HomeMy WebLinkAboutMinutes - City Council - Regular - 2/14/198094
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
February 14, 1980
9:30 A.M.
The City Council of the City of Lubbock, Texas, met for its
regular meeting on Thursday, February 14, 1980, at 9:30 a.m. in the
City 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, First Assistant City Attorney Donald G. Vandiver,
and City Secretary -Treasurer Evelyn Gaffga.
Absent: John C. Ross, Jr., City Attorney
80-39-94-128 The invocation was given by Denzel Percifull, Director of Public
( 1) Services.
80-39-94-129 Approval of Minutes - Regular Meeting, January 24, 1980.
3)
The motion was made by Councilwoman Jordan, seconded by Councilman
McAlister to approve the minutes, as corrected. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
Citizen Appearances
Proclamations
80-39-94-130 "Scout Week" - February 3-9, 1980
5)
In recognition of "Scout Week", representatives of
a Cub Scout Troop in the City of Lubbock presented
the Colors. The Pledge of Allegiance was given by
those present in the Council Chambers.
Following this presentation, the proclamation was made by Mayor
Pro Tem Alan Henry recognizing the work of the Boy Scouts of
America.
Receiving: Bobby Moody
The following proclamations were presented by the various members of
the Council:
80-3994-131 "Vocational Week" - February 10-16, 1980
6)
Receiving: Tony Williams, Coronado
Melissa Robbins, Dunbar-Struggs
Preston Davis, Estacado
Amelia Soto, Lubbock High
Wenda Webster, Monterey
80-39-94-132 "United States Jayceette Week" - February 10-16, 1980
7)
Receiving: Judy Campbell
Cindy Jones
Nancy Morgan
80-39-94-133 "League of Women Voters Week - February 11-17, 1980
8)
Receiving: Darlene Buckberry, President
Pat Nickels, Program Vice President
80-39-94-134 "LULAC Week" - February 11-17, 1980
9)
Receiving: Desi Pesina, Director
Carmen Salazar, President of Ladies Auxillia
Abel Cavarrubias, Vice President of LULAC
80-39-94-135 "National Big Brother/Big Sister Week" - February 17-23, 1980
(10)
Receiving: Danny McWhorter, Director
and others
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Fill
80-39-95-136 "Texas Tech Law School Moot Court Team Week" - February 17-23, 1980
(11)
Receiving: David Weinstein
-Ye—anette Robison
Fred Raschke
Don Hunt
80-39-95-137 "National Engineers Week" - February 17-23, 1980
(12)
Receiving: James King
C. W. Noll
Wm. Pope
Ernie Kiesling
and others
80-39-95-138 Airman of the Year - 1979
(13)
AIC Frederick M. Dedolph
80-39-95-139 NCO of the Year - 1979
(14)
TSgt. Wayne A. Powell
80-39-95-140 Senior NCO of the Year - 1979
(15)
SMSgt. William C. Mortensen
At 10:02 a.m. Mayor West announced that an Executive Session would be held for the
purpose of considering land acquisition and personnel matters. This announcement was
made in accordance with Section 2-F, Art. 6252-17, V.A.T.S.
80-39-95-141 Ron Modawell to appear to request barriers to be installed at 82nd Street and
(16) Brentwood Avenue.
Mr. Modawell appeared before the Council to request the assistance in resolving a
traffic problem, his request being that permanent barriers be erected on the City
park right-of-way at 82nd Street and Chicago as a traffic safety measure. Mr. Modawell
resides at 8016 Brentwood Avenue which is located at a "T" intersection of 82nd and
Chicago. This request results from an incident occurring at 2:30 a.m, on the morning
of December 8, 1979, whereby a vehicle ran the stop sign, jumped the curb, crashed
through the fence that was erected on Mr. Modawell's property, and crashed into the
home narrowly missing he and his wife who were asleep in the bedroom. Mr. Modawell
presented his request to the Citizens Traffic Commission who denied his request
indicating that the City has no responsibility or duty to provide curbs for protective
measures such as reflected in his request; that "T" intersections are not generally
thought of as being a negligent location from a traffic point of view, noting that
there is in place a stop sign; that as long as adequate warning signs are given when
they are approaching a major thoroughfare, barricades are not necessary. It was
noted that the Traffic Engineering Department has offered to place reflective bars in
the right-of-way on the north side of 82nd; however, this was unacceptable to Mr.
Modawell.
The discussion that followed did reflect that the stop sign was in place at the time
of the incident; that the driver of the vehicle, of course, left the scene, and Mr.
Modawell has been unable to locate the violator; that Mr. Modawell has, on his own,
erected telephone -like poles on the right-of-way on the outside of the fence as a
temporary protective measure; that Mr. Modawell did indicate that should something be
worked out, that he was willing to share the costs of whatever the solution would be
attained; that establishing a precedent for this type of intersection and this type
of construction gave concern to members of the Council.
Following the discussion, the motion was made by Councilman Aderton, seconded by
Councilwoman Jordan to DELAY action on this matter until the next Regular City Council
Meeting on February 28, 1980, during which time the Council will receive some specific
recommendations as to proposed barrier -type construction, costs, etc. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
96
80-39-96-142 A representative of the Lubbock Cultural Affairs Council to appear to
(17) 7present the following items:
a. Resolution No. 404
A resolution authorizing the Mayor to execute a contract with
the Lubbock Cultural Affairs Council for 1980;
b. Consider recommendation for awarding of art grants for the se
half of 1979;
c. Consider request for a $5,000 grant for an architectural study.
Appearances: R. Byrn Bass, Jr.
Bill Holder
With respect to Resolution No. 404 - contract with the Lubbock Cultural
Affairs Council for 1980 - the contract is very similar to the contract
executed in March, 1979, with the exception of an increase in the
amount in the total sum of $52,042.49 to be funded from 1/2� of the
4¢ Hotel/Motel Tax that is collected annually; the payments to the
Cultural Affairs Council are to be made in three installments; the
contract is for one year, to be renewed in 1981. In response to
Council query as to a long term contract with options for renewal, Mr.
Bass responded that this was a matter that could be considered, the
Cultural Affairs Council thinking it more appropriate at this time to
renew annually.
With respect to Item b, Mr. Bill Holder appeared before the Council,
and pursuant to the existing contract, presented a check to the Council
for $431.84, which represented accrued interest on the total sum
approved by the Council for the Cultural Affairs initial year.
With respect to Item c, the Cultural Affairs Council request $5,000 as
a special fund, said fund to likewise be a portion of the Hotel/Motel
Tax, for the purpose of conducting a feasibility study as to the
architectural and practicality of renovating the old Sears building
presently owned by American State Bank. Mr. Bass indicated that the
premises had been offered to the Cultural Affairs Council to develop a
Cultural Affairs Center, the Center being used for central ticket
selling, the central mailout facilities, it would provide extensive
storage for equipment and supplies, and it would provide for a location
for traveling art shows. The study would determine the renovation
cost as well as proposed operation cost for such Center, if approved.
Mr. Holder did report on the following grants that had been approved
by the Cultural Affairs Council, these grants being approved for one
time only:
Lubbock Civic Chorale $2,000.00 for operation
Lubbock Theatre Centre $9,800.00
West Texas Watercolor Society $3,835.00
KTXT-FM $ 500.00
MacKenzie Terrace Pottery Center $1,150.00
Lubbock Civic Ballet $5,685.00
for project plannir
and initiation of
for a regional wat
show
for records to expjd
the classical library
for pottery works
to hire a full t
It was also commented on that the Food and Fiber Institute has need to
expand and had made inquiries as to whether or not their needs would
be compatible with other applicants for a grant, and requested that
they be considered in the future.
The motion was made by Mayor Pro Tem. Henry, seconded by Councilman
McAlister to approve Resolution No. 404, entering into a contract with
the Lubbock Cultural Affairs Council for 1980 under the terms and
conditions stated above; to graciously accept the check in the sum of
$431.84, accrued interest on the monies advanced for 1979; to approve
the grants submitted above, and to authorize a $5,000 grant to the
Cultural Affairs Council for an architectural study of the premises
referred to as the old Sears building. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
atre
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LGB/pg
RESOLUTION NO 404
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 Cultural Affairs Agreement
between the City of Lubbock and the Lubbock Cultural Affairs Council, 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 part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 14th day of February, 1980.
Isl Dirk West
DIRK WEST
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Jim Weston
Jim Weston, Community Facilities
Isl Leon Bean
Leon G. Bean, Assistant City Attorney
STATE OF TEXAS
AGREEMENT
COUNTY OF LUBBOCK
This agreement between the City of Lubbock, a municipal corporation ("City"), and
the Lubbock Cultural Affairs Council, a Texas non-profit corporation ("Council"),
for the purposes and considerations hereinafter expressed:
WITNESSETH:
WHEREAS, Article 1269j-4.1, Vernon's Texas Civil Statutes, authorizes the City
to levy by ordinance a hotel occupancy tax which may not exceed 4% of the consideration
paid by a hotel occupant; and
WHEREAS, Article 1269j-4.1, Vernon's Texas Civil Statutes, authorizes the City
to provide for the use of one -eighth of the revenue derived from its hotel occupancy
tax for the encouragement, promotion, and improvement of all forms of arts; and
WHEREAS, there is now on deposit in the City's General Fund $52,042.39 (the
"Funds") representing that portion of the hotel occupancy tax to be disbursed for
the encouragement of the arts as heretofore stated and collected by the City on or
before September 30, 1979, for the fiscal year ending that date;
WHEREAS, the Council, comprised of a cross-section of those interested in and
participants of the Lubbock arts community, has proposed certain Guidelines (hereinafter
"Guidelines" that are attached hereto as Exhibit A made a part hereof and incorporated
by reference herein for all purposes) provided for the formation of a Review Committee
to recommend to the City how the Funds should be distributed:
NOW COME, THEREFORE, the City and Council agree as follows:
1. The City does hereby adopt, ratify and affirm the Guidelines attached
hereto and the procedures set forth therein.
2. The City agrees to pay to the Council the $52,042.39 herein referred to in
three equal installments of $17,347.46, the first installment to be paid upon the
signing of this agreement, the second on or before August 15, 1980, and the third
on or before November 15, 1980.
3. From the first installment paid by the City, $2,602.12 may be deposited by
the Council in its operating account and used to cover the estimated administrative
costs of the disbursement of the Funds. The balance of that installment and all other
installments shall be deposited pending disbursal to application grantees in an
interest bearing account at a depository of the Council's choosing. The prinicipal
amounts of the installments only shall be expended as approved, with the interest
being rebated to the City at the end of the term of this agreement (or sooner at
the convenience of the parties).
4. The Funds shall be disbursed to application grantees in accordance and only
in accordance with the Guidelines attached hereto.
M
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FEB ' �1 1980
5. If the Review Committee as created in the Guidelines approves
applications for grants in excess of the amounts disbursed by the City,
but less than the total amount of $52,042.39, the City, in its discreti
may advance the additional amount requested prior to the scheduled in-
stallment payment date as herein before set forth.
6. The Council shall keep careful books and records as to the
administrative costs of the disbursement of the Funds and as to the
disbursement of the Funds themselves, how they are spent by the applicatiDn
grantees, shall allow access to the books and records to City representatives
at any time, and shall make at least quarterly reports to.the City.
