agreed that any time after thirty (30) days written
notice to Lessee, Lessor may enter into and upon the said premises or any part thereof
and may repossess the same as its former estate and expel the said Lessee, and those
claiming under him and remove his effects, without being taken or deemed guilty
of any manner of trespass; provided, that Lessee shall be entitled to a reasonable
amount of compensation for expenses incurred by him to the date of repossession by
Lessor.
14. It is understood that this lease applies only to land in cultivation and
does not apply to land in grass and subject to grazing. All such grass land will
be leased as such by separate contract.
15. Except as otherwise provided herein, this contract and all rights, claims,
and demands created thereby or resulting ther&fr.o-m,shall.b-e performed at the City Hall
of Lubbock, Texas. This contract shall not be binding until approved by the City
Council of the City of Lubbock.
16. Lessor is not to contribute in any way to the cost or control of insects
or defoliation.and Lessee agrees, to.hold Lessor harmless from all claims or causes
of action that might arise as the result of defoliation or control of insects.
LESSOR:
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Denzel Percifull
Denzel Percifull, Dir. of Public Services
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
LESSEE:
/s/James McMenamy
JAMES MCMENAMY
Mr. McMenamy would like to renew his rental contract for another year. This property
is located as follows:
Tract A --immediately east of the Estacado High School
area inside Loop 289.
Tract B--immediately south of the City of Lubbock Sanitary
Landfill
The proposed rental agreement is comprised of approximately 137 acres. Mr. McMenamy
will pay to the City 1/3 of all the government payments and proceeds derived from
crops raised on this land.
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Resolution
No. 384 approving the rental contract to Mr. James McMenamy. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
80-39-21-24 Resolution No. 385
(25)
A resolution designating the Animal Control Supervisor as the local health authority
for control and eradication of rabies. -
DGV:bs
RESOLUTION NO. 385
WHEREAS, the Legislature of the State of Texas has required the City Council
of the City of Lubbock to designate an officer of the City of Lubbock to act as the local
w
health authority for the control and eradication of rabies under provisi
of House Bill 1323; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Animal Control Supervisor of the City of Lubbock, Texas,
shall be the officer empowered to act under provisions of House Bill
1323 for the control and eradication of rabies in the City of Lubbock,
Texas.
Passed by City Council this 10th day of January 1980
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Thomas Trombley
Tom Trombley, Animal Control Supervisor
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, Assistant City
Attorney
To comply with a new state law effective January 1, 1980, the City must
designate an officer for control and eradication of rabies. The same
requirement is made of the County, and Judge Rod Shaw has contacted the
City Manager with respect to entering into a contract with the City
whereby the one officer would provide this service for both the City and
County. The terms of the contract are yet to be worked out specifying
what agency will be making the inspections, costs involved, and related
matters.
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to pass Resolution No. 385 designating the City Animal Control
Supervisor only. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
80-39-22-25 Consider Change Order #1 to C. B. Thompson Construction Co. for the
(26) construction of Pump Station #10 and Reservoir.
This change order is necessitated when incoming and outgoing lines from
the reservoir on 82nd Street could not be made because of an existing
gas line, thus requiring some modifications circumventing the existing
gas line. The change order is in the amount of $5,752 requiring addi-
tional conduit for tennis court lighting, addition of a load -bearing
lintel plate above the plumbing chase, grade adjusting bends for the
supply and discharge lines, and conduit for the control system conductors.
Motion was made by Councilman McAlister, seconded by Councilwoman
Jordan to approve Change Order No. 1, referenced above. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
80-39-22-26 Consider accepting roads and well stands in Sandhills Well Field and
(27) authorizing final payment to the contractor.
The original contract was in the amount of $174,708.39; the final cost
is $177,320.63; the final payment due the contractor is in the amount of
$24,034.63.
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry
to accept the referenced improvements and authorize final payment.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
23
80-39-23-28 Ordinance No. 7980
(29)
An appropriation ordinance from Water Capital Projects Fund for water line ahead of
paving on Slide Road.
ORDINANCE NO. 7980
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to
appropriate certain specific funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund, to -wit:
Water Capital Project Fund
The sum.$19,899.12
For the following purpose: Construct tqater lines ahead of paving Slide
Road from 82nd Street to 98th Street.
AND IT IS SO ORDERED
Passed by the Council on first reading this 10th day of January, 1980.
Passed by the Council on second reading this day of , lg—.
ATTEST:
CITY SECRETARY-TREAS.
VERIFIED BY:
FINANCE OFFICER
APPROVED BY:/s/ Guy Wilson
HEAD OF DEPT. Water Eng. Dept.
80-39-23-29 Ordinance No. 7981
(30)
An appropriation ordinance from Sanitary Sewer Capital Projects Fund for sewer line
ahead of paving on Slide Road.
ORDINANCE NO. 7981
IFTIMMESIMIJ."I 0MAIRIC"
WHEREAS, the City Council of the City of Lubbock finds it is necessary to
appropriate certain specific funds for an approved project;
NOW THEREFORE,
BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund, to -wit:
Sewer Capital Project Fund
The sum $14,234.74
For the following purpose:
Construct sanitary sewer lines ahead of paving
Slide Road from 82nd Street to 98th Street.
24
AND IT IS SO ORDERED
Passed by the Council on first reading this 10th day of January, 1980.
Passed by the Council on second reading this day of , 19 .
ATTEST:
CITY SECRETARY-TREAS. VERIFIED BY:
FINANCE OFFICER
APPROVED BY:—/s/ Guy Wilson
HEAD OF DEPT. Water
Funds were not provided in the last bond program for water and sewer lines
ahead of paving. Upon the recommendation of the outside auditors, these f
should be provided from current funds since it is an annual recurring cost
The water line construction ahead of the Slide Road paving from 82nd to
98th Street is $19,809.12; the cost for the sewer line construction is
$14,234.74. It is the recommendation of the staff that transfers from the
Water and Sewer Fund balances be transferred to the Water and Sewer Capita
Projects Fund.
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to
accept the recommendation of the staff transferring funds from the Water
and Sewer Fund balances to the Water and Capital Projects Funds; to pass
Ordinance No. 7980 on first reading and to pass Ordinance No. 7981 on first
reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
80-39-24-30 Consider report on financing plan for interconnect.
(31)
Mayor Pro Tem Henry presiding.
Carroll McDonald, Director of Sales and Service, LP&L, appeared and report(
that the Electric Utilities Board at a previous Council Meeting made the
recommendation for the City to proceed with negotiations for an interconne(
with Southwestern Public Service and to consider various alternatives
for the funding of same at an estimated cost of $1,562,411. The anticipat(
completion date is June, 1982. Mr. McDonald indicated that the contract
encompasses three vital areas:
1. It provides firm power--10 MW of electricity at 1.65� per
KWH;
2. Non -firm or economy power schedule --additional purchase
power, the cost being half the difference between SPS
incremental cost and LP&L's incremental cost;
3. Emergency power--100 MW at 4� KWH.
The agreement is for ten years from date of first delivery of electric
energy; the contract will be from year to year after that, unless
terminated by either party upon written notice two years prior to
termination.
As to proposed alternatives for funding, there remains from the 1973
bond issue $670,000. There are accumulated reserves in the Electric
Revenue Debt Service Fund in the sum of $650,000 over and above the
required $1,625,000 reserve, said funds not being transferable out of
the Debt Service Fund; therefore, monthly transfers from the Operating
Fund in an equivalent amount is recommended; there are funds in the
amount of $470,000 which are part of LP&L's part of the pool investments
that are available. It is the recommendation of the Electric Utilities
Board and the staff to approve this agreement with the referenced fundings.
The motion was made by Councilman McAlister, seconded by Councilwoman
Jordan to accept the report and recommended financing plan. Motion
carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay; Mayor West abstaining.
8-39-24-31 Resolution No. 386
(32)
A resolution authorizing the Mayor Pro Tem to execute an interconnect
agreement with Southwestern Public Service Company.
