HomeMy WebLinkAboutMinutes - City Council - Regular - 3/13/1980173
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CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
March 13, 1980
9:30 A.M.
The City Council of the City of Lubbock, Texas, met for its regular meeting on
Thursday, March 13, 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
M. J.-Aderton, Councilman Bill McAlister, City Manager Larry Cunningham, City Attorney
John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga.
Absent: None
0-39-173-252 The invocation was given by Jim Weston, Director of Community Facilities.
( 1)
0-39-173-253 The Pledge of Allegiance to the Flag was given by those present in the Council Chambers.
( 2)
0-39-173-254 Approval of Minutes,- Regular Meeting, February 28, 1980.
3)
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve
the above referenced minutes. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
0-39-173-255 Board Appointments
4)
None.
0-39-173-256 Proclamations
( 5)
The following proclamations were presented by various members of the Council:
"Employ the Older Worker Week" - March 9-15, 1980
Receiving: Edward S. Marlowe
"Girl Scout Week" - March 9-15, 1980
Receiving: Ms. Sharon Washburn
Mrs. Carol Swain
"Beard Growing Time" - March 26-29, 1980
Receiving: Mike McCaslin
"White Cane Day" - April 12, 1980
Receiving: Jere Smith
"Future Homemakers of America Week" - March 23-28, 1980
Receiving: Karla Brown
Anne Herzer
Elizabeth Winters
Mandy West Gonzales
"Poison Prevention Week" - March 16-22, 1980
Receiving: Amy Taylor
0-39-173-257 Airman of the Month
6)
AIC Paul V. J. Drechsel, Month of January, 1980
174
80-39-174-258 Phil Hoel, Chairman of the Parks and Recreation Board, to appear to present the
( 7) following items:
a. Consider revision of tennis center rates.
Mr. Phil Hoel, Chairman of the Parks and Recreation Board,
appeared and made the recommendation that the Municipal
Tennis Center rates be revised upward for the reason that
the operating expenses exceeded the revenues by $17,480.
The facility opened in May, 1977. The proposed rate increases
are:
Court Fees
Current Proposed
Weekdays (per person for
1 1/2 hours)
Singles $1.00 $1.25
Doubles .75 1.00
Weekends, Holidays, Evenings
Singles 1.50 1.75
Doubles 1.00 1.25
Memberships (Annual)
Family $75.00 $100.00
Individual 50.00 65.00
Junior 25.00 30.00
The effective date for the new rates, if approved, would be
April 1, 1980.
In response to Council query regarding 6-month membership for
people based at Reese Air Force Base or at Tech, John Alford,
Chairman of the Parks and Recreation Department, responded
that this had been given previous consideration, but it was
their observation that the courts were in great use during
the spring -summer -fall months, yet the maintenance cost continued
throughout the winter months without the benefit of the revenue.
As a result, the Board has never approved a membership less
than the annual basis. Councilman McAlister queried whether
or not the proposed rates would be reviewed at the end of
six months for the purpose of considering an additional rate
increase, to which Mr. Hoel responded affirmatively. In
response to Councilman Aderton's query about the volume of
play at the tennis courts, the response was that the swing to
tennis is decreasing, there being some five million active
tennis players less than the previous years.
The motion was made by Councilwoman Jordan, seconded by Mayor
Pro Tem Henry that they accept the recommendation of the Parks
and Recreation Board, and implement the proposed rate increase.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
Councilwoman Jordan did request that the Board consider member-
ships for Reese Air Force Base and Texas Tech personnel at a
reduced rate.
b. Consider proposal for playground for the handicapped.
The Southwest Rotary Club presented to the Parks and Recreation
Board a Community Service project, whereby a playground for
handicapped children be constructed just west of the Landwer
House in the Buddy Holly area of the Yellowhouse Canyon Lakes;
that a landscape architecture class at Texas Tech devote an
entire semester to the design of the facility; that a total
cost estimate of $132,550.69, of which $20,000 is already raised,
and the balance in the sum of $132,550 is expected to be pledged
within the next 6 to 8 weeks, said pledges being assigned through
a local bank in order for the total funds to be available
before the project is commenced; that the City be responsible for
overseeing the construction of the project and furnish utility
hookups and some dirt work, estimated to be in the amount of
of $2,000. The Parks and Recreation Board recommends that this
item be approved.
c. Consider recommendation regarding architectural and engineering
services for the new senior citizens center.
175
The Parks and Recreation Board recommended that the personnel
in the Department handle the design remodeling of the Godeke
Branch Library, presently designated as the new Senior Citizens
Center, thus eliminating the need for hiring an engineer or
architect for the services. In the event the remodeling would
require some professional architectural services, that the
services be contracted for on an hourly basis. Mr. Hoel
indicated that a committee from the Senior Citizens Organization
was working with them as to the utility features within the
facilities.
The motion was made by Councilman McAlister, seconded by Council-
man Aderton to accept the recommendations (b and c), above, of the
Parks and Recreation Board, approving the construction of a play-
ground for the handicapped, and others, in conjunction with
the Southwest Rotary Club; and, to approve the remodeling and reno-
vation of the Godeke Branch Library into a Senior Citizens Center
utilizing personnel from the Parks and Recreation Department;
additionally, in the event architectural services are needed,
that such billings be on contractual hourly basis. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
W-39-175-259 Jerry Kolander to appear concerning the proposed Lubbock Industrial Development Corporation,
8)
a. To present application for creation of the Lubbock Industrial
Development Corporation;
b. Resolution No. 444
A resolution authorizing the creation of the Lubbock Industrial
Development Corporation.
In 1979 the Texas Legislature approved an Act which enables cities
and counties to set up non-profit corporations which would issue
bonds to attract industry to their communities. The bonds are
in the form of tax exempt bonds and are used to finance industrial
plants, equipment or new facilities, which in turn would create
new jobs and the retention of existing jobs. The advantages of
industrial revenue bonds have been discussed for many years by
the Chamber of Commerce, and after reviewing the Act passed in
1979, it is the opinion of the City Attorney, Bond Council and
Financial Advisors to issue revenue bonds for these purposes
would not affect the borrowing credit of the City, and the City
would not be liable in the event of default.
The procedures are that three qualified electors of a governmental
entity file with the governing body a written application requesting
authorization and creation of such a corporation.
Mr. Jerry Kolander, Attorney, appeared before the Council on
behalf of the Lubbock Industrial Development Corporation. Also
present was Mr. George Miller who was one of the incorporators
of the Corporation. These gentlemen presented to the Council
the application for the creation of said Corporation for the
promotion of Industrial Manufacturing Industries. They indicated
that the Corporation is to be managed by a Board of Directors
composed in its entirety of appointees by the City Council;
the appointees can be removed by the Council at its desire;
the appointees are to serve without compensation; that any
obligation incurred by the Corporation in the issuance of the
bonds is payable solely from the revenue of the Corporation;
that the City of Lubbock is not liable in any manner for the
obligations of the Corporation; that any excess revenues will
be payable to the City of Lubbock; upon dissolution of the
Corporation, any properties (real or monetary) will be trans-
ferred to the City of Lubbock. No more than $10,000,000 may
be sold for any one project.