7. The Council shall allow the City's duly employed certified
public accountants to audit the use of the Funds and shall be responsibl
for the cost of,the audit (which may be paid from Ahe Funds).
8. The Council does hereby indemnify the City from any liability
rising out of the disbursement and use of the Funds including but not
limited to any cause of accident or claim arising at events made possible
or partially possible by the Funds, and agrees to hold the City harmless
therefrom.
9. This agreement expires December 31, 1980.
Executed this 14th.day of February, 1980.
Attest:
Isl Evelyn Gaffga
Evelyn Gaffga
The City of Lubbock
By:/s/ Dirk West
Dirk West, Mayor
Lubbock Cultural Affairs Council
By: Isl
Mrs. Jack Strong, President
Approved as to form:
/s/ Leon Bean
City Attorney's Office
Approved as to content:
Isl Jim Weston
Director of Community Facilities
*Guidelines and application procedures are attached with Original
Resolution No. 404, entitled "Contract with Lubbock Cultural Affairs
Council for one year".
80-39-98-143 Ordinance No. 8003
(18)
Jim Brown, Manager of Cox Communications, Inc., to appear to request an
_ordinance approving merger with General Electric.
At the January 24, 1980, Regular City Council Meeting, the Council
delayed action on this request pending submission on various information
by Mr. Brown.
In response to the query regarding franchise tax being paid on HBO
services, Mr. Brown in his letter indicated that apparently the gross
receipts on which the tax was calculated did not include HBO proceeds;
that the Company did not feel that past receipts, HBO services, should
be calculated into the amount the City declared due and owing.
With respect to evening and weekend service calls, the letter from the
Corporation indicated that an additional rotary line had been installed,
and an additional technician was on duty on Saturdays, with an additiona
five hours on Sunday being implemented to accommodate service calls.
With respect to Spanish programming, the correspondence reflected that a
Spanish language channel would be picked up soon after the Company moves
into its new offices and rebuilds and expands to accommodate additional
channels.
Mr. Brown appeared before the Council again in the event of additional
queries, and his Chief Engineer appeared with him. Mayor Pro Tem Henry
expressed appreciation for the response from the Corporation and their
M
willingness to remedy the deficiencies stated previously. Mr. Henry queried whether
or not the Company was willing to pay the back taxes as calculated by the City, said
payment to include interest, to which Mr. Brown concurred. Mr. Henry queried as to
what policy the Company would have with respect to civil defense emergency measures,
as stipulated in the franchise, to which the Chief Engineer responded that there were
no emergency measures at the present time, the previous system being in the process
of deactivation; that such remedy would be resolved with the installation of a new
system upon expansion and moving to new facilities. Mr. Henry queried as to what
prompted the deactivation, to which the Chief Engineer responded that increased
telephone costs prompted such action. In response to queries to the policy of the
Company as for refunding deposits, Mr. Brown responded that refunds would be handled
by the local manager, writing the checks direct from his office. In response to the
query to the service being provided to neighborhood associations, i.e. Brentwood Club
Owners Association, which filed with the Council through the City Attorney a petition
requesting HBO services, the response was that they would give prompt consideration
to these requests and would be in the position to do so as soon as their current
expansion is completed; this would also include existing apartments and complexes as
well as the individual requests. With respect to the query of General Electric being
a prime franchisee in the event that the merger was approved, the Council requested a
written concurrence from the G.E. Corporation with respect to these terms and conditi,
to which Mr. Brown has agreed; Mr. Brown indicated that there would be no problem
with this. In response to channel interference which has also been a problem, the
response indicated that this resulted from a co -channeling situation, and can be
corrected by servicing adequately.
Both Mayor Pro Tem Henry and Mayor West indicated that the Cox Communications, Inc.
had made every effort to rectify the existing problems and expressed their appreciation
for their corporation.
Motion was made by Mayor Pro Tem Henry to pass said ordinance on first reading granting
the request to merge with General Electric Company, on the condition that prior to
second reading that they would receive an acceptance letter from General Electric as
to the obligations made by Mr. Brown as presented to the City Council, and expressing
how they intend to operate in the future; additionally, prior to second reading, that
full payment be made of back taxes on HBO services, including interest; and, finally,
prior to second reading there will be some definite plan with respect to emergency
service under the Civil Defense Program. Mayor Pro Tem Henry also stipulated that
since it would not be possible to review the performance on these matters, that
perhaps it would be advantageous to have an annual review. The motion was seconded
by Councilman Aderton. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, and Councilman Aderton voting Yea; none voting Nay; Councilman McAlister
abstaining.
DGV: cl
ORDINANCE NO. 8003
AN ORDINANCE CONSENTING TO THE MERGER OF COX CABLE COMMUNICATIONS, INC., dba
LUBBOCK CABLE TV, AND GENERAL ELECTRIC COMPANY; CONSENTING TO ASSIGNMENT OF THE
FRANCHISE GRANTED IN ORDINANCE NO. 4627, AS GRANTED TO COX CABLE COM-
MUNICATIONS, INC., IN ORDINANCE NO. 5917, TO GENERAL ELECTRIC COMPANY PROVIDING FOR
ACCEPTANCE BY THE NEW FRANCHISE HOLDER; AND PROVIDING FOR PUBLICATION.
80-39-019-144 Ordinance No. 7999
(19)
Chairman of Building Code Study Committee to appear to request an ordinance amending
Chapter 5 of the Code of Ordinances by providing for the adoption of the 19-79 Edition
of the Uniform Building Code amending Section 5-2 and providing foramendmentsto
1979 Edition.
Mr. Bertell Jackson, member of the Building Code Study Committee, appeared to request
that the 1979 Edition of the Uniform Building Code be adopted, and amend the existing
Chapter 5 of the Code of Ordinances. Mr. Jackson indicated that the Committee had
carefully studied the entire Uniform Building Code and concurred on all provisions
with the following exceptions:
1. Change in general contract bond forms: The new bond form will
require that each general contractor execute a new bond form
sometime within one calendar year from the date of adoption
of this Code.
2. Bedroom windows in residences: In one or two-story single-family
residences only, egress or rescue windows from sleeping rooms
shall meet the following requirements:
A. Windows sliding in the frame (either vertical or
horizontal):
(1) Net clear opening of 3.8 square feet.
(2) Minimum clear opening of a narrow
dimension shall not be less than 20".
(3) Finished sill height shall not be more
than 44" above the finished floor.
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FEB I �'- 1980
B. Windows pivoting in the frame.
(1) Net clear opening of 4.8 square feet.
(2) Minimum clear opening of a narrow dimension
shall not be less than 16".
(3) Finished sill height shall not be more than
44" above the finished floor.
In duplexes or other dwelling units egress
or rescue windows from sleeping rooms
shall meet the following requirements:
(a) Net clear opening of 5.7 square feet.
(b) Minimum net clear opening height of
24" and minimum net clear opening
width of 20".
(c) Finished sill height shall not be more
than 44" above the floor.
3. Smoke detectors: Smoke detectors shall receive their primary
power from the electric supply without a disconnecting switch.
4. Utilities: The Building Official may upon 10 days written noti
order termination of utilities to wholly occupied or partially
occupied buildings which have not complied with this section.
a
5. Separation between garage and residences: Separation requireme"Its
- _7
remain the same as in the 1976 Code, with the additional requirRme
Fire dampers will not be required in ducts piercing
the separation (between garage and residences) for
ducts constructed of not less than No. 26 gauge
galvanized steel.
6. Separation between townhouses: In row dwellings or townhouses " he
no sideyard is required, fire red walls will separate the dwell1n,
units which are on the property line.
7. Separation requirements for apartments: Where partitions are
required to be constructed to maintain the integrity of the
construction type, and with the exception of the requirements
for partitions described in Chapters 5 and 33, openings in such
partitions are not required to be protected.
8. Basement exits: The Uniform Building Code requires two exits f1r
all basements except for basements in single-family residences
which only require one exit.
Mr. Jackson indicated that two areas where the local Committee differed
from the Uniform Building Code was in the matter of the bedroom windows
in single-family residences and the basement exits in single-family
residences, the requirement being that under 1000 square feet would
require one exit, over 1000 square feet would require two exits. Mr.
Jackson indicated the Committee had worked very diligently and excellen
and he was pleased to have been a part of this.
The Study Committee was commended by the Council for their excellent
work, and motion was made by Councilman McAlister, seconded by Mayor Pro
Tem Henry to approve Ordinance No. 7999, adopting the 1979 Edition of the
Uniform Building Code as recommended by the Committee; that before the
second reading of the Ordinance, more information is to be submitted
regarding the basement exits. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
ORDINANCE NO. 7999
AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF
TEXAS, (BEING THE BUILDING CODE) BY PROVIDING FOR THE ADOPTION OF THE
1979 EDITION OF THE UNIFORM BUILDING CODE; AMENDING SECTION 5-2 THEREOF
PROVIDING FOR AMENDMENTS TO SUCH 1979 EDITION; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
80-39-100-145 Ordinance No. 7992
(20) An appropriation ordinance from Street Improvement Bond Funds for
engineering services in conducting a feasibility study on East 34th
Street grade separation.
X 9 _0 �" N
AN APPROPRIATION ORDINANCE
0
ts:
CK,
WHEREAS, the City Council of the City of Lubbock finds it is
necessary to appropriate certain specific funds for an approved
101
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:
Street Improvement Bond Fund
The sum $10,000.00
For the following purpose:Engineering services for conducting a feasiblity for the
extension of Quirt Avenue
AND IT IS SO ORDERED
Passed by the Council on first reading this 24th day of January
Passed by the Council on second reading this 14th day of February 1980.
1980.
ATTEST:
/s/ Evelyn Gaffga
CITY SECRETARY -TREASURER
APPROVED AS TO FORM:
Isl W. M. McKamie
Assist_anftty Attorney
80-39-101-146 Ordinance No. 7993
(21)
S/ Dirk West
MAYOR
VERIFIED BY: Isl Jim C._Blagg
FINANCE OFFICER
APPROVED BY:/s/ B. McDaniel Traffic E16
_HEAD OF DEPT. DEPT. I.
An appropriation ordinance from Street Improvement Bond Fund for a portion of the
cost of the improvements for P.a,ving Slide Road from 82nd Street to 98th Street.
ORDINANCE NO. 7993
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:
Street Improvement
The sum $97,100.00
For the following purpose:
Slide Road Paving Improvements (S...H.D. F.M. Road) from 82nd
St. to 98th Street for City's Cost and Engineering.
($10,000-00 was appropriated earlier by Ordinance No. 7957).
AND IT IS SO ORDERED
Passed by the Council on first reading this 24th day of January 1980.
Passed by the Council on second reading this 14th day of February 1980.
ATTEST:
Isl Evelyn Gaffga
CITY SECRETARY -TREASURER
-Ls-Z Dirk West
MAYOR _
VERIFIED BY: _Z_s_Z Jim C. Blagg
FINANCE OFFICER
APPROVED BY: -Ls/ Don Jennings
HEAD OF DEPT. DEPT.