. Dept.
25
'JAN
DWR: cl
RESOLUTION NO. 386
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock
County, Texas, owns and operates a utility company known as Lubbock Power and Light,
and
WHEREAS, the City of Lubbock is desirous of securing an additional source of
electric power and energy for Lubbock Power and Light, and
WHEREAS, the City of Lubbock is desirous of entering into an Agreement with
Southwestern Public Service Company, a New Mexico corporation, whereby the City of
Lubbock would secure an additional source of electric power and energy from Southwestern
Public Service Company, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor is authorized and directed to execute for and on behalf of the
City of Lubbock an Agreement between the City of Lubbock, Texas, and Southwestern
Public Service Company under which the City of Lubbock will secure from Southwestern
Public Service Company electric power and energy, and such Agreement being attached
herewith 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
ATTEST:
10th day of January 1980.
Isl Dirk West
DIRK WEST, MAYOR
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Carroll McDonald
Carroll McDonald, Director of Utility
Sales and Service
Isl David W. Reagan
David W. Reagan, Asst. City Attorney
F.309:401mayl
This agreement, made and entered into by and between the CITY OF LUBBOCK, TEXAS,
a municipal corporation (hereinafter referred to as "the City") and SOUTHWESTERN PUBLIC
SERVICE COMPANY, a New Mexico corporation (hereinafter referred to as "the Company"),
is as follows:
WHEREAS, both of the parties hereto -own and operate facilities for the generation
and distribution of electric power and energy to the consuming public, and;
WHEREAS, the City is desirous of securing an additional source of electric
power and energy, and;
WHEREAS, a 230,000 volt source of electric power and energy owned by the Company
and facilities of the City are so located that they can be connected by constructing
a 230,000 volt transmission line and a step-down substation, and;
WHEREAS, the parties hereto have determined that each of them can realize substanti
benefits through improved service to the City's customers and the sale of electric power
and energy under the terms of this agreement;
NOW, THEREFORE, for and in consideration of the premises and the covenants and agreements
hereinafter set forth, the parties hereto agree as follows:
ARTICLE I
FACILITIES TO BE PROVIDED
Section 1.1. The Company agrees to purchase and install an oil circuit breaker
and associated equipment sufficient to tap the 230,000 volt bus of the Company's
Clifford B. Jones Station (hereinafter called "the Station") located southeast of
Lubbock, Texas, which oil circuit breaker and associated equipment shall be maintained
and operated by the Company during the term of this agreement and any extensions or
renewals thereof. The City hereby agrees to pay to the Company, within thirty (30)
days of the receipt by the City of an invoice therefor, all costs of the purchase,
installation, maintenance and repair of such oil circuit breaker and associated
equipment during the term of this agreement or any extensions or renewals thereof.
Upon termination of this agreement, as herein provided, all associated equipment
26
above described oil circuit breaker at the City's depreciated book
value thereof at the time. Should the Company fail to exercise its
option to purchase said oil circuit breaker as hereinafter provided,
within thirty (30) days of the termination of this agreement, the City
shall remove such oil circuit breaker from the premises of the Company
immediately, leaving the premises of the Company in a good state of
repair.
Section 1.2. The City will construct, at its sole expense, a shieldec
230,000 volt transmission line of a type and design previously approved in
writing by the Company from the Station to the City's Holly Avenue Power
Plant location and will provide a step-down substation from 230,000 volts
to the City's transmission systeTr4together with control, switching and
protective equipment of a type and design previously approved in writing b3
the Company, which will permit the Company to deliver and the City to
receive electric power and energy as provided for herein.
Section 1.3. The City agrees that it will install all necessary
apparatus and equipment required by the Company for the performance of thi
agreement and will at all times so maintain and operate such apparatus and
equipment so as to avoid undue electrical disturbance to the Company's
system.
Section 1.4. It is the intent of the parties hereto that the instal-
lations of the various equipment and lines described in Sections 1.1., 1.2,
and 1.3 above shall be completed by theist day of July , 1982 -
ARTICLE II
METERING
Section,2...l. The Company will provide, maintain and operate, at its
expense, metering equipment for proper indications of electric energy flow
to the City and telemetering equipment for transmission of metering signals
to the Company's control center. The amounts of electric power and energy
supplied to the City in accordance with the terms of this agreement shall
be determined by the metering facilities as hereinabove described.
Section 2.2. Metering equipment shall be tested by the Company in
accordance with all applicable standards published by the American National
Standards Institute. If any meter test requested by the City other than
those tests normally performed by the Company discloses metering equipment
to be registering outside acceptable limits of
f accuracy (2% above or below
comparison with calibrated standards), then the Company shall bear the
expense of such tests; otherwise, the expense of such tests shall be borne
by the City. Representatives of the City shall be afforded an opportunity
to be present at all tests.
Section 2.3. If any metering test discloses that a meter is in error
by more than plus or minus two per cent (+ or - 2%) the account between the
parties hereto shall be adjusted by the Company to correct for the full
percentage of inaccuracy. Such adjustment shall be made for a maximum
period of ninety (90) days prior to the date of such test or for the perioc
during which such inaccuracy maybe,,d6termined to have existed, whichever
period is shorter. If any metering equipment, at any time, fails to registE
or if the registration thereof be so erratic as to be meaningless, all
electric energy delivered to the City during such period of time shall be
determined by the Company from the best available data.
Section 2.4. The City shall have the right, at any time, to install
its own metering equipment at its sole expense of a type and design pre-
viously approved in writing by the Company for the purpose of checking the
meters installed by the Company.
ARTICLE III
RATES AND TERMS
Section 3.1. Electric power and energy supplied to the City pursuant
to this agreement shall be supplied, during the term of this agreement, in
accordance with the terms and conditions and at rates set forth in Service
Schedules A, B and C (attached to this agreement), however, notlt-n-gcontain(
herein shall be construed as affecting in any way the right of any party
furnishing or receiving service under thes-exate schedules to unilaterally
make application to the Federal Energy Regulatory Commission or other
governmental body having jurisdiction for a change in rates, charges,
classification, or service, or in any rule, regulation, or contract relatir
thereto, or to petition for investigation of existing rates, under
Section 205 and 206 of the Federal Power Act, whichever shall be applicablE
and pursuant to the Commission's rules and regulations promulgated thereunc
Should any such changes be made, the parties hereto agree to implement suct
changes, as ordered or directed, without the necessity of further agreement
between the parties.
27
JAN f9b
ARTICLE IV
RESTRICTION OF USE
Section 4.1. Electric energy supplied by the Company in accordance with the terms
of this agreement shall not be used by the City in conjunction with any other source
of electric energy other than the City's, without two (2) years prior written notice
to the Company, except that if electric energy supplied by the Company should fail or
be interrupted and if the City's system is (and during such time period remains)
electrically isolated from the Company's system, the City may, during such period of
isolation, use any other source of electric energy without such notice.
ARTICLE V
DELIVERY POINT
Section 5.1. The delivery point (hereinafter called "delivery point") of electric
power and energy provided for hereunder shall be the point where the Company's
facilities connect to the City's facilities, as shown on Exhibit 1 to this agreement.
ARTICLE VI
COMMUNICATIONS EQUIPMENT
Section 6.1. The City hereby agrees to furnish all necessary communications
equipment, and agrees to have on duty, at all times, sufficient personnel so that
voice communication can be established between the City and the Company's control
center located at Amarillo, Texas, for the scheduling, and dispatching of electric
energy flow to the City.
ARTICLE VII
REACTIVE AMPERES
Section 7.1. The parties hereto acknowledge that certain operational and technical
problems may arise in the control of the flow of reactive amperes. It is, therefore,
agreed that the operating department of both of the parties hereto, through their respec-,7
tive duly authorized representatives, shall cooperate with each other in such matters,
so that, as nearly as practicable, the delivery and receipt of electric power and energy
shall be accomplished with the least interference with the respective systems of
each party. During the term of this agreement, or any extension thereof, the Company
shall not be obligated to carry, what the Company considers to be abnormal reactive
current which would adversely affect or interfere with or limit the operation of the
Company's use of its other facilities or would require the operation by the Company
of generating equipment not normally operat6dbyit.