The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to accept the
application for creation of the Lubbock Industrial Development Corporation; and to pass
Resolution No. 444 creating the referenced Corporation. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
RESOLUTION AUTHORIZING THE CREATION OF THE
LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION,
AS AN INSTRUMENTALITY OF THE CITY OF LUBBOCK,
TEXAS, AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT
WHEREAS, the Development Corporation Act of 1979, 1979 Tex. Gen. Laws, Chapter 700,
Section 1, at 1675 (the "Act"), authorizes the creation and administration of industrial
176
development corporations to act on behalf of cities, counties and conservation
and reclamation districts in the promotion and development of commercial,
industrial and manufacturing enterprises to promote and encourage employment,
public health and the public welfare; and
WHEREAS, the Act authorizes cities, counties and conservation and reclamatio
districts to utilize an industrial development corporation to issue obligations
and bonds on behalf of the sponsoring city, county or conservation and reclamatio
district to finance projects promoting and developing commercial, industrial and
manufacturing enterprises; and
WHEREAS, three natural persons, each of whom is at least eighteen years of
age and a qualified elector of the City of Lubbock, Texas (the "Unit"), have
filed with the City Council (the "Governing Body") of the Unit a written
application (the "Petition") requesting that the Unit authorize and approve the
creation of LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION, (the "Corporation") and
approve the Articles of Incorporation and Bylaws to be used in creating the
Corporation and
WHEREAS, the Corporation has been or will be created and organized as a
Texas nonprofit corporation, pursuant to the provisions of the Act, for such
limited purposes; and
WHEREAS, the Governing Body of the Unit has reviewed and approved the
Petition and the Articles of Incorporation and Bylaws and has determined to
authorize and approve the creation of the Corporation, a not -for -profit entity,
as its constituted authority and instrumentality to accomplish the specific
public purpose of the promotion and development of commercial, industrial and
manufacturing enterprises to promote and encourage employment, public health
and the public welfare; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK TEXAS:
SECTION 1. That the Corporation is hereby authorized and approved for
creation as an industrial development corporation under the provisions of the Act.
SECTION 2. That the Corporation is hereby designated as the duly
constituted authority and instrumentality of the Unit (within the meaning of
those terms in the regulations of the Treasury and the rulings of the Internal
Revenue Service prescribed and promulgated pursuant to Section 103 of the Interna
Revenue Code of 1954, as amended) and shall be authorized to act on behalf of
the Unit for the specific public purpose of the promotion and development of
commercial, industrial and manufacturing enterprises to promote and encourage
employment, public health and the public welfare;but the Corporation is not inters
to be and shall not be a political subdivision or a political corporation within
the meaning of the Constitution and the laws of the State of Texas (the "State"!),
including without limitation Article III, Section 52 of the State Constitution,
and the Unit does not delegate to the Corporation any of its attributes of
sovereignty, including the power to tax, the power of eminent domain and the
police power.
SECTION 3. That the Corporation may, under the conditions set forth in this
Resolution, issue obligations on behalf of the Unit, acquire, lease, sell or cone
certain properties and make loans for the promotion and development of commercial,
industrial and manufacturing enterprises to promote and encourage employment,
public health and the public welfare. The Unit shall not lend its credit or
grant any public money or thing of value in aid of the Corporation. Furthermore,
obligations issued by the Corporation with the approval of the Unit shall be deeme
not to constitute a debt of the State, of the Unit or of any other political
corporation, subdivision of agency of the State or a pledge of the faith and
credit of any of them, but such obligations shall be payable solely from the
funds herein provided. The Corporation shall not be authorized to incur financia
obligations which cannot be paid from proceeds of the obligations or from
revenues realized from the lease or sale of a project or realized from a loan made
by the Corporation to finance, refinance in whole or in part a project. "Project"
shall mean the land, buildings, equipment, facilities and improvements (one or
more) found by the Board of Directors of the Corporation (the "Board of Directors"
to be required or suitable for the promotion of commercial or industrial developme
and expansion, and promotion of employment or for use by commercial, manufacturing
and industrial enterprises, irrespective of whether in existence or required to
be acquired or constructed after the making of such findings by the Board of Direc
SECTION 4. That the Articles of Incorporation of the Corporation and the
Bylaws of the Corporation, in the forms attached hereto, are hereby approved for
use and adoption of the Corporation; provided, however, that any amendments to
the Articles of Incorporation shall be subject to the further approval of the
Governing Body. The initial directors named in said Articles of Incorporation
shall be deemed to have been appointed, and are hereby appointed, as the initial
directors of said corporation by this governing body.
NJ
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SECTION 5. - That the Governing Body shall approve by written resolution any agreement
to issue bonds, including refunding bonds, adopted by the Corporation, which agreement
and resolution shall set out the amount and purpose of the bonds. Furthermore, no issue
of bonds, including refunding bonds, shall be sold and delivered by the Corporation without
a written resolution of the Governing Body adopted no more than 60 days prior to the date of
the sale of the bonds specifically approving the resolution of the Corporation providing for
the issuance of the bonds.
SECTION 6. That, upon dissolution of the Corporation, the Unit shall accept title to
or other interests in any real or personal property owned by the Corporation at such time.
SECTION 7. That this Resolution is adopted for the purpose of satisfying the conditions
and requirements of the Act and of Section 103 of the Internal Revenue Code of 1954, as amended,
and the regulations prescribed thereunder from time to time and for the benefit of the
Corporation, the Unit, the owner or holders from time to time of the obligations of the Corporat
and all other interested persons.
SECTION 8. That the Governing Body has considered evidence of the posting of notice of
this meeting and officially funds, determines, recites and declares that a sufficient written
notice of the date, hour, and place of this meeting and of the subject of this resolution was
posted on a bulletin board located at a place convenient to the public in the City Hall of the
Unit for at least 72 hours preceding the scheduled time of such meeting; and that such place
of posting was readily accessible to the general public at all times from such time of posting
until the scheduled time of such meeting; and that such meeting was open to the public as
required by law at all times during which the Resolution and the subject matter thereof was
discussed, considered and formally acted upon, all as required by the Open Meetings Act, Article
6252-17, Vernon's Texas Civil Statutes, as amended. The Governing Body further ratifies,
approves and confirms such written notice and the contents and posting thereof.
PASSED AND APPROVED this 13th day of March, 1980.
Isl Dirk West
Mayor, City of Lubbock, Texas
ATTEST:
/s/ Evelyn Gaffga
City Secretary, City of Lubbock,
Texas
*NOTE: Articles of Incorporation of Lubbock Industrial Development Corporation are attached
to the Original Resolution No. 444, entitled"Creation of Lubbock Ind. Dev. Corp -
Articles of Incorp/By-Laws." Also, Application for Creation of Lubbock Industrial
Development Corporation is attached to Resolution.