102
80-39-102-147 ordinance No. 7996
(22) An appropriation ordinance from Sanitary Sewer Capital Project Fund
for renovation of Southeast —Reclamation Plant. —
ORDINANCE NO. 7996
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: Sanitary Sewer Capital Project Fund
G.W.O. 10989
The sum $30,000.00
For the following purpose:
Renovation of 3 final clarifiers,
Plant No. 1, S.E. Water Reclamation Plant $2727272
Plant, Materials & Labor $ 2,727..28
Engineering & Contingencies ,
TOTAL = $30,000-00
AND IT IS SO ORDERED
Passed by the Council on first reading this 24th day of January
1980.
Passed by the Council on second reading this 14th day of Februa
1980.
ATTEST:
/s/ Evelyn Gaffga ,
CITY SECRETARY -TREASURER
Isl Dirk West
U
a
VERIFIED BY: /s/ Jim C11 Blagg
FINANCE OF ' 'ICER
APPROVED BY:/s/Wilford D. Watson
PT .
HEAD OF DEPT. DEPT.
80-39-102-148 ordinance No. 7997
(23) An appropriation ordinance from Water Capital 1Project Fund for Change
Order No. 1 to drill and develop wells in Sandhills Well Field.
ORDINANCE NO. 7997
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:
103
F�l
There is hereby appropriated out of the following described
fund, to -wit: Water Capital Project Fund
The sum $24, 383.75
For the following purpose:
Change Order #1 to W.W.O. 11535 = $11,658.75
Additional Bailing on Wells-W.W.O.
11535 = 12,725.00
$24,383.75
AND IT IS SO ORDERED
Passed by the Council on first reading this 24th day of January 1980.
Passed by the Council on second reading this 14th day of February 1980.
Fffivimc
s/ Evelyn Gaffga
CITY SECRETARY -TREASURER
80-39-103-149 Ordinance No. 7983 - Zone Case No. 2261
(24) —
/s/ Dirk West
MAYOR
VERIFIED BY: /s/ Jim C. Blagg
FINANCE OFFICER
APPROVED BY:/s/ Wilford D. Watson,WatE
HEAD OF DEPT. DEPT. Ut
An ordinance to change a tract of land out of Section 28, Block E-2, City of
Lubbock, Lubbock County, Texas from R-1 and R-2 to R-2 and A-1 Zonin Districts
(located North of 66th Street from 100' East of Chicago Avenue to 125' West of Dover
Avenue). — — —
LGB:bs ORDINANCE NO. 7983
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE
CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2261; CHANGE A
TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
FROM R-1 TO A-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-
2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; CHANGE A
TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
FROM R-2 TO A-1 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION
1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(no._site plan submitted for filing in the City Secretary's Office)
80-39-103-150 Ordinance No. 7984 - Zone Case No. 2262
(25)
An ordinance to change Tract A, Whisperwood Addition, City of Lubbock, Lubbock
County, Texas, from C-2A to C-2A(DH) Zoning District (located at 5202 - 4th St.).
LGB:cl
ORDINANCE NO. 7984
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE
CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2262; CHANGE
TRACT A,WHISPERWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2A TO
C-2A(DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN
ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED FOR IN
SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(no site plan submitted for filing in the City Secretary's Office)
80-39-103-151 Ordinance No. 7985 - Zone Case No. 2265
(26)
An ordinance to change Lots 1 and 2, less the West 5' of Lot 1, Block 1, Frances
Place Addition, City of Lubbock, Lubbock County, Texas from R-1 to AM Zonin District
(located at 3501 - 19th St.).
=i
LGB:bs
ORDINANCE NO. 7985
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE
CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2265; CHANGE
LOTS 1 AND 2, LESS THE WEST 5 FEET OF LOT 1, BLOCK 1, FRANCES PLACE ADDITION, CITY
n'r T TTDU(1I TT T TMn!1-7 —T-Y— ---< n rir 1 - I m_ .11 »..l. ___
104
r
�.. m j to
80-39-104-152
(27)
80-39-104-153
(28)
80-39-104-154
(29)
80-39-104-155
(30)
Ordinance No. 7986 - Zone Case No. 2266
An ordinance to change Lot 1316, Caprock Addition, City of Lubbock,
Lubbock County, Texas, from R-1 to R-2 Zoning District (located at
2501 - 70th St.).
LGB:bs
ORDINANCE NO. 7986
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES:
ZONE CASE NO. 2266; CHANGE LOT 1316, CAPROCK ADDITION, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT;
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY
CODE; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(no site plan submitted for filing in the City Secretary's Office)
Ordinance No. 7987 - Zone Case No. 2267
An ordinance to change a tract of land out of Section 2, Block S,
City of Lubbock, Lubbock County, Texas, from C-4 to M-1 Zoning
District (located at 2804 E. 50th St.).
LGB:bs
ORDINANCE NO. 7987
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES:
ZONE CASE NO. 2267; CHANGE A TRACT OF LAND OUT OF SECTION 2, BLOCK
S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO M-1 ZONING
DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF
THE CITY CODE; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
(no site plan submitted for filing in the City Secretary's Office)
Ordinance No. 7988 - Zone Case 2268
An ordinance to change Lots 7-12, Block 19, Robison Subdivision of
Overton Addition and Lots 5-8, Block 19, Lykes Subdivision of Overton
Addition, City of Lubbock, Lubbock County, Texas, from R-2 to A-2
Zoning District (located at 1921 - 18th St.).
LGB:bs
ORDINANCE NO. 7988
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES:
ZONE CASE NO. 2268; CHANGE LOTS 7 THROUGH 12, BLOCK 19, ROBINSON
SUBDIVISION OF OVERTON ADDITION, AND LOTS 5 THROUGH 8, BLOCK 19,
LYKES SUBDIVISION OF OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM R-2 TO A-2 ZONING DISTRICT; PROVIDING FOR A
PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE; PROVIDING FOR A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(no site plan submitted for filing in the City Secretary's Office)
Ordinance No. 7989 - Zone Case No. 2269
An ordinance to change a tract of land out of Section 14, Block E-2,
City of Lubbock, Lubbock County, Texas, from R-1 to R-2, C-2, A-1,
A-2, AM and AM Specific Use Zoning Districts (located South of 82nd
St, and West of Memphis Avenue), SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the C-2 request on Tract J be denied;
2. That there be R-2 zoning on the east end of
the A-1 tract on the south side;
3. That the AM zoning on the northeast corner be
limited to single story;
4. That the AM zoning on the west side of the tract
be limited to medical offices;
5. That the A-2 zoning be limited to church use.
ORDINANCE NO. 7989
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES:
ZONE CASE NO. 2269; CHANGE 6 TRACTS OF LAND OUT OF SECTION 14, BLOCK
E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING
DISTRICT; SUBJECT TO A CONDITION;CHANGE TWO TRACTS OF LAND OUT OF
SECTION 14, BLOCK E-2 CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM
R-1 TO A-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 14
BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO AM
ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT
ON ONE TRACT THEREOF AND SUBJECTING THE OTHER TRACT TO A CONDITION;
CHANGE A TRACT OF LAND OUT OF SECTION 14, BLOCK E-2, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO A
CONDITION; CHANGE A TRACT OF LAND OUT OF SECTION 14, BLOCK E-2, CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO C-2 ZONING DISTRICT;
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY
CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(no site plan submitted for filing in the City Secretary's Office)
FEB1
105
80-39-105-156
(31)
80-39-105-157
(32)
80-39-105-158
(33)
80-39-105-159
(34)
80-39-105-160
(37)
5
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass
Ordinance Nos. 7992, 7993, 7996, 7997, 7983, 7984, 7985, 7986, 7987, 7988 and 7989 on
second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilw,
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
Ordinance No. 7990 - Zone Case No. 965-A
Appeal to change Lot 1-A, Ross Putty Addition, City of Lubbock, Lubbock County,
Texas, from R-3 to C-2 Specific Use Zoning District (located at 108 - 38th St.).
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass
Ordinance No. 7990 on second and final reading, Councilwoman Jordan indicating she
would vote negative on this ordinance. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilmen Aderton and McAlister voting Yea; Councilwoman Jordan voting Nay.
LGB:bs
ORDINANCE NO. 7990
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY
OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 965-A; CHANGE LOT 1-A,
ROSS PUTTY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 TO C-4 ZONING
DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE;
PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(no site plan submitted for filing in the City Secretary's Office)
Ordinance No. 7991
An ordinance annexing property to the City of Lubbock generally described as being
600' north and parallel to the U.S. Highway 62-82 between Ursuline Street and Erskine
Street, east to Wood Avenue.
ORDINANCE NO. 7991
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH AREA IS
DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF
LUBBOCK, TEXAS; PROVIDING FOR CORRECTION OF CITY MAP TO INCLUDE THIS ADDITIONAL
TERRITORY; PROVIDING A SAVINGS CLAUSE.
Ordinance No. 7995
An ordinance amending Chapter 4 of the Code of Ordinances related to animals and
fowl. T
DGV:bs
Ordinance No. 7995
AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS, BY CHANGING THE LANGUAGE OF CERTAIN PROVISIONS THEREOF REGARDING ANIMALS AND
FOWL; PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION.
Ordinance No. 7998
An ordinance establishing the date of the Regular City Election for 1980 (April 5,
1980).
JCR: bs
ORDINANCE NO. 7998
AN ORDINANCE ESTABLISHING THE DATE OF THE REGULAR MUNICIPAL ELECTION OF THE CITY
OF LUBBOCK FOR THE YEAR OF 1980.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass
Ordinance Nos. 7991, 7995 and 7998 on second and final reading. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
Resolution No. 406
A resolution creatinga Complete Count Committee for 1980 Census and providing
necessary appointments to the Committee.
The primary purpose of the Complete Count Committee is to enhance the Bureau's mass
communications efforts by turning those efforts toward the local area. The activities
of the Committee are supportive and in no way is an attempt to replace the Bureau's
effort. The Committee has focused on all segments of the population and especially
emphasizes the confidentiality of the census information. The Committee is composed
of nine persons, including the Chairman who was appointed by the City Council. The
Committee's representatives are from all local major ethnic and cultural interests.
The term of the Committee of the appointments will expire June 30, 1980.
The appointments were made under Agenda Item No. 72 to be found on page 129 of the
minutes.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass
RM
Resolution No. 406, creating the Complete Count Committee for the 1980
Census. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
LGB:pg
RESOLUTION NO. 406
WHEREAS, the City Council for the City of Lubbock recognizes the
vital importance of an accurate 1980 census, which effects our communit�
political representation in the U.S. Congress and in the State Legislati
and also determines the percentage of Federal and State funds returned
to the City of Lubbock each year, and
WHEREAS, the City Council further recognizes the need for an
intensive public education campaign to inform all residents about the
importance of cooperating with the census; WHEREFORE:
BE IT RESOLVED:
THAT the Mayor for the City of Lubbock BE and is hereby authorized
to create a "Complete Count Committee" and to charge them with the
responsibility of supporting and supplimenting the mass communication
effort of the Census Bureau by attempting to reach all segments of our
total population and by especially emphasizing the confidentiality of
the census information;
THAT the Complete Count Committee shall be composed of nine member
including a chairman who shall be appointed by the Mayor and Council;
THAT the Complete Count Committee members shall be chosen from the
entire community and shall include representatives from all local major
ethnic and cultural interests;
THAT the Complete Count Committee shall be dissolved June 30, 1980
to insure ample time after Census Day for completion of its assigned
duties.