ARTICLE VIII
BILLING AND PAYMENT
Section 8.1. As soon as practicable, monthly, after any meter reading date, the
Company will render to the City a statement showing the total amounts due to the Company
for the electric power and energy supplied to the City in accordance with this agreement.
All statement;sfor electric power and energy supplied to the City in accordance with
the terms hereof shall be due and payable to the Company at the Company's office at
Amarillo, Texas on the 10th day following receipt of such statement by the City.
ARTICLE IX
INDEMNIFICATION
Section 9.1. Electric power and energy supplied in accordance with the terms of
this agreement is supplied upon the express condition that, after it passes the delivery
point as hereinabove described, it becomes the property of and the responsibility of
the City. The City hereby agrees to indemnify and.hold the Company harmless from any
and all liability, loss, damages for injury to persons, including death, and all damages
to or destruction of property arising out of the transactions contemplated hereby
which are determined to have been caused by the sole negligence of the officers, agents,
or employees of the City; likewise, the Company hereby agrees to indemnify and hold the
City harmless from any and all liability, loss, damages for injury to persons, including
death, and all damages to or destruction of property arising out of the transactions
contemplated hereby which are determined to have been caused by the sole negligence of
the officers, agents, or employees of the Company. Should any tribunal of competent
jurisdiction, by final decree, find that such liability, loss, damages for injury to
persons, including death, and damages to or destruction -,of property arising out of
the transactions contemplated hereby were caused by the joint negligence of the officers,
agents, or employees of the parties hereto, then, in such instance, the parties hereto
agree to abide by such final decree in accordance with the applicable laws of comparative
negligence.
ARTICLE X
FORCE MAJEURE
Section 10.1. If by reason of force majeure either party hereto is unable
totally or in part to carry out its agreement on.this part herein contained, such
party shall not be deemed in default during the continuance of such inability.
Section 10.2. The term force majeure as used herein shall mean the following:
acts of God, strikes, lock -outs or other industrial disturbances, acts of public enemies,
orders, acts or laws of any governmental authority or any of their subdivisions,
departments, agencies, or officials, or any civil or military authority, fuel
interruptions, insurrections, riots, epidemics, landslides, lightning, earthquake, fire,
hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and peop
M
not reasonably within the control of parties hereto. The parties agree,
however, to remedy, with all reasonable dispatch, the cause or causes
preventing the respective parties from carrying out their agreements,
provided, that settlement of strikes, lock -outs and other industrial
disturbances shall be entirely within the discretion of the respective
parties, and they shall not be required to make settlements of strikes,
lock -outs and other industrial disturbances by acceding to the demands
of the opposing party or parties when such course is, in the judgment
of such party, unfavorable to that party.
ARTICLE XI
TERMINATION BY DEFAULT
Section 11.1. The failure of either party hereto to comply with
all of the terms and conditions of this agreement shall place such default:
party in breach of this agreement and upon the happening of such event, th(
non -defaulting party shall have the option to terminate this agreement as
herein provided. Upon discovering said default, the non -defaulting party
shall give written notice to the defaulting party that such breach be cure(
within thirty (30) days of receipt by the defaulting party of the notice.
Should such defaulting party fail to cure its breach of this agreement.
within said thirty day period, the non -defaulting party may terminate this
agreement by a subsequent written notice to the defaulting party and this
agreement shall be deemed terminated upon receipt by the defaulting party
of such subsequent notice. These default provisions shall not preclude
either party hereto from any remedy or remedies prescribed by law for any
breach of this agreement.
ARTICLE XII
TERM
Section 12.1. This agreement shall become effective as of the date of
the execution hereof by both parties and shall continue, subject to the
rights of termination set out above, for a period of ten (10) years from
and after the first delivery of electric energy by the Company to the City
in accordance with the terms hereof. After such initial ten year term,
this agreement shall continue from year to year thereafter subject to
termination by either party hereto by written notice of intention to termi-
nate to the other party at least two (2) years prior to such intended
termination.
ARTICLE XII
MISCELLANEOUS
Section 13.1. The City hereby agrees to keep log sheets and other
records as may be needed to afford a history of the amounts of electric
energy involved in the transaction hereunder. The originals of all such
records shall be open to inspections by representatives of the Company at
all reasonable times.
Section 13.2. Waiver at any time by either party hereto of its right
with respect to a default under this agreement, or with respect to any
other matter arising in connection with this agreement, shall not be
deemed a waiver with respect to any subsequent default or matter.
Section 13.3. This agreement and all of the obligations contained
herein are conditioned upon the valid orders of and the granting of approve
and authorization by any commission or regulatory body, having jurisdiction
or whose approval or authorization may be required by law.
Section 13.4. Each party hereto hereby grants to the other party
hereto, reasonable access to such party's facilities for any lawful purpo
when accompanied by a duly authorized representative of such party.
Section 13.5. The Company does not guarantee that the supply of
electric power and energy in accordance with the terms hereof will be free
from temporary interruptions and it is hereby agreed by the parties hereto
that temporary interruptions of the Company's service hereunder shall not
constitute a breach of this contract on the part of the Company. In the
event of temporary interruptions to service, the Company will restore
service as soon as it can reasonably do so, and will at all times exert
itself toward the end of supplying as nearly constant service as is reason-
ably practicable.
Section 13.6. This contract is performable in Amarillo, Potter
County, Texas and all payments due to the Company are payable at Amarillo,
Potter County, Texas and the parties hereby agree that venue for any legal
actions brought hereunder is properly laid in Potter County, Texas.
EXECUTED THIS 10th day of January, 1980
CITY OF LUBBOCK, TEXAS
A Municipal Corporation
ATTEST:
Isl Evelyn Gaffga By Isl Alan Henry
Evelyn Gaffga Alan Henry, Mayor Pro Tem
29
Is
ATTEST:
Isl R. B. Summers
Asst— Secretary
THE STATE OF TEXAS
COUNTY OF LUBBOCK
SOUTHWESTERN PUBLIC SERVICE COMPANY
A New Mexico Corporation
By Isl C. F. Mlinar
C. F. Mlinar, Vice President
BEFORE ME, the undersigned authority, in and for said County, Texas, on this
day personally appeared Alan Henry, Mayor Pro Tem , known to me to be the person
and officer whose name is subscribed to the foregoing instrument and acknowledged
to me that the same was the act of the said CITY OF LUBBOCK, TEXAS, a municipal
corporation, and that he executed the same as the act of such corporation for the
purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 11 day of January, A. D., 1980 .
Isl Lois M. Wilcoxson
Notary Public, Lubbock County, Texas
My commission expires 9-14-80
THE STATE OF TEXAS
COUNTY OF POTTER
BEFORE ME, the undersigned authority, in and for said County, Texas, on this
day personally appeared C. F. Mlinar, Vice President
known to me to be the person and officer whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of the said SOUTHWESTERN
PUBLIC SERVICE COMPANY, a New Mexico corporation, and that he executed the same as
the act of such corporation for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 11 day of January
A.D., 1980
/S/ Given Birtciel
Notary Public, Potter County, Texas
My commission expires June 30, 1980
SERVICE SCHEDULE A
to Agreement between the City of Lubbock, Texas
and Southwestern Public Service Company
ARTICLE A-1
DEFINITIONS
In addition to the words and terms defined in the Agreement to which this
Schedule is attached, the following words and terms as used in this Schedule, shall
have the following meanings unless the context or use indicates another or different
meaning or intent.
Section A-1.1. The term "firm power" as that term is used herein shall mean
that quantity of electric power and energy, that the Company will have available
monthly to the City in accordance with the terms and conditions of this Agreement.