39-177-260 Ordinance No. 8012
( 9)
An appropriation ordinance from Water Capital Project Fund for additional well development
in the Sandhills Well Field.
ORDINANCE NO. 8012
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 $5,160.00
For the following purpose: Additional well drilling and developing in Sandhills Well
Field, wells 209-218.
AND IT IS SO ORDERED
Passed by the Council on first reading this 28th day of February 1980.
Passed by the Council on second reading this 13th day of March 1980.
ATTEST:
Isl Evelyn Gaffga
CITY SECRETARY -TREASURER
/s/ Dirk West
MAYOR
VERIFIED BY: Isl J. Robert Massengale
FINANCE OFFICER
APPROVED BY: /s/ Wilford D. Watson Water Util._
HEAD OF DEPT. DEPT.
HE
80-39-178-261 Ordinance No. 8004 -.Zone Case No. 2272
(10)
Request of Billy Meeks to change a tract of land out of Section 4, Block E-2, Ci
of Lubbock, Lubbock County, Texas, from R-1 to C-2 Zoning District (located at
5201 - 4th St.)
ORDINANCE NO. 8004
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. 2272; CHANGE A
TRACT OF LAND OUT OF SECTION 4, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,'I
FROM R-1 TO C-2 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)
80-39-178-262 Ordinance No. 8005 - Zone Case No. 2273
(11)
Request of R. Preston Shaw to change Lot 7, and the east 7' of Lot 8, Block 2,
Ridgelawn Addition, City of Lubbock, Lubbock County, Texas, from R-1 to AM
Zoning District (located at 3515 - 22nd Street). ORDINANCE NO. 8005
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. 2273; CHANGE
LOT 7 AND THE EAST SEVEN FEET OF LOT 8, BLOCK 2, RIDGELAWN ADDITION, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO AM DISTRICT; PROVIDING FOR A PENALTY
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)
80-39-178-263 Ordinance No. 8006 - Zone Case No. 2274
(12)
Request of Jack McQueen to change a tract of land out of Section 44, Block A-K,
City of Lubbock, Lubbock County, Texas, from R-1 to A-1 Zoning District (located
at 2408 - Frankford Avenue).
ORDINANCE NO. 8006
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. 2274; CHANGE
TRACT OF LAND OUT OF SECTION 44, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEX
FROM R-1 TO A-1 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)
80-39-178-264 Ordinance No. 8007 - Zone Case No. 1153-G
(13)
Request of E. Reuel Nash to change a tract of land out of Section 6, Block E-2,
City of Lubbock, Lubbock County, Texas, from A-2 to C-3 Specific Use, Section
22.3-23 (located at 5321 Brownfield Road).
ORDINANCE NO. 8007
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. 1153-G CHANGE
A TRACT OF LAND OUT OF SECTION 6, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS FROM A-2 TO C-3 DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT
THEREON; 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)
80-39-178-265 Ordinance No. 8008 - Zone Case No. 2270
(14)
Request of John F. Hurley to change Lot 7, Block 3, Clutter Addition, City of
Lubbock, Lubbock County, Texas, from C-4 to M-1 Zoning District (located at 2224
E. 47th St.).
ORDINANCE NO. 8008
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. 2270; CHANGE
LOT 7, BLOCK 3, CLUTTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C
TO M-1 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)
80-39-178-266 Ordinance No. 8009 - Zone Case No. 2114
(15)
Request of Stanley F. Smith to change part of Tract 4, Block 1, H. W. Stanton
Subdivision of Ithica Addition, City of Lubbock, Lubbock County, Texas, to amend
the site plan (located at 3401 - 22nd Place).
179
M ��
ORDINANCE NO. 8009
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK:I
ZONE CASE NO. 2114, AMENDING THE SITE PLAN FOR PART OF TRACT 4, BLOCK 1, H. W. STANTON SUBDIVISION
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; 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)
The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Ordinance
Nos. 8012, 8004, 8005, 8006, 8007, 8008, and 8009 on second and final reading. Motion carried:
Mayor West, Mayor Pro Tem. Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
30-39-179-267 Ordinance No. 7908
(16)
An ordinance abandoning and closing the following portions of street: A portion of 32nd Street,
which lies adjacent and abuts the East ROW line of Avenue A, and abuts the South side of Lot 1,
Block 91, Wheelock 2nd Addition, to the City of Lubbock,Lubbock County, Texas.
JWF;hw
ORDINANCE NO. 7908
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: A PORTION OF 32ND
STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE
BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF
LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
W-39-179-268 Resolution No. 431
(17) —
A resolution authorizing the Mayor to execute a Quit Claim Deed in favor of Plains Cooperative
Oil Mill, Inc. (tied to Ord. #7908, above).
JWF:hw
RESOLUTION NO. 431
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 Quit Claim Deed in favor of Plains Cooperative Oil
Mill, Inc., attached herewith which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by the City Council this 13th day of March
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
1980.
M
9M
, 9 1980
QUITCLAIM DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock,
State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00)
DOLLAR and other good and valuable consideration to it in hand paid by PLAINS
COOPERATIVE OIL MILL, INC., hereinafter called "GRANTEE," the receipt of which
is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE
AND FOREVER QUIT CLAIM unto the said GRANTEE, all of its right title and interest
in and to that certain tract or parcel of land lying and being situated in the
County of Lubbock, State of Texas, described as follows, to -wit:
That portion of 32nd Street in the City of Lubbock, Lubbock County,
Texas, which lies adjacent to and abuts the east right of way line
of Avenue "A" and which lies adjacent to and abuts the South side
of Lot 1, Block 91, Wheelock's 2nd Addition to the City of Lubbock,
Lubbock County, Texas.
TO HAVE AND TO HOLD the same premises together with all and singular the
rights, privileges and appurtenances thereto in any manner belonging unto the
said GRANTEE, its successors and assigns forever, so that neither the GRANTOR,
City of Lubbock, its successors or assigns, nor any persons claiming under it
shall at any time hereinafter have, claim or demand any right to the title to
the aforesaid premises or appurtenances or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS, this
March , 1980.
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
R�11 I �1.1 �6 �014
Isl J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
13th
/s/ Dirk West
DIRK WEST, MAYOR
day of
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared DIRK WEST, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to
me that he executed the same as the act and deed of the CITY OF LUBBOCK and as
MAYOR, for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th
day of March , 1980.
/s/ Jackie Suter
Notary Public, Lubbock County, Texas
The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to
pass Ordinance No. 7908 on second and final reading, and to pass Resolution No.
431 executing a Quit Claim Deed in favor of Plains Cooperative Oil Mill, Inc.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
181
MAR 1 3 19
0-39-181-269 Ordinance No. 7909
(18)
An ordinance abandoning and closing a portion of 33rd Street lying between Cedar and Elm
Avenues; also abandoning a portion of drainage easement, to the City of Lubbock, Lubbock
County, Texas.