Passed by City Council this 14th day of February
1980.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl H. David Jones
H. David Jones, Sr. Planner
APPROVED AS TO FORM:
Isl Leon Bean
Leon G. Bean, Assistant City Attorney
80-39-106-161 Ordinance No. 8000
(38)
An emergency ordinance amending the Housing Code concerning demolition
or repair of substandard buildings.
The Housing Standards Department wants to adopt a current Uniform
Housing Code in line with the 1979 Uniform Building Code. The basic
change brought by this ordinance requires that a hearing be held before
an order for demolition or repair is issued by the Housing Standards
Department. The procedures currently set forth in the Uniform Code
only require a hearing if requested by either party, so it is necessary
to amend the hearing procedures to meet the recently -adopted Article
1175 of the Texas Statutes.
Mr. Jim Bertram, Director of Planning, indicated there were increasing
legal problems with respect to substandard housing, junk vehicles and
related items, and the purpose of this ordinance is to make it more
difficult to demolish substandard structures. The proposed ordinance
resulted from the new changes in the Legislation. This new requirement
by the Legislature makes it increasingly difficult for municipalities
to adhere to the Legislative requirements and to move progressively
within the community at the same time.
. s
^e
Tlip Tnntinn wAQ Tnndp by Cniinrilwomnn Jordan- seconded by Councilman
LM
r
Aderton to pass Ordinance No. 8000 as an emergency measure; however, instructed the
staff to revert back to the former procedures as soon as the law will allow to enable
the City to be more progressive in their housing standards work. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
LGB:pc
ORDINANCE NO. 8000
AN ORDINANCE AMENDING ORDINANCE NO. 6846 OF THE CITY OF LUBBOCK, WHICH ADOPTED
THE UNIFORM HOUSING CODE, 1973 EDITION, WITH CERTAIN AMENDMENTS THERETO, BY ADOPTING
CERTAIN FURTHER AMENDMENTS THERETO PERTAINING TO HAVING HEARINGS BEFORE THE HOUSING
STANDARDS COMMISSION ON ALL BUILDINGS NOT IN COMPLIANCE AFTER THE COMPLIANCE PERIOD
AND BY ADDING A PENALTY SECTION TO SAID ORDINANCE; DECLARING AN EMERGENCY; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING FOR A PENALTY AS PROVIDED
FOR IN SECTION 1-5 OF THE CITY CODE.
80-39-107-162 Resolution No. 407
(39)
A resolution approving an amendment to the agreement between the City and the Steering
Committee of the Lubbock Urban Transportation Study (MPO).
This resolution approves a revised exhibit for the 1980 Metropolitan Planning Organizatj
City Agreement, said exhibit referenced as Task 802.10 "Traffic Engineering Study III
Digital Traffic System," to determine the feasibility of costs of converting Lubbock's
phase responsive computer signal system to a digital traffic signal system. The new
Task will provide for Section 112 Funds in the amount of $30,000.
The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass
Resolution No. 407. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
LGB:cl
RESOLUTION NO. 407
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 amendment to the Agreement
between the City of Lubbock and the Steering Committee of the Lubbock Urban Transportati
Study (Metropolitan Planning Organization) 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 14th day of February ,1980.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ B. H. McDaniel
B.H. McDaniel, Traffic Engineering Dir.
APPROVED AS TO FORM:
/s/ Leon Bean
Leon G. Bean, Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Contract is an amendment to the contract entered into on the 23rd day of
F'I October, 1975, amended on the 23rd day of August, 1979, by and between the Steering
Committee of the Lubbock Urban Transportation Study (Metropolitan Planning Organization)
and the City of Lubbock.
)I
)r
Am.
WITNESSETH:
THAT the Exhibit "B" attached hereto shall replace Exhibit "B" as
attached to the aforementioned contract amendment of August 23, 1979.
THAT the purpose of said change is to delete Task No. 801.10,
relating to a capacity study, and substitute therefor Task No. 802.10,
a Traffic Engineering Study III (Digital Traffic System).
IN TESTIMONY WHEREOF, the parties hereto have caused these
presents to be executed on the aforementioned date.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
Steering Committee
Lubbock Urban Transportation Study City of Lubbock
Isl Bill McDaniel
Bill McDaniel, Vice -Chairman
ATTEST:
Isl Glenn Y. Johnson
Glenn Y. Johnson, Secretary
2-4-80
Date
Isl Dirk West
Dirk West, Mayor
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga
City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Leon Bean I
Leon Bean, Asst. City Xt`to�
EXHIBIT B
Summary of Section 112 funding to be received by City of Lubbock for
listed tasks to be performed during FY 1980 (September 1, 1979 -
August 31, 1980).
Task
No. Task Description 112 Funds
201.10 Accident Study $ 400.00
501.10 Parking Study 4,100.00
601.10
Phase City of Lubbock
1 & 2 Street Inventory 10,000.00
701.10 Population & Economics Study 20,500.00
802.10 Traffic Engineering Study III
(Digital Traffic System)
TOTAL
Man Hours
Fringe Benefits at 31.4%
To be used by City of Lubbock
to retain consulting firms
Travel
Printing & Xerox
TOTAL
30,000.00
$65,000.00
$10,046.00
3,154.00
50,500.00
500.00
800.00
$65,000.00
r4l
109
FEB 1 � 1980
80-39-109-163
(40)
80-39-109-164
(41)
80-39-109-165
(35)
80-39-109-166
(35)
80-39-109-167
(36)
Consider the price and conditions of sale of Parcel 13-11 of the Coronado -Tex. R-33
Urban Renewal Area.
Redeveloper Price Redevelopment
James Parks $750.00 Single -Family Residence
Consider the price and conditions of sale of Parcel 4-2 in the Coronado -Tex. R-33
Urban Renewal Area.
Redeveloper
Price
St. Luke Baptist Church $750.00
Redevelopment
Parking Lot
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to
approve the price and conditions of sale to the above parcels. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
Consider use of Community Development Program Income for engineering survey of Detroit
Street for future widening.
Detroit Avenue, from 4th Street north to Clovis Highway through the Arnett Benson
Area, was designated a collector street in the NDP Urban Renewal Plan. This item
requests approval to conduct a survey for the widening of Detroit Street. The survey
will cost about $5,200, to be funded by CD Contingency Funds.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve
the above referenced request with the funds being used as a supplement to the income
fund accrued from sale of Urban Renewal properties. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
Hold a public hearing to consider entering into a cooperation agreement with the
Lubbock Housing Authority.
In accordance with a Notice posted on February 8, 1980, a public hearing was held on
the above matter.
The Community Development staff personnel indicated that a public hearing has been
held twice before on this particular item --January 11, 1979, and on August 24, 1979--
but HUD has found some technical error in each situation and the agreement has not
been acceptable from their point of view. The Notice Of Intent To Consider The
Agreement was published in the Lubbock Avalanche -Journal on November 30, 1979, and
December 30, 1979, in accordance with HUD's requirements. The purpose of the agreement
is to provide funds for 132 units of public housing to be constructed or rehabilitated
by the Lubbock Housing Authority. The application has been submitted for these funds
and approval of same is pending on the appropriate public hearing.
The Staff reported that there are 600 viable applicants on file pending the development
of the proposed units; that occupancy at Green Fair Manor is complete for those units
that are suitable for occupancy; that occupancy at Hub Homes will be filled by March
as the result of the completion of the rehabilitation program in this development.
There being no further discussion and no opposition, the hearing was closed.
Resolution No. 405
A.resolution authorizing the Mayor to execute a cooperation agreement with the Lubbock
Housing Authority.
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass
Resolution No. 405. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
RESOLUTION NO. 405
A RESOLUTION APPROVING COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF THE
CITY OF LUBBOCK, TEXAS AND AUTHORIZING ITS EXECUTION.
WHEREAS, the City of Lubbock, Texas, has caused to be published twice in its
officially designated newspaper the notice of its intent to enter into a Cooperation
Agreement with the Housing Authority of the City of Lubbock, Texas; and
WHEREAS, 60 days or more have elapsed since the date of the first publication of
said Notice, with no petition for election being filed in accordance with the Housing
Cooperation Law of Texas;
110
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
THAT, the Cooperation Agreement between the City of Lubbock,
Texas and the Housing Authority of the City of Lubbock, Texas, is
hereby approved.
THAT, this Resolution shall become effective immediately.
THAT, the Mayor of the City of Lubbock BE and is hereby authorized
to execute for and on behalf of the City of Lubbock a Cooperation
Agreement between the City of Lubbock and the Housing Authority of
the City of Lubbock, attached herewith, which shall be spread upon
the minutes of the Council and as spread upon the minutes of the
Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the Council this 14th day of February , 1980.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Vicki Foster
Vicki Foster, Community Development Coordinator
APPROVED AS TO FORM:
Isl W. M. McKamie
W. M. McKamie, Assistant City Attorney
COOPERATION AGREEMENT
BETWEEN
THE CITY OF LUBBOCK
AND
THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK, TEXAS
STATE OF TEXAS
COUNTY OF LUBBOCK
This Agreement enter into this day of
1980, by and between the Housing Authority of the City of Lubbock,
Texas, (herein called the "Local Authority") and the City of Lubbock
(herein called the "Municipality").
WITNESSETH:
In consideration of the mutual covenants hereinafter set forth,
the parties hereto do agree as follows:
1. Whenever used in this Agreement:
(a) The term "Project" shall mean any low -rent housing
hereafter developed as an entity by the Local Authority with fxna
assistance of the United States of America (herein called the
"Government"), pursuant to the United States Housing Act of
1 J7,
as amended, and the Department of Housing and Urban Development
Act; excluding, however, any low -rent housing project covered I:y
any contract for loans and annual contributions entered into
between the Local Authority and agencies of the Government prior
to the date of this Agreement.
ncial
(b) The term "Taxing Body" shall mean the State or any politial
subdivision or taxing unit thereof in which a Project is situated
and which would have authority to assess or levy real or persoral
property taxes or to certify such taxes to a taxing body or public
officer to be levied for its use and benefit with respect to a
Project if it were not exempt from taxation.
ill
F".
(c) The term "Shelter Rent" shall mean the total of all charges
to all tenants of a Project for dwelling rents and nondwelling
rents (excluding all other income of such Project), less the cost
to the Local Authority of all dwelling and nondwelling utilities.
(d) The term "Slum" shall mean any area where dwellings predominate
which, by reason of dilapidation, overcrowding, faulty arrangement
or design, lack of ventilation, light or sanitation facilities, or
any combination of these factors, are detrimental to safety, health
or morals.
2. The Local Authority shall endeavor (a) to secure a contract or contracts
with the Government for loans and annual contributions covering one or more Projects
comprising approximately two hundred (200) units of low -rent housing and (b) to
develop and administer such Project or Projects, each of which shall be located
within the corporate limits of the Municipality. The obligations of the parties
hereto shall apply to each such Project.