Section A-1.2. The term "kw" as that term is used herein shall mean kilowatt
hour per hour.
Section A-1.3. The term "billing demand" as that term is used herein shall mean
the quantity of firm power, expressed in kilowatts designated as provided in Section
A-2.1. hereof and subject to the provisions of Sections A-4.1. and A-4.2. hereof.
ARTICLE A-2
Designations of Quantities of Firm Power
Section A-2.1. On execution of the Agreement to which this Schedule is attached,
the City shall submit to the Company, in writing, the City's firm power demand for the
first twelve (12) months of delivery of electric power and energy to the City by the
Company. Upon acceptance, in writing, by the Company to the effect that the City's firm
power demand for the first twelve months of delivery is satisfactory to the Company,
such quantities of electric power shall be designated as firm power for such initial
twelve months. Thereafter, annually one (1) month prior to the anniversary date of
the first delivery of firm power in accordance with this agreement, the City will
submit to the Company, in writing, the City's firm power demand for the next succeeding
twelve (12) month period. (Each such period to commence on the anniversary date of
the first delivery of firm power in accordance with this agreement.) Upon acceptance,
in writing, by the Company to the effect that each annual firm power demand subsequent
to the initial twelve months period will be satisfactory to the Company, such quantities
of electric power shall be designated as firm power for the applicable period.
30
ARTICLE A-3
RATES FOR FIRM POWER
Section A-3.1. During the term of this Agreement or any extensions of
renewals thereof, and subject to change as hereinafter provided, the City
hereby agrees to pay Company for firm power at the following monthly rates
$2,300 per month for the first 500 kw of firm power,
or less, of billing demand, plus
$4.48 per kw per month of firm power for all additional
billing demand * , plus
$1.03 cents per kwh for all energy delivered hereunder.
Section A-3.2. In addition to the rates provided for above in Sectioi
A-3.1 hereof, such amounts shall be increased or decreased per kwh of sale;
equal to the difference between the fuel cost per kwh of sales in the base
period and estimated cost per kwh of sales in the current month adjusted f(
the preceding month estimate error. Fuel cost per kwh of net generation
during the base period was 0.9000 cents. The loss adjustment to the point
of sale is 4.4%. The energy charge adjustment will be calculated in compl:
with the formula and conditions set forth in Section 35.14 of the Regulati(
under the Federal Power Act (Title 18, Part I, Subchapter B of the Code of
Federal Regulations).
Section A-3.3. Billings under this Schedule may be increased by an
amount equal to the sum of the taxes payable under federal, state and loca'
sales tax acts, and all of the additional taxes, fees, or charges, (exclus:
of ad valorem, state and federal income taxes) payable by the Company and
levied or assessed by any governmental authority on the Company services
rendered, or on the right or privilege of rendering the service, or on any
object or event incidental to the rendition of the service, as the result
any new or amended laws after September 1, 1978.
ARTICLE A-4
BILLING DEMAND ADJUSTMENTS
Billing demand shall be subject to the following adjustments:
Section A-4.1. In the event the Company is unable to furnish the
quantities of firm power designated by the City (as a result of force maj
or in the event City is unable to receive the quantities of firm power
previously designated by the City (as a result of force majeure), billing
demand shall be adjusted downward to the maximum power actually supplied,
such downward adjustment to be effective from the date Company is so unab
to receive such quantities of firm power, whichever is earlier, and shall
be effective until such time as the reason therefore is cured.
Section A-4.2. In the event the City requests quantities of power
exceeding the billing demand (hereinafter called excess billing demand) an(
Company provides such quantities, the billing demand shall be adjusted by t
Company upward by the amount of such increase, which adjustment shall be
effective from the date such excess quantities are supplied and extending
thereafter to the end of the current twelve (12) month period for which
firm power has been designated. If Company is not agreeable to providing
such additional demand for the remainder of such twelve month period, City
shall pay for the excess demand only for the billing month in which the
excess was taken. The City hereby agrees to pay an additional charge of tl
Company's cost, plus 10%, if the Company must purchase power from its other
interconnections to meet the City's excess billing demand. The City's eXCE
billing demand shall be exempt from this adjustment if such excess is cause
by an emergency or a non -firm energy sale and the Company agrees to sell ar
deliver the same under Schedules B or C hereof. In that event, such excess
shall be billed under the provisions of the applicable Schedule.
SERVICE SCHEDULE B
to Agreement between the City of Lubbock, Texas
and Southwestern Public Service Company
ARTICLE B-1
DEFINITIONS
In addition to the words and terms defined in the Agreement to which
this Schedule is attached, the following words and terms as used in this
Schedule, shall have the following meanings unless the context or use
indicates another or different meaning or intent.
Section B-1.1. The term "emergency service" as that term is used here
shall mean electric power and energy (other than electric power and energy
supplied under Schedules A and C hereto) supplied by the Company to the Cit
under unexpected emergency conditions beyond the control of the City where
the City is temporarily unable to obtain needed electric power and energy
from other sources normally available to it.
s
31
ARTICLE B-2
AVAILABILITY OF EMERGENCY SERVICE
Section B-2.1. When the City, in an emergency, shall require emergency service
from the Company, the City shall contact the Company requesting such emergency service.
The Company shall then furnish the requested emergency service from any available source
to the extent that, in the judgment of the Company, the providing of such emergency
service will not impair or jeopardize other service in the system of the Company.
ARTICLE B-3
RATES FOR EMERGENCY SERVICE
Section B-3.1. For emergency service provided for in this Schedule, the City
shall compensate the Company monthly at the following rates:
(a) If provided from the Company's system, the greater of
4.000 cents per kwh, or the Company's cost of fuel for generating
such energy, including start up costs, if any, plus 5 mils per
kilowatt hour.
(b) If provided from sources outside of the Company's own system,
procurement costs In mils per kwh plus 10% for losses and handling.
Section B-3.2. Billings under this Schedule may be increased by an amount equal
to the sum of the taxes payable under federal, state and local sales tax acts, and all
of the additional taxes, fees or charges, (exclusive of ad valorem, state and federal
income taxes) payable by the Company and levied or assessed by any governmental authority
on the Company's services rendered, or on the right or privilege of rendering the service
or on any object or event incidental to the rendition of the service, as the result of
any new or amended laws after September 1, 1978.
SERVICE SCHEDULE C
to Agreement between the City of Lubbock, Texas
and Southwestern Public Service Company
ARTICLE C-1
DEFINITIONS
In addition to the words and terms defined in the Agreement to which this
Schedule is attached, the following words and terms as used in this Schedule, shall
have the following meanings unless the context or use indicates another or different
meaning or intent.
Section C-1.1. The term "non -firm energy" as that term is used herein shall
mean electric energy which the Company can produce and deliver (other than that
electric energy described in Schedules A and B hereto) at a cost below that at
which the City can generate at its own generators in operation at the time of
purchase, and which the Company is willing and able to sell in the Company's
sole discretion, and the City is willing and able to purchase.
ARTICLE C-2
AVAILABILITY OF NON -FIRM ENERGY
Section C-2.1. At any time during the term of this Agreement or any extension
or renewal thereof, that the City desires to purchase non -firm energy and the Company
is willing and able to sell such non -firm energy, the parties may effect such purchase
and sale by verbal agreement through the Company's control center at Amarillo, Texas
in accordance with the provisions hereof. The Company hereby reserves the right at any
time during such purchase of non -firm energy by the City to discontinue same for any
reason. If an emergency should occur on the City's system during the purchase of any
non -firm energy, all energy purchased in excess of firm power shall be paid for in
accordance with the terms and conditions of Service Schedule B to this Agreement.
Section C-2.2. During any month in which the Company sells non -firm energy
to the City, the City shall make available such records as are necessary to establish
that it had concurrently available, at the time of any non -firm energy purchase,
alternate dependable capacity that could have otherwise been used to produce or
furnish equivalent quantities of energy.