JWF:cl
ORDINANCE NO. 7909
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: 33RD STREET LYING
BETWEEN CEDAR AND ELM AVENUES; AND ALSO ABANDONING DRAINAGE EASEMENT PORTION OF A DRAINAGE AND
UTILITY EASEMENT IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED
IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE
CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET AND DRAINAGE
EASEMENT, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
39-181-270 Resolution No. 432
(19)
A resolution authorizing the Mayor to execute,a Quit Claim Deed in favor of R. H. Fulton,
Plains Cooperative Oil Mill, Inc., David L. Standlee and Southwestern Public Service Company
(related to Ord. No. 7909, above). T
JWF:cl
RESOLUTION NO. 432
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 Quit Claim Deed in favor of R.H. Fulton, Plains
Cooperative Oil Mill, Inc., David L. Standlee, and Southwestern Public Service Company, attached
herewith which shall be spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 13th day of March ,1980.
/s/ Dirk West
DIRK WEST, MAYOR
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right of Way Agent
/s/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
QUITCLAIM DEED
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of
Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS and other good
and valuable consideration to it in hand paid by the respective GRANTEES as hereinafter stated,
the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM,
RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEES, all its right title and interest in and
to that certain interests of said City as hereinafter described to the respective GRANTEES as
hereinafter indicated as to tracts or parcels of land lying and being situated in the County
of Lubbock, State of Texas, described as follows, to -wit:
up
Unto Plains Cooperative Oil Mill, Inc., there is hereby abandoned, disclaimed, released,
and forever quitclaimed only the following:
That portion of drainage easement for drainage purposes contained
in a Drainage and Utility Easement dated July 30, 1975 executed in
favor of the City of Lubbock by Belverd Needles, Belverd Needles, Jr.,
and Melinda J. Miller, and recorded in Volume 1433, Pages 87-89 (inclusive)
of the Deed Records of Lubbock County, Texas, same being incorporated
182
i - 1920
herein for all lawful purposes as if fully copied herein in detail
in this place, said drainage easement portion of said instrument is
hereby so abandoned, disclaimed, released, and quit claimed provided
however, that the utility easement portion of said instrument for all
type utilities as set forth therein is hereby specifically retained
by the City of Lubbock on behalf of all such utilities, and said utility
easement portion of said instrument is not in any manner abandoned,
disclaimed, released, or quitclaimed by this Quitclaim Deed.
II.
The following four respective tracts which comprise and constitute a part
of a portion of 33rd Street which lies between Cedar and Elm Avenues in the
City of Lubbock, Lubbock County, Texas, are respectively abandoned, disclaimed,
released and forever quitclaimed by said City of Lubbock unto the respective
GRANTEES as respectively set forth below:
A. Unto GRANTEE Plains Cooperative Oil Mill, Inc. the following de-
scribed portion of 33rd Street:
BEGINNING at a point in the South line of Lot 1, Plains Cooperative
Oil Mill Addition to the City of Lubbock, Lubbock County, Texas,
which is 101.8 feet West of the Southeast corner of said Lot 1;
THENCE West a distance of 548.2 feet;
THENCE South a distance of 25.00 feet;
THENCE East a distance of 548.2 feet;
THENCE North a distance of 25.00 feet to the PLACE OF BEGINNING.
B. Unto GRANTEE R.H. Fulton the following portion of 33rd Street:
BEGINNING at the Northwest corner of Lot 1, Block 93, Wheelocks
2nd Addition to the City of Lubbock, Lubbock County, Texas;
THENCE East a distance of 112.5 feet to the Northeast corner of
said Lot 1;
THENCE North a distance of 25.00 feet;
THENCE West a distance of 112.5 feet;
THENCE South a distance of 25.00 feet to the PLACE OF BEGINNING.
C. Unto GRANTEE David L. Standlee the following described portion of
33rd Street:
BEGINNING in the Northwest corner of Block 93, Wheelocks 2nd
Addition to the City of Lubbock, Lubbock County, Texas;
THENCE East, along the North line of said Block 93, a distance
of 537.5 feet;
THENCE North a distance of 25.00 feet;
THENCE West a distance of 537.5 feet;
THENCE South a distance of 25.00 feet to the PLACE OF BEGINNING.
D. Unto GRANTEE Southwestern Public Service Company the following
described portion of 33rd Street:
BEGINNING in the Southeast corner of Block 88, Wheelocks 2nd
Addition to the City of Lubbock, Lubbock County, Texas;
THENCE South a distance of 25.00 feet;
THENCE West a distance of 101.8 feet;
THENCE North a distance of 25.00 feet;
THENCE East a distance of 101.8 feet to the PLACE OF BEGINNING.
TO HAVE AND TO HOLD the same premises together with all and singular the
rights, privileges and appurtenances thereto in any manner belonging unto the
said respective GRANTEES the respective interests as hereinabove indicated,
their respective heirs, successors and assigns forever, so that neither the
Im
GRANTOR, City of Lubbock, its successors or assigns, nor any persons claiming under it shall
at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises
or appurtenances or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this 13
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
day of
/s/ Dirk West
DIRK WEST, MAYOR
March , 1980.
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on
this day personally appeared DIRK WEST, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the same as the act and
deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th day of March , 1980.
/s/ Jackie Suter
Notary Public, Lubbock County, Texas
The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Ordinance
No. 7909 on second and final reading, and to pass Resolution No. 432 authorizing a Quit Claim
Deed in favor of R. H. Fulton, Plains Cooperative Oil Mill, Inc., David L. Standlee, and
Southwestern Public Service Company. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
50-39-183-271 Ordinance No. 7976
(20)
An ordinance abandoning and closing a portion of an alley between 22nd Place and 24th Street,
and west of Indiana Avenue, to the City of Lubbock, Lubbock County, Texas.
JWF:bs ORDINANCE NO. 7976
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY:
A PORTION OF AN ALLEY BETWEEN 22ND PLACE AND 24TH STREET JUST WEST OF INDIANA AND A PORTION
OF WHICH IS IN ITHICA ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTIC
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP
OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN PORTION OF
ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
30-39-183-272 Resolution No. 433
(21)
A resolution authorizing the Mayor to execute.a Quit Claim Deed in favor of Max B. Caraway,
Richard C. Spikes, and Kevin G. McMahon (related to Ord. No. 7976, above)
JWF:bs
RESOLUTION NO. 433
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 Quit Claim Deed in favor of Max B. Caraway, Richard
C. Spikes, and Kevin G. McMahon, a copy of which is attached herewith which shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council shall constitute
184
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this-13th day of.
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK
March 1 1980.