3. (a) Under the constitution and statutes of the State of Texas
all Projects are exempt from all real and personal property taxes
and special assessments levied or imposed by any Taxing Body. With
respect to any Project, so long as either (i) such Project is owned
by a public body or governmental agency and is used for low -rent
housing purposes, or (ii) any contract between the Local Authority
and the Government for loans or annual contributions, or both, in
connection with such Project remains in force and effect, or (iii)
any bonds issued in connection with such Project or any monies due
to the Government in connection wich such Project remain unpaid,
whichever period is the longest, the Municipality agrees that it
will not levy or impose any real or personal property taxes or
special assessments upon such Project or upon the Local Authority
with respect thereto. During such period, the Local Authority shall
make annual payments (herein called "Payments in Lieu of Taxes") in
lieu of such taxes and special assessments and in payment for the
Public services and facilities furnished from time to time without
other cost or charge for or with respect to such Project.
(b) Each such annual Payment in Lieu of Taxes shall be made after
the end of the fiscal year established for such Project, and shall
be in an amount equal to either (i) ten percent (10%) of the aggregate
Shelter Rent Charged by the Local Authority in respect to such
Project during such fiscal year, or (ii) the amount permitted to
be paid by applicable State law in effect on the date such payment
is made, whichever amount is the lower.
(c) The Local Authority shall distribute the Payments in Lieu of
Taxes among the Taxing Bodies in the proportion which the real
property taxes which would have been paid to each Taxing Body for
such year if the Project were not exempt from taxation bears to
to the total real property taxes which would have been paid to all
Taxing Bodies for such year if the Project were not exempt from
taxation; Provided, however, that no payment for any year shall
be made to any Taxing Body in excess of the amount of the real
property taxes which would have been paid to such Taxing Body
for such year if the Project were not exempt from taxation.
(d) Upon failure of the Local Authority to make any Payment in
Lieu of Taxes, no lien against any Project or assets of the Local
Authority shall attach, nor shall any interest or penalties accrue
or attach on account thereof.
4. During the period commencing with the date of the acquisition of
any part of the site or sites of any Project and continuing so long as either (i)
such Project is owned by a public body or governmental agency and is used for low -
rent housing purposes, or (ii) any contract between the Local Authority and the
Government for loans or annual contributions, or both, in connection with such Project
remains in force and effect, or (iii) any bonds issued in connection with such Project
or any monies due to the Government in connection with such Project remain unpaid,
whichever period is the longest, the Municipality without cost or charge to the Local
Authority or the tenants of such Project (other than the Payments in Lieu of Taxes)
shall:
(a) Furnish or cause to be furnished to the Local Authority and
the tenants of such Project public services and facilities of the
same character and to the same extent as are furnished from time
to time without cost or charge to other dwellings and inhabitants
in the Municipality;
(b) Vacate such streets, roads, and alleys within the area of such
Project as may be necessary in the development thereof, and inso-
far as allowed by State law, convey without charge to the Local
Authority such interest as the Municipality may have in such vacated
areas, and, insofar as it is lawfully able to do so without cost
or expense to the Local Authority or to the Municiplaity, cause
to be removed from such vacated areas, insofar as it may be necessary,
all public or private utility lines and equipment.
112
1980
(c) Insofar as the Municipality may lawfully do so, (i) grant
such deviations from the building code of the Municipality
as are reasonable and necessary to promote economy and efficiel
in the development and administration of such Project, and at
the same time safeguard health and safety, and (ii) make such
changes in any zoning of the site and surrounding territory
of such Project as are reasonable and necessary for the devel
and protection of such Project, and the surrounding territory;
(d) Accept grants of easements necessary for the development
of such Project; and
(e) Cooperate with the Local Authority by such other lawful
action or ways as the Municipality and the Local Authority ma
necessary in connection with the development and administrati
of such Project.
5. In respect to any Project the Municipality further agrees tha
within a reasonable time after receipt of a written request therefor
from the Local Authority:
(a) It will accept the dedication of all interior streets,
roads, alleys, and adjacent sidewalks within the area of
such Project, together with all storm and sanitary sewer
mains in such dedicated areas, after the Local Authority,
at its own expense, has completed the grading, improvement,
paving, and installation thereof in accordance with specifical
acceptable to the Municipality;
(b) It will accept necessary dedications of land for, and
will grade, improve, pave, and provide sidewalks for, all
streets bounding such Project or necessary to provide
adequate access therto (in consideration whereof the Local
Authority shall pay to the Municipality such amount as
would be assessed against the Project site for such work
if such site were privately owned); and
(c) It will provide, or cause to be provided, water
mains, and storm and sanitary sewer mains, leading to such
Project and serving the bounding streets thereof (in
consideration whereof the Local Authority shall pay to the
Municipality such amount as would be assessed against the
Project site for such work if such site were privately
owned).
6. If by reason of the Municipality's failure or refusal to
furnish or cause to be furnished any public services or facilities
which it has agreed hereunder to furnish or to cause to be furnished
to the Local Authority or the the tenants of any Project, the Local
Authority incurs any expense to obtain such services or facilities
then the Local Authority may deduct the amount of such expense from
any Payments in Lieu of Taxes due or to become due to the Municipality
in respect to any Project or any other low -rent housing projects
owned or operated by the Local Authority.
7. No Cooperation Agreement heretofore entered into between
the Municipality and the Local Authority shall be construed to apply
to any Project covered by this Agreement.
8. So long as any contract between the Local Authority and
the Government for loans (including preliminary loans) or annual
contributions, or both, in connection with any Project remains in
force and effect, or so long as any bonds issued in connection with
any Project or any monies due to the Government in connection with
any Project remain unpaid, this Agreement shall not be abrogated,
changed, or modified without the consent of the Government. The
privileges and obligations of the Municipality hereunder shall
remain in full force and effect with respect to each Project so long
as the beneficial title to such Project is held by the Local Authority
or by the Government or by any other public body or governmental
agency authorized by law to engage in the development or administration
of low -rent housing projects. If at any time the beneficial title
to, or possession of, any Project is held by the Government, other
public body or governmental agency, the provisions hereof shall
inure to the benefit of and may be enforced by the Government, such
other public body or governmental agency.
RAr
t
find
.ons
113
a
80-39-113-168
(43)
IN WITNESS WHEREOF, the Municipality and the Local Authority have respectively
signed this Agreement and caused their seals to be affixed and attested as of the
day and year first above written.
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Vicki. Foster
Vicki Foster, Community Development
Coordinator
APPROVED AS TO FORM:
Isl W. M. McKamie
W. M. McKamie, Assistant City Attorney
ATTEST:
/s/
Secretary
Resolution No.
408
CITY OF LUBBOCK
By: Isl Dirk West
DIRK WEST, MAYOR
HOUSING AUTHORITY OF THE CITY OF
LUBBOCK, TEXAS
By: /s/
Chairman
A resolution authorizing payment of a portion of the retainage on CDWO 7819.
Unexpected delays, through no fault of the contractor W. D. Turner, is the
basis of this request. The only streets remaining unpaved are delayed because of
right-of-way and by utility installations. The total amount paid to date is $469,686.
the amount retained is $52,187.34; the Staff recommends 90% released ($46,968.61)
and retainage of 10% ($5,218.73) until the project is finally completed. The
original amount of the contract was $746,848.50.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass
Resolution No. 408, releasing 90% of the retainaged sum. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
JWF:bs
RESOLUTION NO. 408
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT payment to the Contractor, W. D. Turner is hereby authorized in the amount
of $46,968.61 out of a 10% retainage of $52,187.34. This payment is authorized by
reason of the fact that completion of the contract has been delayed through no fault
of the Contractor, and in such cases, such payment can be authorized by the City of
Lubbock according to its contract for such paving with said Contractor. This
payment authorization relates to paving, Contract C.D.W.O. 7819. The Engineering
Department of the City of Lubbock has recommended that $5,218.73, which represents
the difference between said sum of $46,968.61 and $52,187.34, be retained until the
project is completed.
PASSED BY CITY COUNCIL THIS 14th DAY OF February , 1980.
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 Dirk West
DIRK WEST, MAYOR
I;
Isl J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
114
80-39-114-169 Resolution No. 409
(44)
A resolution authorizing the Mayor to execute a Pipe Line License
between Atchison, Topeka and Santa Fe Railway Co. as reflected on
Map No. X3409 for sewage effluent purposes.
This pipe line license is for three crossings near Loop 289 Overpass
at 66th Street, and is for the purpose of carrying sewage effluent
only. The fee is $150.
The motion was made by Councilwoman Jordan, seconded by Councilman
McAlister to pass Resolution No. 409. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
JWF:bs
RESOLUTION NO. 409
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is authorized and directed
to execute for and on behalf of said city, a Pipeline License Agreement
to be entered into by and between said city and The Atchison, Topeka
& Santa Fe Railway Company, said license to carry the sewage effluent
as illustrated in said Railway Company's map no. X-3409 dated January
28, 1980.
PASSED BY THE CITY COUNCIL THIS 14th DAY OF February , 198(1,
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
Isl Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
*NOTE: Pipe Line License and Map No. X-3409 are attached to Original
Resolution No. 409,entitled "Pipe Line License w/Santa Fe RR for
sewage effluent uses - Map #X3409".
80-39-114-171 Ordinance No. 8001
(45)
An appropriation ordinance from Sanitation Capital Reserve Fund to
Sanitation Capital Fund for equipment replacement.
A reserve fund was established over the past several years to allow
for the equipment replacement without working undue hardship on
current budget allocations. It is the recommendation of the Department:
Staff, as well as the Administrative Staff to commence replacing
seven trucks to be used in the Sanitation Department, for the purpose
of curtailing maintenance cost on old equipment. The ordinance is
in the sum of $711,558.
The motion was made by Councilman Aderton, seconded by Councilwoman
Jordan to pass Ordinance No. 8001 on first reading; and it is their
recommendation to establish similar reserve funds where necessary
for equipment replacement as a steady practice. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
115
ORDINANCE NO. 8001
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it necessary to move
certain fund monies from the Sanitation Capital Reserve Fund No. 30 to the Sanitation
Capital Expenditures Fund No. 30 for FY 79-80 for the following purposes:
BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF LUBBOCK:
THAT there is hereby appropriated out of the Sanitation Capital Reserve Fund
No. 30 the sum of $711,585.00 into the Sanitation Capital Expenditures Fund No. 30
for the following purposes:
1. Residential Collection Equipment
6 - Trucks $ 186,096
Front PTO's 14,000
Tires, Rims, Foamfill 30,000
$230,096
2. Commercial Collection Equipment
2 - Trucks 71,556
Tires, Rims, Foamfill 10,000
81,556
3. Landfill Equipment
Service Truck 21,348
(change over and equipping)
Proposed Equipment Purchase & Municipal Building Improvements
1. Residential Collection Equipment
7 - Trucks 256,885
3 - Packer Barrels 44,700
7 - Front PTO's 14,000
Tires, Rims, Foamfill 35,000
2. Maintenance Building Improvement 17,631
Container Maintenance Equipment 10,369
350,585
28,000
$711,585
AND IT IS SO ORDERED.
Passed by the Council on first reading this 14thday of February 1980.