ARTICLE C-3
RATES FOR NON -FIRM ENERGY
Section C-3.1. During the term of this Agreement or any extensions or renewals
thereof, and subject to change as hereinafter provided, the City hereby agrees to
pay to the Company for non -firm energy the following rate:
Rate = B + A-B
2
where A equals the City's anticipated incremental production costs per kwh during the
transaction and B equals the Company's anticipated incremental production and delivery
costs per kwh during the transaction. Incremental costs shall mean the costs to each
respective party to produce the kwh .involved in the transaction.
32
--jol 100 19V
80-39-32-32
(33)
q
-7 4 2-
jlv��
I _� 1/4
Motion was made by Councilman McAlister, seconded by Councilman Aderton
to pass Resolution No. 386 approving the interconnect agreement with
Southwestern Public Service. Motion carried: Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and.McAlister voting Yea; none
voting Nay; Mayor West abstaining.
Resolution No. 387
A resolution authorizing the Mayor to execute a Grant Agreement with the
Federal Aviation Administration for partial funding of Projects #6-48-
0138-14 (transformer vault and beacon) and 6-48-0138-14 (entrance and
service road), said projects being approved December 12, 1979.
RESOLUTION NO. 387
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 Grant
Agreement between the City of Lubbock and the United States of America,
acting through the Federal Aviation Administration, 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 loth day of . Janua
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
Isl Susan M. Tom
Susan M. Tom, Asst. City Attorney
NOTE: Original Grant Agreement and Site Plans attached to Original
Resolution No. 387,entitled "Grant Agreement #6 48 0138 14 for
beacon and service road."
At the December 12, 1979 Regular City Council Meeting, bids were awarded
for contracts with respect to the above referenced items. Subsequently,
a grant from the FAA has been received in the amount of $1,025,813 to
cover the federal portion of these projects, to -wit:
1. Widening Entrance Road;
2. Construct Service Road to south area of Terminal Parking;
3. Construct Service Road to west ramp of Terminal apron;
4. Construct transformer vault;
5. Reroute airport lighting circuits;
6. Install new KVA engine generator;
7. Install new rotating beacon.
197
The motion was made.by Councilwoman Jordan, seconded by Mayor Pro Tem.
Henry to pass Resolution No. 387 to execute the referenced grant agreement,
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
80-39-39-33 Consider accepting the Report of the City Manager, and approving renewal
(34) of Taxicab Permit unto Sexton Enterprises d/b/a Yellow Cab Co.
Mayor Pro Tem Henry presiding.
Ordinance No. 7565 requires that the permit to do taxicab business in
the City of Lubbock must be renewed annually following the inspection of
various aspects of the business, a report being submitted by the City
Manager with respect to the findings made upon inspection. The present
permit is held by Sexton Enterprises, d/b/a Yellow Cab Company, and
expires January 13, 1980. The permit is good for one year.
33
80-39-33-34
(35)
80-39-33-35
(36)
80-39-33-36
(37)
The report of the City Manager reflects that an inspection was made of the vehicles,
records and operations by a member of the City Manager's staff, a representative of
the Internal Auditing staff, and the Garage Superintendent. Their findings reflect
the operations to be good, the vehicles to be in good condition, and their bookkeeping
procedures in good order. The only noncompliance to the ordinance discovered was
that the vehicles do not comply with one uniform color scheme. The permit holder
indicated the reason for this was that the resale value is much less if a uniform
color is required. The City Manager's report indicated that there possibly needs to
be some revision in the ordinance to make allowance for this matter.
Motion was made by Councilman Aderton, seconded by Councilman McAlister to accept the
report of the City Manager and to renew the Taxicab Permit for one year to Sexton
Enterprises, d/b/a Yellow Cab Company. Motion carried: Mayor Pro Tem Henry, Councilwoma
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West
abstaining.
Ordinance No. 7982
An ordinance amending the boundaries of the City of Lubbock voting precincts to bring
them into compliance with the new Lubbock County voting precincts going into effect
March 1, 1980. i
- i
JCR:cl ORDINANCE NO. 7982
f
AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF PORTIONS OF SECTION 10-6 WITH REGARD TO
BOUNDARY DESCRIPTIONS OF CERTAIN VOTING PRECINCTS: ADDING THERETO BOUNDARY DESCRIPTIONS
OF CERTAIN NEW PRECINCTS; PROVIDING FOR A MAP OF THE VOTING PRECINCTS OF THE CITY OF
LUBBOCK: PROVIDING THAT ALL PORTIONS OF SECTION 10-6 NOT AMENDED SHALL REMAIN THE
SAME; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.'
The purpose of this ordinance is to bring the voting precincts into compliance with
the Lubbock County voting precincts which will become effective March 1, 1980. These
boundaries do not affect the January 19, 1980 Special City Election, but will be in
effect for the April 5, 1980 Regular City Election. City Attorney John Ross indicated
the need for this ordinance was to submit these changes to the Justice Department for
preclearance inasmuch as the Lubbock County officials have not submitted them and do
not intend to do so. It is a requirement of the Federal Elections Commission that
all changes in the State of Texas affecting voting precincts and voting procedures be
precleared.
E
The motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to pass
said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, s
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
(This item will be added to the ongoing list of mundane federal requirements placing
a burden upon municipalities.)
Consider authorizing the charge -offs of various accounts.
This is a routine procedure whereby the charge -offs of certain uncollectible accounts
are authorized to more accurately reflect the value of accounts receivable.
The motion was made by Councilwoman Jordan, vigorously seconded by Councilman Aderton
to authorize the referenced accounting procedure. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
vote Nay.
Jim Brown, Manager of Cox Communications, Inc., requests an ordinance approving
merger of Cox Communications, Inc. and G.E.
Under the terms of Ordinance No. 4627, Mr. James Brown, Manager of Lubbock Cable TV,
is requesting approval of proposed merger between Cox Cable Communications, Inc. and
General Electric Company. The proposed ordinance will require General Electric to
abide by the terms of the original franchise ordinance and to file with the City
Secretary a statement indicating they agree to be bound by the terms and conditions
of that ordinance. Under provisions of the Charter, the ordinance needs to be read
three times and published three consecutive weeks following the third reading.
Discussion ensued as to the quality of service that General Electric would provide;
f
that there had been received by various members of the Council complaints from the
citizens with respect to the present quality of service, it being the thought of
Mayor Pro Tem Henry that possibly a public hearing should be held before this matter
is considered further to allow for citizen input; Councilman Aderton suggested that a
public hearing might not be necessary, but that Mr. Brown should appear before the
Council to speak to these matters and other comments from other citizens would be
welcome at that time.
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to delay
further consideration of this matter until January 24, 1980 at which time Mr. Brown
will be requested to appear before the Council to speak to these complaints; additionally
other comments from interested citizens would be received at that time. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
i
34
Z
80-39-34-37 Resolution No. 388
(38)
A resolution regarding collective bargaining.
JCR:cl
RESOLUTION NO. 388
WHEREAS, the citizens of Lubbock have long been fortunate to be
served by a professional and experienced fire department that is among
the best in Texas, and
WHEREAS, the Lubbock City Council has long recognized the outstanding
service provided by these dedicated employees, and
WHEREAS, the Lubbock City Council continues to provide the best
wages, benefits and working conditions within our financial means, and
WHEREAS, the Lubbock City Council is dedicated to continuing its
policy of providing fair and equitable wages and benefits to all employees,
and
WHEREAS, collective bargaining in other cities has proven to be a
costly and time-consuming procedure that has caused division between
employees and management, and
WHEREAS, collective bargaining in other states has proven to encour
strikes by government employees even though such strikes were prohibited
by law, and
WHEREAS, the Public Employee Department of the AFL-CIO has in the
past supported the right of government employees to strike, and
WHEREAS, an election will be held on January 19, 1980 to determine
whether or not the International Association of Fire Fighters Local 972,
AFL-CIO, should be granted the right to engage in collective bargaining,
and
WHEREAS, in the opinion of the City Council the passage of this
issue would tend to create a special privileged class of city employees
separate and apart from other city employees who are not legally entitled
to bargain collectively, and
WHEREAS, the City Council finds that to grant special privileges to
one class of city employee and not to all city employees would tend to
create unequal and inequitable employment opportunities, create morale
problems for the city and would be contrary to our personnel policies of
fairness and equity:
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock officially opposes the
granting of collective bargaining to the International Association of
Fire Fighters Local 972 because it is not in the best interest of the
citizens of this city or in the best interests of economy in government.