/s/ Dirk West
DIRK WEST, MAYOR
QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of
Lubbock, State of Texas, for and in consideration of the sum of ONE AND N01100
($1.00) DOLLARS and other good and valuable consideration to it in hand paid by
Max Caraway, Richard C. Spikes, and Kevin G. McMahon, hereinafter collectively
called "GRANTEE", the receipt of which is hereby acknowledged, does hereby by
these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said
GRANTEE, all its right, title and interest in and to that certain tract or
parcel of land lying and being situated in the County of Lubbock, State of
Texas, described as follows, to -wit:
A portion of an alley between 22nd Place and 24th Street just west
of Indiana Avenue and a part of said portion is located in Ithica
Addition to the City of Lubbock, Lubbock County, Texas, said portion
being more particularly described as follows:
BEGINNING at a point which bears South 44.25 feet and East 5.0
feet from the Northwest corner of Lot 13, Ithica Addition;
THENCE West a distance of 20.00 feet;
THENCE North a distance of 223.75 feet;
THENCE East a distance of 20.00 feet;
THENCE South a distance of 223.75 feet to the
PLACE OF BEGINNING.
TO HAVE AND TO HOLD the same premises together with all and singular the
rights, privileges and appurtenances thereto in any manner belonging unto the
said GRANTEE, its successors and assigns forever, so that neither the GRANTOR,
City of Lubbock, its successors or assigns, nor any persons claiming under it
shall at any time hereinafter, have, claim or demand any right to the title to
the aforesaid premises or appurtenances or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this13th day of March
1980.
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Dirk West
DIRK WEST, MAYOR
Isl J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
185
MAR 13 1980
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on
this day personally appeared DIRK WEST, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the same as the act and
deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thisl3th day of March
1980.
/s/ Jackie Suter
Notary Public, Lubbock County, Texas
My commission expires: 4-13-81
The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to
pass Ordinance No. 7976 on second and final reading, and to pass Resolution No. 433 authorizing
a Quit Claim Deed to Max B. Caraway, Richard C. Spikes, and Kevin G. McMahon. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
30-39-185-273 Ordinance No. 8011
(22)
An ordinance abandoning and closing,a portion of 66th Street, to the City of Lubbock, Lubbock
County, Texas.
JWF:bs ORDINANCE NO. 8011
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET:
THE SOUTH 8 FEET OF A PORTION OF 66TH STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO
MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT
CERTAIN STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
-39-185-274 Resolution No. 434
(23)
A resolution authorizing the Mayor to execute a Quit Claim Deed in favor of Dewie V. Rothwell
(related to Ord. No. 8011, above).
JWF:bs RESOLUTION NO. 434
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 Quit Claim Deed in favor of Dewie V. Rothwell,
attached herewith which shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 13th day of March
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaff'ga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
Isl J. Worth Fullingim.
J. Worth Fullingim, Asst. City Attorney
QUITCLAIM DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of
Lubbock, State of Texas, for and in consideration of the sum of ONE AND N01100
($1.00) DOLLARS and other good and valuable consideration to it in hand paid
by DEWIE V. ROTHWELL of Lubbock County, Texas, hereinafter called "GRANTEE",
the receipt of which is hereby acknowledged, does hereby by these presents
ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all
its right title and interest in and to that certain tract or parcel of land
lying and being situated in the County of Lubbock, State of Texas, described
as follows, to -wit:
The South 8.00 feet of a portion of 66th Street, being more
particularly described as follows:
BEGINNING at a point which bears South a distance of 32.00
feet and West a distance of 1320.00 feet from the Northeast
corner of Section 29, Block A-K, Lubbock County, Texas;
THENCE West a distance of 892.41 feet;
THENCE South 00000'48" East a distance of 8.00 feet;
THENCE East a distance of 892.40 feet;
THENCE North 00000'53" East a distance of 8.00 feet
to the POINT OF BEGINNING.
TO HAVE AND TO HOLD the same premises together with all and singular the
rights, privileges and appurtenances thereto in any manner belonging unto the
said GRANTEE, his heirs and assigns forever, so that neither the GRANTOR, City
of Lubbock, its successors or assigns, nor any persons claiming under it shall
at any time hereinafter, have, claim or demand any right to the title to the
aforesaid premises or appurtenances or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this 13th day of March
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared DIRK WEST, known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same as the act and deed of the CITY OF LUBBOCK and
as MAYOR, for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th day of March - ,
1980.
Isl Jackie Suter
Notary Public, Lubbock County, Texas
My commission expires: 4-13-81
The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Ordinance
No. 8011 on second and final reading, and to pass Resolution No. 434 authorizing a Quit Claim
Deed to Dewie V. Rothwell. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
39-187=275 Ordinance No. 8013
(24)
39-187-276
(25)
39-187-277
(26)
30-39-187-278
(29)
An ordinance levying assessments for curb and gutter paving improvements on Slide Road from
82nd Street 98th Street (GWO 10,988).
ORDINANCE NO. 8013
ORDINANCE NO. 8013
G.W.O. 10,988
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING
A PORTION OF SLIDE ROAD FROM 82ND STREET TO 98TH STREET, SUCH PORTIONS BEING MORE PARTICULARLY
DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART
HEREOF AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE
CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS.
Ordinance No. 8014
An ordinance levying assessments for paving improvements on additions to the 1979 Paving
Program (GWO 10,976-A).
ORDINANCE NO. 8014
ORDINANCE NO. 8014
G.W.O. 10,976-A
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A
PORTION OF THE FOLLOWING EAST -WEST ALLEY LOCATED IN THE FOLLOWING BLOCK AND ADDITION: THE
EAST -WEST ALLEY ABUTTING LOTS 1 THROUGH 16, BLOCK 8, LAMAR HEIGHTS ADDITION: AND INCLUDING A
PORTION OF THE FOLLOWING STREETS: 64TH STREET, 65TH STREET, VICKSBURG AVENUE, YORK DRIVE, N.
AKRON AVENUE, N. RALEIGH, AND UTICA AVENUE, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN
THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND
PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK,
TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH
ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF, ALLOCATING
FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL.)
The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Ordinance
Nos. 8013 and 8014 on second reading. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
(The third and final reading on Ordinance Nos. 8013 and 8014 will be held at the Regular City
Council Meeting, March 27, 1980.)
Ordinance No. 8003
An ordinance consenting to the merger of Cox Cable Communications, Inc., d/b/a Lubbock Cable
TV and General Electric Company, consenting to assignment of franchise granted under Ordinance
#4627, as granted to Cox Cable Communications, Inc. in Ordinance #5917, to General Electric
Company, providing for acceptance by the new franchise holder.
This item was deleted from consideration at this time.
Ordinance No. 8016
A correction ordinance amending the legal description on Ordinance No. 7983, Zone Case No.
2261, changing R-1 to R-2.
This correction ordinance is to correct metes and bounds description on a tract of land which
was changed from R-1 to R-2 in the above referenced zone case. This ordinance will simply
define the metes and bounds description of the R-2 zone as approved by the Council on February
14, 1980.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said
ordinance on first reading. Motion carried: Mayor West, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council
Chambers. (no site plan submitted for filing in the City Secretary's Office
ORDINANCE NO. 8016
AN ORDINANCE CORRECTING ORDINANCE NO. 7983, BEING AN AMENDMENT TO ORDINANCE NO.