Passed by the Council on second reading this _ day of 1980.
DIRK WEST, MAYOR ,
ATTEST:
Evelyn Gaffga, City Secretary -Treasurer
VERIFIED BY:
/s/
FINANCE OFFICER
APPROVED AS TO CONTENT:
Isl Denzel Percifull
Denzel Percifull, Director of Public
Services
APPROVED AS TO FORM:
Isl Leon Bean
Leon Bean, Assistant City Attorney
116
FEB 1 1980
80-39-116-171 Resolution No. 416
(46)
Consider accepting water and sewer utilities in Lots 58 through 100,
Whisperwood Addition.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlist
to accept water and sewer utilities, referenced above, and to pass
Resolution No. 416. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
RESOLUTION NO. 416
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS
58 THROUGH 100, WHISPERWOOD ADDITION.
WHEREAS, the developer of Lots 58 through 100, Whisperwood Additi
have complied with the provisions of the City of Lubbock Code, Chapter
34, Article 2, by providing the water and sewer improvements for said
addition in accordance with paragraph 61 of said Chapter 34, and,
WHEREAS, the total utility cost of the developer of $71,972.69, wi
the improvements constructed by Panhandle Construction Co, having a val
of $67,205.63 as determined by the unit prices established by said
Chapter 34, and $4,767.06 cash (engineering, wet tie-ins, paving repair
difference in Pro Rata and actual cost) paid to the City, with Tara
Land Co., the developer, to receive a refund of $16,015.16 in accordanc
with Chapter 34 of the Code of the City of Lubbock,
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the City Engineer and said
improvements have been completed in accordance with the City of Lubbock
plans and specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
1. That the improvements be and the same are hereby accepted as
an integral part of the water and sewage system of the City
of Lubbock,
2. That refund of the refundable cost in the amount of $16,015.16
be made in accordance with said Chapter 34.
3. This resolution shall take effect and be in force from and
after its passage.
PASSED AND APPROVED THIS 14th DAY OF February, 1980.
Isl Dirk West
Dirk West, Mayor
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
Isl Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
a
3OCK;
117
FEB 3 4 PQRn
7,
80-39-117-172 Consider request of the developer of Shadow Hills Addition for City participation
(47) in construction of sewer approach main.
This item was considered at the January 24, 1980, Regular City Council Meeting,
and at that time the Council requested information as to the availability of funds
by which the City could participate in the construction cost of an oversized sewer
approach main. The cost of the approach main for this subdivision is estimated at
$83,190.92; the cost of a 10-inch line is estimated at $37,186.39; the cost of a
line in excess of 10 inches would be $46,004.53. The pro rata ordinance, when
enacted in the early 1950s, indicated that all water and sewer lines would be 8
inches in size, and that the City would participate in the cost of 10-inch or
larger lines when funds were available. There has never been a clear-cut policy
as to which lines were to be totally funded by the City, and which lines were to
be totally funded by the developer, or with City participation at some point.
The Staff reported that there are funds in the Sewer Reserve Fund which could be
applied to this project, subject to reimbursement by the developer as the development
of the subdivision takes place. Therefore, it is the Staff's recommendation that
the City participate in the cost of the construction of the main approach line
over 12", the developer to pay for a 12-inch approach line, and it is further
recommended that the bids specify a 12-inch line. Additionally, it is recommended
that the pro rata ordinance be reconsidered and amended to clearly reflect the
policy for future situations. The estimated cost of the City's share of this
project would be $42,360.03, said funds being available through the Sewer Reserve
Fund.
The motion was made by Councilman Aderton, seconded by Councilwoman Jordan to
accept the recommendations of the Staff as stated above, and at the February 28,
1980, Regular City Council Meeting, to consider the ordinance amending the pro
rata ordinance reflecting the City's participation in such construction cost, thus
establishing a current clear-cut policy in such matters. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
80-39-117-173 Resolution No. 410
(48)
A resolution supporting the re-enactment of General Revenue Sharing.
The General Revenue Sharing Program will be considered this spring by Congress,
and a great deal of support is needed from state and local governments to ensure
its re-enactment. This resolution expresses the City Council's support for the
program, and it is proposed that a copy be sent to Congressman Kent Hance and
Senators John Tower and Lloyd Bentsen, as well as to the Office of the President.
It also was stated that there is to be attached to the resolution a list of those
projects funded by General Revenue Sharing funds that have been completed, reflecting
the ways the City of Lubbock has benefited from such a program.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to
pass Resolution No. 410, and to instruct the Staff to send the appropriate copies
as stated above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
RESOLUTION NO. 410
A RESOLUTION SUPPORTING THE RE-ENACTMENT OF GENERAL REVENUE SHARING:
WHEREAS, Lubbock, Texas has received over $22 million in vitally needed
fiscal assistance through the General Revenue Sharing program since 1972;
WHEREAS, General Revenue Sharing is the least complicated federal fiscal
assistance program which enables Lubbock to meet the locally -determined priority
needs of the community;
WHEREAS, No other federal program has contributed less to the fiscal problems
of the federal government, has lower overhead costs, or has provided some degree of
compensation for the unfunded mandates which the federal government imposes on
state and local taxpayers;
WHEREAS, General Revenue Sharing has enabled Lubbock, Texas to provide vitally
needed services and facilities for the benefit of all its taxpayers regardless of
economic or social status;
WHEREAS, All citizens of Lubbock are severely affected by the spiraling and
unprecedented rate of inflation, which is stripping them of hard-earned income;
WHEREAS, current inflationary rates are undermining the ability of the City of
Lubbock to provide essential services to the citizens of Lubbock within reasonable
and acceptable levels of local taxation;
WHEREAS, General Revenue Sharing has enabled the City of Lubbock to delay bond
issues for general capital improvements;
118
WHEREAS, The General Revenue Sharing funds received by the City
of Lubbock has equaled approximately 20% of estimated tax collections,
and has prevented increases in the local tax rate;
WHEREAS, the loss of General Revenue Sharing funds will result
in either cut -backs on capital expenditures, leading to deterioration
of public facilities, or increases in local taxes;
WHEREAS, General Revenue Sharing has enabled Lubbock and other
cities to maintain and improve services without raising taxes which
is the most direct way of benefiting the poor and elderly population
who are hit proportionately hardest by increased taxes;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT, the City Council supports the General Revenue Sharing
program and encourages the 96th Congress to re-enact the program to
insure the continuation of a vitally needed fiscal assistance
program to Lubbock and other cities;
THAT, the City Council opposes the concept of rewarding fiscally
irresponsible cities with bail -out programs;
THAT, the City Council would be opposed to any change in the
formula allocation system which would further disportionately benefit
the "distressed" northeastern cities at the expenses of the other
portions of the country;
THAT, the City Council endorses the "no -strings" concept of Gener
Revenue Sharing which allows local decisions to be made to best meet
the needs of local communities;
AND THAT, the City Council directs that this Resolution be sent
to the President of the United States, Senators John Tower and Lloyd
Bentsen, and Congressman Kent Hance.
Passed by the Council this 14th day of Februa
M M.
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
Isl Vicki Foster
Vicki Foster, Community Development Coordinator
Isl W. M. McKamie
W. M. McKamie, Assistant City Attorney
80-39-118-174 Resolution No. 411
(49)
A Joint Resolution between the City of Lubbock and the Lubbock
Independent School District to hold an election on April 5, 1980,
pursuant to Art. 978b, V.A.T.S. and the Federal Voting Rights Act.
The City and School joined together in 1978 for a joint election,
and although there were some problems, the main advantage to a joint
election is the savings in cost. In a joint election the responsibilit3
lies with the City Secretary -Treasurer to conduct the election for
both the City and the School. The present situation is compounded
by the fact that the County approved redistricting the voting precincts
in the fall of 1979, said boundaries becoming effective March 1,
1980. The City has likewise redistricted the voting precincts to
comply with the County, and this information will be submitted to
the Justice Department for preclearance prior to the April 5, 1980,
election date. The situation is compounded further by the fact that
the School is not redistricting or changing its boundaries, there
being innumerable areas where total noncompatibility will then be in
effect. The main concern of the City Administration and City Secretary
is one of voter confusion as a result of the redistricting by the
County and City and nonredistricting by the School.
119
At a recent meeting between City and School Officials, the following items were
agreed upon:
1. There would be separate ballots for the City and School
for each polling place.
2. There would be separate ballot boxes at each polling
place.
3. The City and School would each conduct their own absentee
balloting at the location of their choice.
4. The City and School would each pay for its own ballots and
share equally in the cost of all other Election supplies.
5. The City would arrange for Election officials and be re-
sponsible for paying all of those officials. The School
would reimburse the City for its share of Election officials
at joint election precincts and will pay for the entire
cost of officials where the school has precincts in which
the City does not share a polling place.
6. The City will furnish all Election Handbooks and Election
Law Books for Election Judges.
7. The City will contact all Judges and other Election Officials
and arrange for their services prior to the Election.
8. The City will pay for all expenses outlined above, and then
will bill the School for its pro-rata share of those expenses.
At the Work Session preceding the Council Meeting, the City Secretary indicated
her main concern was with respect to voter confusion and the need for voter education,
whereby each voter will be notified of his current precinct and the voting place
that will be in effect on April 5.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass
Resolution No. 411, authorizing a Joint Election to be held by the City of Lubbock
and the Lubbock Independent School District on April 5, 1980, and authorizing the
City Secretary to use whatever funds and personnel needed to conduct said election
with as little confusion and chaos as possible. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
JCR:cl -JOINT RESOLUTION NO. 411
WHEREAS, the City of Lubbock and the Lubbock Independent School District are
required by law to hold elections on April 5, 1980; and
WHEREAS, in a joint effort to assist the voters and to reduce the cost of
holding such elections by combining, whenever possible, the voting places for such
elections; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE BOARD OF TRUSTEES
OF THE LUBBOCK INDEPENDENT SCHOOL DISTRICT ACTING JOINTLY:
THAT a joint election of the City of Lubbock and the Lubbock Independent
School District be held on April 5, 1980, insofar as it is legally possible under
provisions of Vernon's Ann.Civ.St. art. 978b and the Federal Voting Rights Act;
that is, in voting precincts where the voting places of both the City and the
School District correspond, there shall be one joint voting place with one election
judge in charge and election judges shall serve both the City and the School
District.
IN voting precincts where the voting places do not correspond, the City and
the School District shall have separate election judges and clerks.
IN voting precincts where the City and the School District join together,
separate ballots, poll lists, tally lists, return forms and ballot boxes shall be
provided for the City and for the School District, and each (the City and the
School District) shall provide and pay for its own forms and boxes.
THE returns, canvas and report of results shall be made separately by the
City and the School District in the manner required by law.
THE election judge in joint precincts shall be responsible for the custody
and return of ballots and supplies to both the City and the School District.
THE expense of holding the election in joint precincts such as election judge
and clerk salaries, custodial expense, voting machinery and supplies shall be
shared equally by the City and the School District.
120
THE City and the School District may agree upon separate or
joint checks to the judges and clerks and the rate of compensation
to such officials.
Passed by the City Council this 14th day of February. ,1980.