Passed by the City Council this _loth day of January, 1980.
Isl Dirk West
ATTEST: DIRK WEST, MAYOR
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
Isl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
This issue appears as the first issue on the Official Ballot to be
submitted to the voters on January 19, 1980, said issue resulting
from initiative referendum on the part of the Lubbock Professional
Firefighters Association.
City Manager Larry Cunningham's comments to the Council indicated that
this issue is a very serious one and is not a scare tactic as believed
by the firefighters; that no labor leader actually wants to strike; that
no union or union representative actually wants to participate in a
strike, sickout, walkout, etc.; that although strikes are prohibited by
law in Texas, they do occur; that although governmental strikes by
governmental employees have been outlawed in Texas, they do occur; that
Lubbock ranks fourth in the salary of a journeyman firefighter ($15,456),
35
which is higher than the equivalent position in San Antonio, El Paso, Austin, or
Corpus Christi; that the length of experience of an employee in the Fire Department
is fourteen years compared with the eleven years in the Police Department and eight
years for other City employees; that outside negotiators are involved in matters
under dispute, thus removing issues from local management and local control.
City Attorney John Ross related the situation he had experienced in El Paso when the
collective bargaining issue was approved; the effect of an impass reached between the
parties, lengthy negotiations, the need for outside mediators, the minute details
which result in lengthy and tedious negotiations.
Appearances: Dick Brightwell
Jerry Airhart, an Accountant
Vicki Selman, wife of a Firefighter
Linda Kelley, wife of a Firefighter
Merle Rose, a concerned citizen
Mr. John Hye, a Firefighter
Luther Dean, President, Lubbock Professional
Firefighters Association
Roy Sommers
Ken Dunn
Victor Cargile
To an SRO gathering in the Council Chambers, the above individuals spoke in favor of
the collective bargaining issue as requested by the Firefighters Association; they
displayed white cotton gloves as a symbol of the inferior City -issued equipment
provided Firefighters, said item being symbolic of that which would be subject to
negotiation under the collective bargaining provisions. A pair was presented to each
member of the Council and is on file in the office of the City Secretary along with
the petitions and other pertinent data.
Appearance: Gene Alderson, Former Councilman, Place 1, 1962-1966
On behalf of the Former Mayors and Councilmen for Lubbock Committee, Mr. Alderson
indicated that unanimously they were opposed to the collective bargaining issue, and
wanted the record to so reflect.
Councilwoman Carolyn Jordan expressed her viewpoints on the collective
bargaining issue, to which she is opposed, based on experiences resulting from
a strike by the City of Lubbock garbage workers some years ago, thus being a basis
for her vote on this matter.
Mr. Victor Cargile requested a voice vote.
Following all discussion, the motion was made by Councilman Aderton, seconded by
Councilman McAlister to pass Resolution No. 388 expressing the City Council's opposition
to the collective bargaining issue. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay.
80-39-35-38 Hold a public Hearing to consider annexation of Lubbock's Children's Home to the City
.7) of Lubbock.
In accordance with Notice published in the Lubbock Avalanche -Journal December 26,
1979, a public hearing was held on the above referenced matter.
Mr. Jim Bertram, Director of Planning, displayed an elevation reflecting the boundary
lines involved in the proposed annexation, consisting of approximately 372 acres.
This area consists of both the campus for the Lubbock Children's Home as well as
income -producing agricultural lands.
Appearance: Mr. Floyd Stumbaugh, Director, Lubbock Children's Home
Mr. Stumbaugh indicated the Home is requesting the annexation to the City primarily
because they would like to have water and sewer services for the Home and also fire
and police protection; that there are seven wells providing water at the present
time, five in the campus area, and two located nearby in the agricultural section;
that the two located in the agricultural areas are contaminated and are no longer of
any value. Mr. Stumbaugh introduced the Board of Directors of the Home: Mr. John
White, Mr. Jerry Kim, Mr. Edgar Chance, Mr. Mills, and Mr. Lawrence Green. Mr.
Stumbaugh indicated there was a total of 131 residents at the Complex of which 100
are children, the remainder being staff and houseparents. Mr. Stumbaugh indicated
that the Board of Directors had granted their approval to absorb all costs involved
in the annexation procedures. Mr. Victor Cargile, present in the Council Chambers,
asked about the property taxes if the request was granted, to which Mr. Bertram
indicated that the campus area and the buildings located thereon would be tax exempt,
but the agricultural income -producing area would be taxable.
Following all discussion, the hearing was closed.
The motion was made by Councilman Aderton, seconded by Councilman McAlister to approve
the request for annexation, and authorize the staff to proceed with the preparing of
an ordinance granting same, to be considered for first reading at the January 24,
1980 Regular City Council Meeting. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
36
The Council recessed at 11:50 a.m. for lunch to reconvene at 1:15 p.m.
80-39-36-39 Consider Bid #5646 for cast iron pipe (Warehouse stock).
(39)
Low Bidder C & C Municipal Supply,
Lubbock, Texas ($9,310)
80-39-36-40 Consider Bid #5658 for steel pipe and plate (Warehouse stock).
(40)
Items 1-6, Incl. M.B. McKee Company,
Lubbock, Texas
Items 7-10, incl. Pittsburg -Des Moines Steel Company,
Lubbock, Texas
80-39-36-41 Consider Bid No. 5647 for water softner resin (Electric Production).
(41
Low Bidder Olin Water Services,
Kansas City, Kansas ($16,014)
80-39-36-42 Consider Bid #5629 for miscellaneous traffic control items (Traffic
(42) Engineering Department).
Low Bidder Doerr Associations, Inc.,
Arlington, Texas ($33,950)
80-39-36-43 Consider Bid #5630 for traffic signal pole assembly (Traffic Engineering
(43) Department).
Low Bidder Union Metal Mfg. Company,
Dallas, Texas ($6,780)
80-39-36-44 Consider Bid #5621 for two parking control vehicles (Police Department).
(44)
Low Bidder Associated Supply Company,
($8,789)
80-39-36-45 Consider Bid #5624 for fourteen Crime Eye cameras (Police Department)
(45) (Revenue Sharing Funds).
Low Bidder Crime Eye, Inc.,
Phoenix, Arizona ($7,602)
80-39-36-46 Consider Bid #5616 for tennis nets (Parks Department).
(46)
Item 1 Coast Marketing Group,
San Jose, California
Item 2 Sports Center,
Lubbock, Texas
80-39-36-47 Consider Bid #5645 for miscellaneous park maintenance equipment (Parks
(47) Department).
Items 1,2,3,E Goldthwaite's of Texas, Inc.,
Ft. Worth, Texas
Items 4,5,8 Farmers Supply,
Lubbock, Texas
Item 7 Garden Way Mfg. Company, Inc.,
Troy, New York
80-39-36-48 Consider Bid #5663 for sprinkler systems for various parks (Parks
(48) Department) (Revenue Sharing Funds).
Low Bidder Submatic, Inc.,
Lubbock, Texas ($113,319.49)
80-39-36-49 Consider Bid #5639 for catered meals for Senior Citizens (Parks Department)
(49)
Low Bidder ARA Food Service,
Lubbock, Texas ($92,394)
36A
JAIV I o 1990
Resolution No. 403 (1/10/80) was
amended by Resolution No.734-
80-39-36-48 LGB:cl (2/26/81)
(48) RESOLUTION NO. 403
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 between the City of
Lubbock and Submatic, Inc. for the installation of automatic sprinkler systems in
Wagner Park, Carter Park, Wheelock Park, Davis Park, and Maxey Park, 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 loth day of Janua
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Lawrence Banks
Lawrence Banks, Administrative Assistant
Community Facilities
APPROVED AS TO FORM:
/s/ Leon Bean
Leon Bean, Assistant City Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ Dirk West
DIRK WEST, MAYOR
1980.