7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK, SO AS TO CORRECT THE METES AND BOUNDS
DESCRIPTION OF A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, WHICH WAS CHANGED FROM R-1 TO R-2 ZONE DISTRICT; PROVIDING FOR A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
it -IN
I " Asso
wti�R 1 0
80-39-188-279 Review the bids receivedhZ the Lubbock Housing Authority for the modification
(30) of eight units of public housing under the Fifth Year Community Development
Block Grant Program, and authorize contingency to cover over -runs.
This item was deleted from consideration until a later date.
80-39-188-280 Resolution No. 435
(31)
A resolution authorizing the Mayor to execute a contract for survey services.
At the February 14, 1980, City Council Meeting, the Council authorized $5,200
of the CDBG Program income to undertake a baseline survey of Detroit Avenue
from 3rd Street to Clovis Highway. According to the Comprehensive Plan, Detroit
Avenue has been designated as a collector street and will eventually be widened.
This survey, not to exceed $5,200, will include 32 tracts of land on the west
side of Detroit. The Engineering Department will coordinate and supervise the
survey.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to
pass Resolution No. 435. Motion carried: Mayor West, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem
Henry absent from Council Chambers.
RESOLUTION NO. 435
WHEREAS, the City proposes to enter into certain community development
work within the City of Lubbock under the Housing and Community Development act
of 1974, and as funded through the Department of Housing and Urban Development
of the United States; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a contract with
Hugo Reed and Associates, Land Surveyors, for survey services 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 City Council this 13th day of March 1980.
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Vicki Foster
Vicki Foster, Community Development Coordinator
APPROVED AS TO FORM:
Isl W. M. McKamie
W. M. McKamie, Assistant City Attorney
CONTRACT FOR
SURVEY SERVICES
LUBBOCK COMMUNITY DEVELOPMENT PROGRAM
PART 1 - AGREEMENT
THIS AGREEMENT entered into as of this 13th day of March , 1980 , by
and between the City of Lubbock, State of Texas, hereinafter referred to as the
"City", and Hugo Reed and Associates, Land Surveyors, of the City of Lubbock,
State of Texas, hereinafter referred to as the "Contractor".
WITNESSETH:
WHEREAS, the City proposes to enter into certain community development
work within the City of Lubbock under the Housing and Community Development act
189 1
MAR i 'J 1980
of 1974, and as funded through the Department of Housing and Urban Development of the United
States.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Scope of Services. The Contractor shall perform all necessary services provided
under this contract in connection with the Lubbock Community Development Program and shall
do, perform and carry out in a satisfactory and proper manner as determined by the City, the
following:
A. Survey a "base line" in Detroit Avenue, as prescribed by the
Engineering Department of the City.
B. Survey all of the approximately 32 tracts on the West side of
Detroit Avenue.
C. Write descriptions for the tracts described in paragraph B
to the effect that said tracts may be purchased for right-of-way.
Exceptions: The services described in paragraphs A, B, and C
above shall not include any improvement surveys or measurements
on the properties described therein. Neither shall such service
include replatting of any of said properties.
2. Time of Performance. The Services of the Contractor shall commence on the date of
this executed agreement, and shall be undertaken in such sequence as to insure the expeditious
completion of the work set forth in the scope of services, above, in light of the purposes of
the contract in accordance with the work activity scheduled, but in any event, all services
required hereunder shall be completed within 120 consecutive calendar days from the date of
this executed agreement.
3. Compensation. It is expressly understood and agreed that in no event will the
total compensation to be paid hereunder exceed $5,200.00 for all services required under this
agreement.
4. Method of Payment. The City will pay an amount determined by the Contractor to the
Contractor, subject to paragraph 3 above, upon successful completion, of the services described
in this agreement.
5. Terms and Conditions. This agreement is subject to and incorporates the provisions
attached hereto as Part II - Terms and Conditions.
IN WITNESS WHEREOF, the City and the Contractor have executed this agreement as of the
date first above written.
CITY OF LUBBOCK
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Vicki Foster
Vicki Foster, Community Development Coordinator
APPROVED AS TO FORM:
/s/ W. M. McKamie
W. M. McKamie, Assistant City Attorney
CONTRACTOR
HUGO REED AND ASSOCIATES INC. LAND SURVEYORS
BY: /s/ Tommie E. Anderson
TITLE: President
ATTEST:
/s/ David R. Goyette
TITLE: Secretary
um
PART II - TERMS AND CONDITIONS
FUNDING AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Upon execution of the Funding Agreement of which this Part II - Terms and Con-
ditions is a part, the City of Lubbock through its Community Development
Department agrees to provide to the Grantee the Federal assistance under Title
I of the Housing and Community Development Act of 1974 (P.L. 93-383) as authorize(
by the Funding Approval identified therein, subject to the terms and conditions
of this Funding Agreement, applicable law, regulations and all other requirements
of the Department of Housing and Urban Development (HUD) now or hereafter in
effect. The Funding Agreement is effective with respect to such assistance as
of the date the Funding Agreement is executed and is subject to the HUD Community
Development Block Grant Regulations at 24 CFR Part 570 and the following
General Terms and Conditions:
1. Definitions:
Except to the extent modified or supplemented by this Funding Agreement,
any term defined in Title I of the Housing and Community Development Block
Grant Regulations at 24 CFR Part 570, shall have the same meaning when used
herein.
(a) Agreement means this Funding Agreement, as described above and
any amendments or supplements thereto.
(b) City means the City of Lubbock, Texas.
(c) Grantee means any City Department or division, the Urban Renewal
Agency, or any other department or agency which is designated
by the City to receive Community Development Block Grant funds
for the purpose of carrying out the Community Development Program.
(d) Assurances, when capitalized, means the certifications and
assurances submitted with grant applications pursuant to the
requirements of 24 CFR Part 570.
(e) Assistance provided under this Agreement means the grants and
any loans secured by loan guarantees provided under this
Agreement.
(f) Program means the Community Development program, project, or
other activities, including the administration thereof, with
respect to which assistance is being provided under this Agree-
ment.
2. "Section 3" Compliance in the Provision of Training Employment
and Business Opportunities:
This Agreement is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regu-
lations issued pursuant thereto at 24 CFR Part 135, and any applicable rules
and orders of HUD issued thereunder prior to the HUD authorization of the
Funding Approval.
The Grantee agrees that it shall be bound by, and shall cause or require
to be inserted in full in all contracts and subcontracts for work financed in
whole or in part with assistance provided under this Agreement, the Section 3
clause set forth below:
TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESSES
AND LOWER INCOME PERSONS IN CONNECTION WITH ASSISTED PROJECTS.
A. The work to be performed under this contract is on a project
assisted under a program providing direct Federal financial
assistance from the Department of Housing and Urban Development
and is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C.
1701u. Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given lower income
residents of the.ptoject area and contracts for work in connect-
ion with the project be awarded to business concerns which are
located in or owned in substantial part by persons residing in
the area of the project.