-Isl Dirk West
DIRK WEST, MAYOR
ATTEST: APPROVED AS TO FORM:
/s/ Evelyn Gaffga Isl Donald G. Vandiver
Evelyn Gaffga, City Secretary -Treasurer Donald G. Vandiver, First
Passed by the Board of Trustees of the Lubbock Independent School
District this _21st day of February - 1980.
/s/ Monte Hasie
MONTE HASTE, PRESIDENT
ATTEST: APPROVED AS TO FORM:
Isl Jose S. Ramirez Isl Charles Cobb
Jose Ramirez, Secretary Charles Cobb
80-39-120-175 Resolution No. 412
(50) A resolution authorizing the Mayor to execute a contract with MSW
Properties, Inc. with regard to drilling for oil, as and other
minerals.
This is a contract with MSW Properties, which is affiliated with
Michelin Tire Company, and provides that the City will not drill for
oil or minerals on the actual building site recently sold to MSW
Properties by the Industrial Foundation.
The motion was made by Councilman McAlister, seconded by Councilman
Aderton to pass Resolution No. 412. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
JCR: cl
RESOLUTION NO. 412
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 MSW PROPERTIES INC., and 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 14th day of Feb
ATTEST:
Isl Evelyn Gaffga ._
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
Isl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
Isl Dirk West
DIRK WEST, MAYOR
sst. City
Attorney
121
FEB " I 1ii990
THE STATE OF TEXAS
COUNTY OF LUBBOCK § CONTRACT
This contract and covenant is entered into by and between MSW PROPERTIES INC.,
a Delaware corporation (MSW") the fee simple owner of the surface estate of the
herein described tracts and THE CITY OF LUBBOCK, TEXAS, a municipal corporation
("CITY"), the fee simple owner of all the underground water and an undivided one-half
(1/2) of the oil, gas and other minerals in and under and that may be produced
from the herein described tracts of land, situated in Lubbock County, Texas:
TRACT A. A tract of land out of Section Forty -One (41),
Block A, HE & WT Railroad Company Survey,
Lubbock County, Texas, to -wit:
BEGINNING at the Northwest corner of Section
Forty -One (41), Block A, HE & WT Railroad
Company Survey, Lubbock County, Texas;
THENCE East 3000 feet;
THENCE South 3000 feet;
THENCE West 3000 feet;
THENCE North with the West section line 3000 feet
to the place of beginning.
TRACT B. All of the balance remaining of that certain
510.695 acre tract of land out of the North
part of Section No. 41, Block A, Abstract No.
59, HE & WT Railway Company Survey, Lubbock
County, Texas, better described by metes and
bounds in that certain Warranty Deed from the
Lubbock Industrial Foundation, Inc. to MSW
PROPERTIES INC. recorded in Volume 1665 at
page 849, of the Deed Records of Lubbock
County, Texas, after excluding the 3000-foot
by 3000- foot tract hereinabove specifically
described as TRACT A.
That for and in consideration of the receipt of TEN DOLLARS ($10.00) and other
good, sufficient and valuable considerations to each in hand paid by the other, and in
consideration of the mutual benefits that will accrue to each of the parties hereto
and with due regard to the rights of the surface owner, the receipt and sufficiency
of which consideration is acknowledged, the parties enter into this contract and
covenant and CITY hereby agrees, on behalf of itself, its successors and assigns and
on behalf of any party or parties holding or who might hold under any water and/or
oil, gas and mineral lease from CITY or otherwise as follows:
(1) That it shall not hereafter surface any well for the
production of oil, gas or other minerals or water
within 150 feet of any structure, building, house,
or improvement of MSW located on Tract A described
above; and
(2) CITY shall not surface any new water, oil or gas well
nor shall CITY in any way use or occupy any portion
of the surface of the herein -described Tract A for
purposes of operations in exploring, drilling for,
mining, producing, treating, storing, or transporting
oil, gas or other minerals or water in, on,.or under
the land herein described as Tract A, nor will CITY
interfere with nor disrupt or disturb the use or intended
use by MSW of the property herein described as Tract A,
without the specific consent of MSW.
In exchange for the herein recited agreements and covenants.by the City and in
further consideration therefore, MSW agrees that on the balance of the property
hereinabove described as Tract B and specifically exclusive of the tract described
above as Tract A, it shall cooperate in all respects with the CITY on the surfacing
of water, oil or gas wells on Tract B and shall not in any way interfere with,
hinder or obstruct the actitities conducted by CITY for the production of water,
oil, gas or other minerals from in, on or under such tract.
Parties hereto further agree that this contract and covenant, (exclusive of
the prohibition against surfacing -,.,wells on Tract A), shall in no way diminish,
alter or modify the rights of the CITY to pool Tract A with Tract B, nor shall
CITY be prohibited from developing in any way the water or mineral interests under
Tract A so long as the CITY abides by the agreements and covenants set forth herein.
This covenant and contract shall run with and bind the land herein described
and shall inure to the benefit of, and be enforceable by either party or the owner
of all or any part of the surface, water or mineral interest herein described and
their legal representatives, successors and assigns and shall be effective from
this date forward.
122
LA, L
EXECUTED by the parties hereto this 7th day of February, 1980.
ATTEST:
s/
Secretary
THE STATE OF New York
COUNTY OF New York
MS-W PROPERTIES INC.
BY: /s/
THE CITY OF LUBBOCK
BY: /s/ Dirk West
Dirk West, Mayor
ATTEST: Isl Evelyn Gaffga
City Secretary
BEFORE ME, the undersigned a Notary Public in and for said County
and State, on this day personally appeared Isl Frederic R. Condert
known to me to be the person and officer whose name is subcribed to
the foregoing instrument, and acknowledged to me that the same was
the act of the said MSW PROPERTIES INC., a Delaware 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 the 7th day, of Februai
/s/ Ann Bushong
Notary Public in and for New York
County, New York
(Seal)
My commission expires: March 30, 19
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned a Notary Public in and for said County
and State, on this day personally appeared DIRK WEST, Mayor of the
City of Lubbock, Texas, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that
be executed the same as the act and deed of said City of Lubbock,
Texas, for the purposes and consideration therein expressed, and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 7th day of
February, 1980.
(Seal)
Isl Ranette Boyd
Notary Public in and for Lubbock
County, Texas
My, Commission expires: 5/20/80
80-39-122-176 Request of Pat Strong to install a propane gas tank at Lakeridge
(51) Country Club.
The Lakeridge Golf Course, located at 98th Street and Quaker, requests
permission to install a 500-gallon propane system for the purpose of
heating their shop; the container will serve two heaters, and is
necessary because the nearest natural gas line is 1/2 mile away. The
Fire Marshal has surveyed the situation and recommends that the request
be approved subject to the following conditions:
1. The Railroad Commission LPG Division approves the
installation.
2. Installation is protected from damage by proper
barriers.
3. When natural gas becomes available, the LPG installation
will be removed.
The motion was made by Councilwoman Jordan, seconded by Councilman
McAlister to approve the request as stated above, subject to the
conditions as itemized. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
123
80-39-123-177 Glaim.a,gainst,the City.
(52)
Claim No. 79-C-351 William M. Pearson --property damage
$35.00
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry
to DENY the above referenced claim. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
80-39-123-178 Consider Bid #5679 for aerial lifts (Electric Distrib.).
(53)
Floyd Nesbitt, Director of Purchasing, reported that the low bidder (Utility
Equipment Company, Oklahoma City, Oklahoma) "did not comply totally with the
specifications, but the variance in the specifications quoted was such a small
amount, reflecting a savings of $5,228.37, and it was recommended by the Electric
Distribution Department."
80-39-123-179 Consider Bid #5690 for galvanized steel pipe (warehouse stock).
(54)
Low Bidder Anchor Steel & Supply,
Lubbock, Texas ($5,552.10)
80-39-123-180 Consider Bid #5691 for traffic sign post and blanks (warehouse stock).
(55)
Item 1 : Hall Sign & Post Company,
Bloomington, Indiana
Items 2-4, incl. : Vulcan Signs and Stamping, Inc.,
Foley, Alabama
80-39-123-181 Consider Bid #5674 for miscellaneous fire hydrants, valves & Sleeves (warehouse
(56) stock).
Items 1,2,3,4,5,6 : American Darling Valve Division,
Dallas, Texas
Items 7,10 : Western Industrial Supply,
Amarillo, Texas
Items 8,9
Jim Lane Company,
San Angelo, Texas
80-39-123-182 Consider Bid #5700 for miscellaneous electric items (warehouse stock).
(57)
Items 1,2,5,10 : Westinghouse Electric Supply Company,
Lubbock, Texas
Item 4 : Nunn Electric Supply Corporation,
Lubbock, Texas
Items 7,8,9 : Nelson Electric Supply Company,
Lubbock, Texas
Item 3 : General Electric Supply Company,
Lubbock, Texas
80-39-123-183 Consider Bid #5692 for stationary power cells (Electric Distrib.).
(58)
Low Bidder Nelson Electric Supply Company,
Lubbock, Texas ($9,019.20)
80-39-123-184 Consider Bid #5699 for self-propelled trenching machine (Airport).
(59)
Low Bidder Case Power & Equipment Company,
Lubbock, Texas ($7,100.00)
80-39-123-185 Consider Bid #5698 for self-propelled vibrating compactor (Airport).
(60)
Low Bidder Associated Supply Company,
Lubbock, Texas ($6,260.00)
80-39-123-186 Consider Bid #5703 for repair of bus benches (Transit Dept.).
(61)
Low Bidder South Plains Millworks,
Lubbock, Texas ($5,280.00)
124
80-39-124-187 Consider Bid #5661 for truck (Public Works Dept.).
(62)
Low Bidder South Plains International Truck Company,
Lubbock, Texas ($12,663.00)
80-39-124-188 Resolution No. 413
(63) Consider Bid #5693 for replacement of 24' by-pass line at SE Water Recl.amation
Plant, and authorize same (Engineering Dept.).
Low Bidder Panhandle Contruction Company,
Lubbock, Texas ($48,810.00
JWF: b s
RESOLUTION NO. 413
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor BE and he is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract to be
entered into by and between Panhandle Construction Company of
Lubbock, Texas, and said City for the construction for said City of
a 24" bypass line at the Southeast Water Reclamation Plant in the
City of Lubbock, Lubbock County, Texas. Said Panhandle Construction
Company was the lowest and best bidder on said contract.
PASSED by the Council this 14th day of February, 1980.
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Wilford D. Watson
Water Utilities Engineering
Department, City of Lubbock
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
80-39-124-189 Resolution No. 414
(64)
Consider Bid #5709 for 12 deep well turbine pumps and motors in
Sandhills Well Field, and authorize same (Engineering Dept.).
Low Bidder Irrigation Pumps and Power, Inc.,
Muleshoe, Texas ($99,502.00)
RESOLUTION NO. 414
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and he is hereby
authorized and directed to execute for and on behalf of said City a
Contract to be entered into by and between said City and Irrigation
Pump and Power, Inc. of Muleshoe, Texas, for the purchase by said
City from said corporation of twelve deep well turbine pumps and
125
FEB 1 /,, 98o
motors for the Sand Hills Well Field. Said Irrigation Pump and Power, Inc., was
the lowest and best bidder for said contract.