THIS AGREEMENT, made and entered into the 24th day of January A.D., 1980,
by and between the City of Lubbock, of the County of Lubbock and State of Texas,
acting through its Mayor thereunto duly authorized so to do, Party of the First
Part,_,hereinafter termed OWNER, and
Submatic. Inc.
of the City of Lubbock, County of Lubbock and State of Texas, Party of the Second Part,
hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the party of the First Part (OWNER),
and under conditions expressed in the bond bearing even date herewith, the Party of
the Second Part (CONTRACTOR), hereby -.agrees with the said Party of the First Part
(OWNER) to commence and complete the construction of certain improvements described
as follows:
Automatic:_irrigation systems for Wagner Park, Davis Park, Carter Park, Wheelock Park,
and Maxey Park as per specifications in City of Lubbock.Bid._.No. 5663_for..the.base
proposal sum of $113,319.49.
and all extra work in connection therewith, under the terms as stated5n the General
Conditions of the agreement; and at his (or their) own -..proper cost and expense to
furnish all the materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance and other accessories and services necessary to complete the said
construction in accordance with the conditions and prices stated in the proposal
attached hereto and in accordance with the General Conditions of the Agreement, and
in accordance with the Plans, which includes all maps, plats, blue prints and other
drawings a-m-d'.printed or written explanatory matter thereof, and the Specifications
therefore, as prepared by the CITY ENGINEER, each of which has been identified by the
endorsement of the CONTRACTOR and the ENGINEER thereon, together with the CONTRACTOR's
written proposal, the General Conditions of the Agreement, and the Construction Bond
hereto attached, all of which are made a part hereof and collectively evidence and
sfiztute 'the entire contract.
The CONTRACTOR hereby agrees to commence work within ten days after the date
written notice to do so shall have been given to him, and to substantially complete
same within the time hereinafter specified.
The OWNER agrees to pay the CONTRACTOR in current funds for the performan,-e
of the contract in accordance with the proposal submitted therefore, subject
to additions and deductions, as provided in the specifications, and to
make payments on account thereof as provided therein. I
IN WITNESS WHEREOF, the parties to these present have executed this a2
in quadruplicate in the year and day first above written.
CITY OF LUBBOCK
FORM APPROVED: Party of the First Part (OWNER)
Isl Leon Bean
Leon Bean Asst. City Attorney
ATTEST:
Isl Evelyn Gaffga
City Secretary
(Seal)
ATTEST:
Ls/ Arlie Brown
Secretary
Affix Corporate
Seal, if any
(Seal)
BY /s/ Dirk West
(MAYOR)
Submatic, Inc.
Contractor, Corporation, Partnershil
Party of the Second Part
By Isl Dale Brown
TITLE President
Complete Address:
P.O. Box 246
Lubbock, Tex - 79408
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that Submatic, Inc. (hereinafter
called the Principal(s), as Principal(s), and St. Paul Fire and Marine
Insurance Company (hereinafter called the Surety(s), as Surety(s),
are held and firmly bound unto the City of Lubbock (hereinafter called
the Obligee), in the amount of One Hundred Thirteen Thousand, Three Hundred
nineteen and 49/100 Dollars ($113,319.49) lawful money of the United States
for the payment whereof, the said prificipal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract
with the Obligee, dated the 10th day of January, 1980, to Automatic_
Irrigationsystems for Wagner Park, Davis Park, Carter Park, -,.Wheelock
Park and Maxey Park, Lubbock, Texas and said principal under the law
is required before commencing the work provided for in said contract
to execute a bond in the amount of said contract which contract is hereby
referred to and made a part hereof as fully and to the same extent as
if copied at length herein.
NOW,_THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him
or a sub -contractor in the prosecution of the work provided for in said
contract, then, this obligation shall be void; otherwise to remain in full
force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisio
of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts
of the 56th Legislature, Regular Session, 1959, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article
to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed
(Seal)
F.w
(Title
By:
(Title)
The undersigned surety company represents that it is duly qualified to do
business in Texas, and hereby designates The Shropshire Agency, Inc. an agent
resident in Lubbock County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship.
St. Paul Fire & Marine Insurance Company
Surety
*By:/s/ John V. Shropshire
Attorney -in -Fact (Title)
Approved as to form:
City of Lubbock
By: Isl Leon Bean
Asst City Attorney
*Note: If signed by an officer of the Surety Company there must be on file a
certified extract from the by-laws showing that this person has authority to sign
such obligation. If signed by an Attorney in Fact, we must have copy of power,of
attorney for our.files.
(Certificate of Insurance is attached to original Resolution No. 403)
37
80-39-37-50 Consider Bid #5627 for two air storage systems (Fire Department) (Revenue Sharing
(50) Funds).
Low Bidder Mako Compressors, Inc.,
Ocala, Florida
Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to approve
Bids Nos. 5646, 5658, 5647, 5629, 5630, 5621, 5624, 5616, 5645, 5663, 5639, and 5627
referenced above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
80-39-37-51 Consider Bid #5622 for tire changer and brake riveter (Garage).
(51)
This item will be considered at the January 24, 1980 Regular City Council Meeting.
80-39-37-52 Hold a public hearine, on the 1980-81 Community Development annual application.
8)
In accordance with Notice published in the Lubbock Avalanche -Journal, the final
hearing on the 1980-81 CDBG Annual Application was held.
Pursuant to the consensus of the Council at the December 12, 1979 Work Session, the
following items were deleted from the proposed application.
1. Delete Presbyterian Center--Chatman Hospital
Improvements 45,000
2. Delete and defer the Neighborhood House request
until 1981-82 75,000
3. Add Phase II of Huffman Athletic Complex ($117,000
additional funds) 162,000
4. Emergency Battered Persons Shelter (Subject to
funding requirements being met) 60,000
5. Security Patrol at Green -Fair Manor (Subject
to an audit) 43,500
6. Delete road for Lake #6 92,500
7. Add triple pumper fire truck 90,000
8. Increase indirect costs to allow for rate on
fire truck 50,535
9. Decrease contingencies to adjust to grant award
of $3,311,000 117,163
In the event the proposed application is approved as submitted, the schedule would be
as follows:
February 1--Application submitted to SPAG for A-95 Review
March 14 --Application submitted to HUD Area Office
April --HUD monitoring visit
May --End of 75-day review period by HUD
June 1 --Beginning of 1980-81 Program
Councilwoman Jordan read into the record a portion of a letter received from Mrs.
Sellie Shine, a member of the CDAC:
"At the November meeting, it was recommended at
a vote of 13 to 1 that funding for the access
road on the south side of Canyon Lake No. 6 . . . be
included in the 1980-81 Community Development
Application . . . ...
Mrs. Shine continued in her letter to the effect that probably the reason there was
very little citizen input with respect to this item at the previous public hearing
was for the reason that the citizens expressed their viewpoints at the public hearing
in 1978, and it was their thinking that once they had expressed their views that it
was not necessary to reappear; that the citizens of the community were very much
interested in having this item included in the application.
Appearance: Dr. Heenan Johnson
Dr. Johnson is a resident of the area and indicated that the residents were very much
interested in the development of Lake No. 6. Councilman Aderton indicated that there
had been some derogatory statements made about the Lake area at a previous meeting
which influenced the Council from considering it further, to which Dr. Johnson responded
that those comments did not reflect the sentiment of the residents in the area, and
the renaming of Quirt is not a part of this request.