B. The parties to this contract will comply with the provisions of
said Section 3 and the regulations issued pursuant thereto by the
Secretary of Housing and Urban Development set forth in 24 CFR
135, (published in 38 Federal Register 29220, October 23, 1973),
all applicable rules and orders of the Department issued thereunder
prior to the execution of this contract. The parties to this
contract certify and agree that they are under no contractual or
other disability which would prevent them from complying with
these requirements.
191
MBA 1 1980
C. The contractor will develop and implement an affirmative action
plan for utilizing business concerns located within or owned in
substantial part by persons residing in the area of the project;
and making of a good faith effort, as defined by the regulations,
to provide training, employment, and business opportunities re-
quired by Section 3 of the Housing and Urban Development Act of
1968.
D. The contractor will send to each labor organization or represent-
ative of workers with which he has a collective bargaining agree-
ment or other contract or understanding, if any, a notice advising
the said labor organization or workers' representative of his
commitments under this Section 3 clause and shall post copies
of the notice in conspicuous places available to employees and
applicants for employment or training.
E. The contractor will include this Section 3 clause in every sub-
contract for work in connection with the project and will, at
the direction of the applicant for or recipient of Federal fin-
ancial assistance, take appropriate action pursuant to the sub-
contract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Develop-
ment, 24 CFR 135. The contractor will not subcontract with any
subcontractor where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR 135 and
will not let any subcontract unless the subcontractor has first
provided it with a preliminary statement of ability to comply with
the requirements of these regulations.
F. Compliance with the provisions of Section 3, the regulations set
forth in 24 CFR 135, and all applicable rules and orders of the
Department issued thereunder prior to the execution of the contract,
shall be a condition of the Federal financial assistance provided
to the project, binding upon the applicant or recipient for such
assistance, its successors, and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient, its contractors
and subcontractors, its successors, and assigns to those sanctions
specified by the grant or loan agreement or contract through which
Federal assistance is provided, and to such sanctions as are specified
by 24 CFR 135.
The Grantee shall provide such copies of 24 CFR Part 135 as may be necessary for the
information of parties to contracts required to contain the above Section 3 clause.
3. Flood Disaster Protection:
The agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 (P.L. 93-234). No portion of the assistance provided under this Agreement is approved
for acquisition or construction purposes as defined under Section 3(a) of said Act, for use
in an area identified by the Secretary as having special flood hazards which is located in a
community not then in compliance with the requirements for participation in the national
flood insurance program pursuant to Section 201(d) of said Act; and the use of any assistance
provided under this Agreement for such acquisition or construction in such identified areas
in communities then participating in the national flood insurance program shall be subject
to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act.
Any contract or agreement for the sale, lease, or other transfer of land acquired,
cleared or improved with assistance provided under this Agreement shall contain, if such
land is located in an area identified by the Secretary as having special flood hazards and
in which the sale of flood insurance has been made available under the National Flood Insurance
Act of 1968, as amended 42 U.S.C. 4001 et seq., provisions obligating the transferee and its
successors or assigns to obtain and maintain, during the ownership of such land, such flood
insurance as required with respect to financial assistance for acquisition or construction
purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions
shall be required notwithstanding the fact that the construction on such land is not itself
funded with assistance provided under this Agreement.
4. Equal Employment Opportunity:
(a) Activities and contracts not subject to Executive Order 11246, as amended. In
carrying out the program, the Grantee shall not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin. The Grantee shall
take affirmative action to insure that applicants for employment are employed, and the
employees are treated during their employment, without regard to their race, color, religion,
sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Grantee shall post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the Government setting for the
provisions of this nondiscrimination clause. The Grantee shall state that all qualified
applicants will receive consideration for employment without regard to race, color, religion,
sex, or national origin. The Grantee shall incorporate the foregoing requirements of this
paragraph (a) in all of its contracts for program work, except contracts governed by paragraph
(b) of this section, and will require all of its contractors for such work to incorporate
such requirements in all subcontracts for program work.
am
(b) Contracts subject to Executive Order 11246, as amended. Such contracts
shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR
Part 130 applicable to HUD assisted construction contracts.
The Grantee shall cause or require to be inserted in full in any nonexempt
contract and subcontract for construction work, or modification thereof, as
defined in said regulations, which is paid for in whole or in part with assist-
ance provided under this Agreement, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their
race, color, religion, sex, or national origin. Such action shall include,
but not be limited to, the following: Employment, upgrading,demotion, or
transfer, recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination
clause.
(2) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other contract
or understanding a notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representatives of the contractor's
commitment under this section and shall post copies of the notice in con-
spicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions to Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records and accounts by the City and by the Department of
Housing and Urban Development and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimi-
nation clauses of this contract or with any of such rules, regulations, or
orders, this contract may be canceled, terminated or suspended in whole or in
part and the contractor may be declared ineligible for further Government
contracts or federally assisted construction contract procedures authorized in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order
of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with
respect to any subcontract or purchase order as the Department may direct as a
means of enforcing such provisions, including sanctions for noncompliance;
provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the Department, the contractor may request the United States to
enter into such litigation to protect the interest of the United States.
The Grantee further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in federally assisted construction work; provided, that if the
Grantee so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or sub-
division of such government which does not participate in work on or under the
contract.
The Grantee agrees that it will assist and cooperate actively with the
City, HUD, and the Secretary of Labor in obtaining the compliance of contractors
and subcontractors with the equal opportunity clause and the rules, regulations,
and relevant orders of the Secretary of Labor; that it will furnish the City,
HUD, and the Secretary of Labor such information as they may require for the
supervision of such compliance; and that it will otherwise assist the City and
HUD in the discharge of HUD's primary responsibility for securing compliance.
193
MAR
The Grantee further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally
assisted construction contracts pursuant to the executive order and will carry out such
sanctions and penalties for violation of the equal opportunity clause as may be imposed upon
contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part
II, Sub -Part D of the executive order. In addition, the Grantee agrees that if it fails or
refuses to comply with these undertakings, the City or the Department of Housing and Urban
Development may take any or all of the following actions: Cancel, terminate, or suspend in
whole or in part the grant or loan guarantee; refrain from extending any further assistance
to the Grantee under the program with respect to which the failure or refusal occurred until
satisfactory assurance of future compliance has been received from such Grantee; and refer
the case to the Department of Justice for appropriate legal proceedings.
5. Lead -Based Paint Hazards:
The construction or rehabilitation of residential structures with assistance provided
under this Agreement is subject to the HUD Lead -Based Paint regulations, 24 CFR Part 35.
Any grants or loans made through the Grantee for the rehabilitation of residential structures
with assistance provided under this Agreement shall be made subject to the provisions for
the elimination of lead -based paint -hazards under subpart B of said regulations, and the
Grantee shall be responsible for the inspections and certificates required under Section
35.14(f) thereof.
6. Compliance with Air and Water Acts:
This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC
1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and
the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part
15, as amended from time to time.