PASSED by the City Council this 14th day of February, 1980.
Isl Dirk West
77 DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
J Isl Wilford D. Watson
Water Utilities —, Engineering
Department, City of Lubbock
APPROVED AS TO FORM:
.1sl J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
80-39-125-190 Ordinance No. 8002
(65)
,An appropriation ordinance from Water Capital Project Fund for purchase of pumps
and motors for Sandhills Well Field (Bid #5709, above).
ORDINANCE NO. 8002
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 $ 105,472.00
For the following purpose:
ur ? ose-
Purchase and instal twelve deep well turbine pumps and motors for Sandhills Well
Field Project - Wells 207-218 Bid Price $99,502.00
Engineering & Contingencies $ 5,970.00
$ 105:0472.00
AND IT IS SO ORDERED
Passed by the Council on first reading this 14th day of February
1980.
Passed by the Council on second reading this day of
1980.
MAYOR
ATTEST:
CITY SECRETARY -TREASURER VERIFIED BY:
FINANCE OFFICER
APPROVED BY:Guy Wilson Water UtilitiE
HEAD OF DEPT. DEPT.
126
80-39-126-191 Consider Bid #5706 for hydromulch fertilizer (Parks & Rec. Dept.).
(66)
Low Bidder South West Hydro Mulchers,
Dallas, Texas ($8,460.00)
80-39-126-192 Resolution No. 415
(67)
Consider Bid #5625 for fuel dispensing system, and authorize same
(Garage).
Low Bidder E. J. Ward and Company, Inc.,
Arlington, Texas ($63,890.00)
DWR: cl
RESOLUTION NO. 415
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality 1
in Lubbock County, Texas, is desirous of obtaining a fuel dispensing
system, and
WHEREAS, the City of Lubbock is desirous of entering into an Agr
with E.J. Ward and Company, Inc., whereby such company would supply a
install such fuel dispensing system for the City of Lubbock, NOW THER
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 E.J. Ward and Company, Inc., and the City of Lubbock
for a fuel dispensing system 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, but such execution of the Agreement between
E.J. Ward and Company, Inc., and the City of Lubbock is hereby conditi
on the execution by E.J. Ward and Company of the Addendum to this Agre
to be made part of this Agreement, and attached herewith which shall b
spread upon the minutes of the Council and as spread upon the minutes
this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 14th day of February , 1980.
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Bill Payne
Bill Payne, Director of Administrative
Services
APPROVED AS TO FORM:
Isl David W. Reagan
David W. Reagan, Assistant City Attorney
Isl Dirk West
DIRK WEST, MAYOR
t
d
nt,
127
r
1
i
ADDENDUM
This addendum is part of for all purposes the Agreement between E.J. Ward
and Company, Inc., hereafter known as Contractor, and the City of Lubbock, Texas,
hereafter known as City, for providing and constructing a fuel dispensing system
by Contractor and the purchasing of such system by the City.
WHEREAS, the City is desirous of acquiring a fuel dispensing system as set
out in the Agreement between City and Contractor; and
WHEREAS, Contractor is desirous of providing such fuel dispensing system as
set out in the Agreement between the City and Contractor.
i
NOW, THEREFORE, it is mutually agreed as follows:
1
I.
i
As the performance of this Agreement involves construction work, Contractor
shall obtain all necessary permits, if any, before commencing the work requiring
such permits.
i
II.
i
Contractor shall indemnify and hold the City harmless from any and all
claims for loss, damage or injury to any person or property, corporation, un-
incorporated association or partnership, caused directly or indirectly by any act
or omission by Contractor, his employees or agents, including sub -contractors and
their employees or agents, in the performance of work or provision of services
under this Agreement or as an incident to its performance.
i
i
III.
i
Contractor shall indemnify and hold the City harmless from any and all
claims incurred in the performance of this Agreement, arising from the lawful
demands of sub -contractors, laborers, mechanics, materialmen, furnishers of
machinery, equipment and all other suppliers, including their agents and employees.
In the event any liens should attach to property of the City, Contractor shall
have them removed in five (5) days time, and at Contractors expense.
i
IV.
If Contractor fails in any manner to perform and carry out each and all of
the terms, covenants and conditions of the Contract, he shall be in default and
notice in writing shall be given him of such default by the City. If Contractor
fails to cure such default within such time as may be required by such notice,
City may at its option terminate and cancel the Contract, and, at the expense
of Contractor and his or its surety, complete the Contract, or cause the same to
be completed. In the event of such termination, all monies due Contractor under
the terms of the Contract shall be retained by City, but such retention shall not
release Contractor or his surety from liability for his default. In such event,
however, Contractor and his surety will be credited with the amount of money so
retained toward any amount by which the cost of completion of the Contract, as
above provided, exceeds the Contract price. Such termination shall not effect or
terminate any of the rights of the City as against Contractor or his surety then
existing, or which may thereafter accrue because of such default, and the foregoing
provision shall be in addition to all other rights and remedies available to City
under the law. The waiver of a breach of any term, covenant or condition hereof
shall not operate as a waiver of any subsequent breach of the same or any term,
covenant or condition hereof.
V.
It is hereby expressly agreed and understood that time is of the essence for
the performance of this Contract, and any failure by Contractor to meet the time
specification of this Agreement will cause Contractor to be in default of this
Agreement and entitle the City to proceed as provided in Paragraph IV.
VI.
It is agreed that this Contract and all rights of Contractor hereunder
shall, at the option of the City of Lubbock, terminate upon the Contractor being
by any Court adjudged bankrupt or insolvent, or upon the Contractor making an
assignment for the benefit of creditors.
VII.
The validity, interpretation and performance of the terms and conditions of
this addendum, as well as the terms and conditions of the Agreement between
Contractor and the City, shall be governed by the laws of the State of Texas.
VIII.
Contractor warrants that the specifications of the equipment, materials,
supplies and workmanship, as provided for in the Agreement between Contractor and
the City, will and always comply with the minimum requirements contained in
Contractors Bid Proposal Number 5625, dated January 14, 1980.
128
IX.
All applicable State of Texas laws and City of Lubbock Ordinances
applicable to this Contract shall apply to the Contract throughout,
and they will be deemed to be included in the Contract the same as
though herein written out in full.
X.
Performance of this Contract is to begin on the day of
, 19 and performance will be completed on the
day of , 19 . Nothing herein
shall be construed to prohibit Contractor from beginning performance
nor completing performance prior to the dates herein specified.
THE CITY OF LUBBOCK
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Bill Payne
Bill Payne, Director of Administrative
Services
APPROVED AS TO FORM:
Isl David W. Reagan
David W. Reagan, Assistant City Attorney
E. J. WARD & CO., INC.
/s/
JOHN K. FEATHERSTON, VICE
MARKETING
ATTEST:
/s/
Corporate Secretary
*NOTE: Additional material is filed with the Original Resolution
No. 415.
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
to approve Bid Nos. 5679, 5690, 5691, 5674, 5700, 5692, 5699, 5698,
5703, 5661, 5693, 5709, 5706, 5625; to pass Resolution No. 413,
which is related to Bid No. 5693; to pass Resolution No. 414, which
is related to Bid No. 5709; to pass Resolution No. 415, which is
related to Bid No. 5625; and to pass Ordinance No. 8002 on first
reading, said ordinance providing funds for Bid No. 5709, above.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay.
80-39-128-193 Consider one appointment to the CIVIL SERVICE COMMISSION. The term
(68) of Max Addison expired 1/29/80. (Term: 3 years).
Max Addison 3007 - 23rd 795-0958
1500 Broadway 762-5281
reappointed for a 3-year term, expiring 1/29/83
80-39-128-194 Consider two appointments to the CITY HEALTH BOARD. The terms of
(69) Dr. H. L. Green and Dr. Ray Santos expire 2/21/80. (Term: 3
years).
Dr. Ray Santos 4512 - llth 792-7807
3814 - 22nd Pl. 792-4743
reappointed for a 3-year term, expiring 2/21/83
Deann Sanders (Mrs. Mike) 3634 - 55th 792-5890
appointed for a 3-year term, expiring 2/21/83
SIDENT
ry
129
FEB 14 1980
F
80-39-129-195 Consider four appointments to the ZONING BOARD OF ADJUSTMENT . The terms of
(70) Barbara Sandlin (Mrs. Gerald), Bob Schreiner, David L. Nail expire 2/26/80; the
term of Alternate Member Chuck Lanehart also expires 2/26/80. (Term: 2 years).
Bob Schreiner 5519 - 35th 795-2817
1601 - 24th 762-0588
(YMCA)
reappointed for a 2-year term, expiring 2/26/82
David Nail 3211 - 43rd 792-0468
Box 4259 742-2192
Texas Tech Univ.
reappointed for a 2-year term, expiring 2/26/82
Chuck Lanehart 2402 - 22nd 799-1920
1220 Broadway 765-7372
Suite 1705
reappointed as an alternate for a 2-year term, expiring 2/26/82
Bill Maloy 6111 Lynnhaven Dr. 799-3060
formerly an alternate, appointed as a regular for a 2-year term,
expiring 2/26/82
Mary Mauldin 1919 - 34th, Apt. 35 747-1807
Briercroft Leasing, Inc.
appointed as an alternate for a 2-year term, expiring 2/26/82
80-39-129-196 Consider one appointment to the CITIZENS TRAFFIC COMMISSION to fill the unexpired
(71) term of Vic Vines, said term expiring 7-13-82.
Jim Lancaster 8010 Elkhart 794-5398
appointed to fill the unexpired term of Vic Vines, said term
expiring 7/13/82
80-39-129-197 Consider nine appointments to the COMPLETE COUNT COMMITTEE for the 1980 Census
(72) (see Agenda Item #37, page 105). Term of office expires 6-30-80.
Mrs. Darlene Buckberry 2629 -24th 744-6700
League of Women Voters
Dr. Steve Lenley 5228 - 29th 792-1478
Lubbock Christian College 792-3221
Dr. Glenn Barnett 4606 - 19th 792-6309
Texas Tech University 742-2121
Dr. E. C. Leslie
LISD
Gonzalo Garza
COMA
Peck McMinn
Chamber of Commerce
3430 - 61st 795-1042
747-2641
4535 - 60th 799-8838
3028 - 55th 799-4258
T. J. Patterson 2405 Globe 744-9714
Lubbock Digest/Texas Tech College of Business - Counselor
Bob Norris 4707 - 16th 799-8923
Lubbock Avalanche -Journal 762-8844
Bob McKinsey 3607 - 61st 792-6002
KCBD-TV 744-1414
Chairman: Mr. Bob McKinsey
Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to
approve the above board appointments. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
The Council recessed to hold Executive Session, previously announced.
130
LB 1 -. 1988
Following Executive Session the motion was made by Councilwoman
Jordan, seconded by Councilman McAlister to adjourn at 2:30 p.m.,
there being no further business. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
DIRK WEST, MAYOR
ATTEST:
c..
E elyn Gaffia, City Sec e r reasurer
READ AND APPROVED THIS THE 28th DAY OF February , 1980.
DIRK WEST, MAYOR
ATTEST:
E47elyn Gaff , City Secre easurer