M
80-39-38-53
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Appearance: Oscar Jones, resident of the Canyon Lake area
(3109 Teak Avenue)
Mr. Jones' comments reflected the recreational potential of the Lake 6
area and was under the impression that this matter would be given No. 1
priority consideration for this application year.
Appearance: Harold Chatman
Mr. Chatman supported the other statements made as far as the desire of
the residents to see the Lake area developed; that the derogatory
statements made previously did not reflect the sentiment of the residents
of this area, and the previous public hearing in 1978 was the true
feeling of the residents.
Appearance: Mary Vines, member of CDAC
Ms. Vines not only expressed support of the Lake 6 development, but also
that the Neighborhood House should be included in the CD Funds; that
although funds for the Huffman Athletic Complex for the Soccer Association
would benefit some, she did not feel that they would benefit the lower
and moderate income families for which these funds were to be extended.
Appearance: Theron Cole, member of CDAC
Mr. Cole supported the Lake 6 development area.
Appearance: Roy A. Medina, Director of the Business Development
Center in Lubbock
Mr. Medina's comments reflected that their Center was primarily supportive
of small minority businessmen who were ineligible for SBA Funds and
needed encouragement and assistance in their early developmental stages.
Appearance: Tom Garza, member of the Board of Directors, Business
Development Center, Lubbock
Mr. Garza indicated that the reason so many of the small minority
businessmen were ineligible for SBA loans was the requirements recently
changed requiring a $150,000 gross business, plus five employees and
this eliminated many of the "mom" and "pop" stores and small family -type
businesses; that these businessmen needed support and encouragement to
develop their economic standing and urged that consideration include the
Business Development Center.
Appearance: Dr. Neale Pearson, President, UNIT Neighborhood
Association
(3009-25th Street)
Dr. Pearson indicated support for the Code Enforcement and the Intensified
Code Enforcement items in the application.
Discussion then ensued as to more information available on the Business
Development Center, it being the first time this item had been called to
the Council's attention; that criteria include some data from the SBA
and local lending institutions as well as consumer input, thus establishin€
a track, record or supportive documentation which would enable considering
this organization for some CD Contingency Funds.
Following all discussion, the hearing was closed.
Councilman McAlister suggested that the Lake 6 item be included in the
annual application at the sum of $92,500 to be funded from the additional
contingency funds recently allocated by HUD; to add the Business Develop-
ment Center to the 6th Year Contingency Recommendations' list as well as
adding the Neighborhood House to this contingency list, subject to input
from the United Way. All concurred.
Resolution No. 376
A resolution authorizing the Mayor to execute the Community Development
Annual Application for 1980-81.
RESOLUTION NO. 376
A RESOLUTION AUTHORIZING THE EXECUTION AND SUBMITTAL OF A COMMUNITY
DEVELOPMENT ANNUAL APPLICATION FOR 1980-81; CERTIFICATIONS AND ASSURANCES
CONTAINED IN SUCH APPLICATION AND REGULATIONS; THE DESIGNATION OF THE
CITY MANAGER AS THE AUTHORIZED REPRESENTATIVE OF THE CITY OF LUBBOCK TO
ACT IN CONNECTION WITH THE APPLICATION.
WHEREAS, Title I of the Community Development Act of 1977, Public
Law 93-383, provides for a program of Community Development Block Grants;
and
39
WHEREAS, the City Council, after receiving the recommendations of the Community
Development Advisory Committee and after public hearings as required by law, has
determined that an application for Community Development Block Grants would be in the
best interest of the citizens of the City of Lubbock; 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 to execute and
submit for and on behalf of the City of Lubbock a Community Development Block Grant
Annual Application for 1980-81 as administered by the Department of Housing and Urban
Development:
THAT the City of Lubbock hereby certifies and assures its compliance with all
regulations, policies, guidelines and requirements as they relate to the application,
acceptance and use of Federal Funds for this Federally assisted program and with all
other assurances and understandings required in the application, including those
specified in 24 CFR § 570.307 (1979); and
THAT the City Manager of the City of Lubbock is hereby designated as the authorized
representative of the City of Lubbock to act in connection with this application and
to provide such additional information as may be required.
Passed by the City Council this 10th
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED:
day of January -, 1980.
Isl Dirk West
DIRK WEST, MAYOR
Isl Vicki Foster
Vicki Foster, Community Development Coordinator
APPROVED AS TO FORM:
Isl W. M. McKamie
W. M. McKamie, Assistant City Attorney
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to approve
the annual application as presented with the addition of the access road to the
Canyon Lake 6 area, to be funded from the additional contingency funds recently
allocated by HUD; to place the Business Development Center on the 6th Year Contingency
list with no dollar designation; to place the Neighborhood House on the 6th Year
Contingency list with no dollar designation. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
80-39-39-54 Consider one appointment to the PLUMBING BOARD. The term of Sonny Arnold expires
(52) January jjL980.
(Sec. 2-6-2(5) states: "Three members who shall have knowledge of building
construction and/or plumbing materials through experience as a contractor,'engineer,
architect, supplier of building and/or plumbing materials, or other experience in a
related field (Term: 5 years)
Sonny Arnold
2350 - 34th (Bus) 79410
792-5171 (Bus)
reappointed for a 5-year term, expiring 1-1-85
The motion was made by Councilman McAlister, seconded by Councilwoman Jordan to
reappoint Sonny Arnold to the Plumbing Board for a 5-year term, said term expiring 1-
1-85. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
80-39-39-55 Consider three appointments to the HOUSING AUTHORITY BOARD. The terms of Vernon
(53) Behner, Dr. Moses T. Turner (who has moved out of the City), and David Garza expired
12/27/79. (Term: 2 years).
Al Caviel
1719 Avenue A
765-7560 (Bus)
Vernon Behner, CPA
2163 - 50th (Bus)
747-4404 (Bus)
reappointed for a 2-year term, expiring 12-27-81
LAU$
Albert Perez, Attorney
1112 Texas (Bus) 2105 - 65th Place
747-4583 745-6712
appointed for a 2-year term, expiring 12/27/81
The motion was made by Mayor Pro Tem Henry, seconded by Councilman
McAlister to approve the above referenced appointments to the Housing
Authority Board. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
80-39-40-56 Consider one appointment to the CEMETERY BOARD. The term of Arlen P.
(54) Trice expired 1/8/80. (Term: 5 years)
Herbert F. Yant
Lubbock Auto Glass 4004 - 31st (Res)
1710 Avenue J 799-0638
763-3438
appointed for a 5-year term, expiring 1/8/85
The motion was made by Councilman Aderton, seconded by Councilman
McAlister to appoint Herbert F. Yant to the Cemetery Board for a 5-year
term, said term expiring 1/8/85. Motion carried: Mayor West, Mayor Pro
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
80-39-40-57 Consider three appointments to the BOARD OF ELECTRICAL EXAMINERS. The
(55) terms of Joe F. Tarver (Master Electrician), Aubrey Whitehead (Journeyman
electrician) and Ms. Troy Wray (Public sector) expired 1-1-80. Mr.
Whitehead has moved out of the city, as well. (Term: 3 -years)
Art. II, Sec. 11A-21 of the Electrical Code outlines the designated
positions for the Board.
Ms. Troy Wray (public sector)
1622 - 69th
745-4037
Mr. Joe F. Tarver (Master Elec.)
1812 - 4th (Bus)
762-8715
reappointed for a 3-year term, expiring l/l/83
The third appointment for Journeyman Electrician will be made 1/24/80.
The motion was made by Councilwoman Jordan, seconded by Councilman
Aderton to approve the above referenced appointments to the Board of
Electrical Examiners. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
There being no further business at 3:10 p.m., the motion was made by
Mayor Pro Tem Henry, seconded by Councilman McAlister to adjourn.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
ATTEST:
Evelyn Ga fga, Cit S ary-Treasurer
READ AND APPROVED THIS THE 24th DAY OF January 1980.
NW -ES
OYR
II
ATTEST:
� -Zzz� 14Z'e�
Evelyn Ga fga, City e ry-Treasurer