In compliance with said regulations, the Grantee shall cause or require to be inserted
in full in all contracts and subcontracts with respect to any nonexempt transaction thereunder
funded with assistance provided under the Agreement, the following requirements:
(1) A stipulation by the contractor of subcontractors that any facility to be utilized
in the performance of any nonexempt contract or subcontract is not listed on the List of
Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR
15.20.
(2) Agreement by the contractor to comply with all the requirements of Section 114 of
the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution
Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports,
and information, as well as all other requirements specified in said Section 114 and Section
308, and all regulations and guidelines issued thereunder.
(3) A stipulation that as a condition for the award of the contract prompt notice will
be given of any notification received from the Director, Office of Federal Activities, EPA,
indicating that a facility utilized for the contract is under consideration to be listed on
the EPA List of Violating Facilities.
(4) Agreement by the contractor that he will include or cause to be included the
criteria and requirements in paragraphs (1) through (4) of this section in every nonexempt
subcontract and requiring that the contractor will take such action as the Government may
direct as a means of enforcing such provisions.
In no event shall any amount of the assistance provided under this Agreement be utilized
with respect to a facility which has given rise to a conviction under Section 113(c) (1) of
the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act.
7. Federal Labor Standards Provisions:
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight families, the Grantee and all contractors engaged under contracts in
excess of $2,000 for the construction, prosecution, completion or repair of any building or
work financed in whole or in part with assistance provided under this Agreement, shall
comply with HUD requirements pertaining to such contracts and the applicable requirements of
the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the
payment of wages and the ratio of apprnctices and trainees to journeymen; provided, that if
wages rates higher than those required under such regulations are imposed by state or local
law, nothing hereunder is intended to relieve the Grantee of its obligation, if any, to
require payment of the higher rates. The Grantee shall cause or require to be inserted in
full, in all such contracts subject to such regulations, provisions meeting the requirements
of 29 CFR 5.5 and, for contracts in excess of $10,000, 29 CFR 5a.3.
No award of the contracts covered under this section of the Agreement shall be made to
any contractor who is at the time ineligible under the provisions of any applicable regulations
of the Department of Labor to receive an award of such contract.
8. Nondiscrimination Under Title VI of the Civil Rights Act of 1964:
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of
1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under
194
MAR
24 CFR Part I. In the sale, lease, or other transfer of land acquired, cleared
or improved with assistance provided under this Agreement, the Grantee shall
cause or require a covenant running with the land to be inserted in the deed or
lease for such transfer, prohibiting discrimination upon the basis of race,
color, religion, sex, or national origin, in the sale, lease or rental, or in
the use or occupancy of such land or any improvements erected or to be erected
thereon, and providing that the City and the United States are beneficiaries of
and entitled to enforce such covenant. The Grantee, in undertaking its obligat
in carrying out the program assisted hereunder, agrees to take such measures as
are necessary to enforce such covenant and will not itself so discriminate.
9. Obligations of Grantee with Respect to Certain Third Party Relationshi
The Grantee shall remain fully obligated under the provisions of the
Agreement notwithstanding its designation of any third party or parties for the
undertaking of all or any part of the Program with respect to which assistance
is being provided under lawful requirements of the City necessary to insure
that the program with respect to which assistance is being provided under this
A I greement to the Grantee is carried out in accordance with the City's Assurances
and certificates including those with respect to the assumption of environmental
responsibilities of the City under Section 104(h) of the Housing and Community
Development Act of 1974.
10. Interest of Certain Federal Officials:
No member of or Delegate to the Congress of the United States, and no
Resident Commissioner, shall be admitted to any share or part of this Agreement
or to any benefit to arise from the same.
11. Interest of Members, Officers, or Employees of City, Members of
Local Governing Body, or Other Public Officials:
No member, officer, or employee of the City, or its designees or agents,
no member of the governing body of the locality in which the program is situated,
and no other public official of such locality or localities who exercise any
functions or responsibilities with respect to the program during his tenure or
for one year thereafter; shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed in
connecton with the program assisted under the Agreement. The Grantee shall
incorporate, or cause to be incorporated, in all such contracts or subcontracts
a provision prohibiting such interest pursuant to the purposes of this section.
12. Prohibition Against Payments of Bonus or Commission:
The assistance provided under this Agreement shall not be used in the
payment of any bonus or commission for the purpose of obtaining HUD approval of
applications for additional assistance, or any other approval or concurrence of
HUD required under this Agreement, Title I of the Housing and Community Developmel
Act of 1974 or HUD regulations with respect thereto; provided, however, that
reasonable fees or bona fide technical, consultant, managerial or other such
services, other than actual solicitation, are not hereby prohibited if otherwise
eligible as program costs.
80-39-194-281 Resolution No. 436
(32)
A resolution authorizing the Mayor to sign and amendment application and
contract for Capital Assistance Grant, under the Department of Transportation,
Urban Mass Transportation Act of 1964, as amended.
Mr. Bob Goyette appeared before the Council at Work Session at 9:00 a.m. prior
to the Regular Council Meeting and presented the elevations and actual presentati(
with regard to the referenced item. The Capital Assistance Grant will allow
the Transit Department to fund and accomplish the renovation of the old Ford
building to be used for maintenance and administrative offices for the Transit
Department. This renovation will include the reroofing of the building as
well as rearranging the interior and improving the facilities in general. The
grant will also provide funds to purchase additional items such as office
equipment and furniture, washing/cleaning equipment, shop tools, and a management
information system. The grant amendment will be in the amount of $85,100 with
the City's share of this being $5,957, to this sum being offset by transferring
of salaries of the Transit Coordinator and Transit Analyst to the Capital
Assistance Grant.
See minutes for the Work Session of March 13, 1980, for greater detail Mr.
Goyette's presentation.
The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to
pass Resolution No. 436 authorizing the amendment application to UMTA.
Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council
Chambers.
195
MAR 1 3 1980
RESOLUTION NO. 436
Resolution authorizing the filing of an application with the Department of Transportation,
United States of America, for Grant to assist in financing Transit Capital Acquisitions under
Section 5 of the Urban Mass Transportation Act of 1964, as amended, for amendment to the
Capital Grant Phase 1, for FY 1979-80, or TX-05-0039-01.
WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportatic
projects; and
WHEREAS, the contract for financial assistance will impose certain obligations upon the
applicant, including the provision by it of the local share of the project costs; and
WHEREAS, it is required by the U.S. Department of Transportation in accord with the
provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of
an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the
applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964
and the U.S. Department of Transportation requirements thereunder; and
WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to
the fullest extent possible in connection with this project, and that definitive procedures
shall be established and administered to ensure that minority businesses shall have the maximum
feasible opportunity to compete for contracts when procuring construction contracts, supplies,
equipment contract, or consultants and other services, NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the Mayor is authorized to execute and file an application
on behalf of the City of Lubbock with the U.S. Department of
Transportation, to aid in the financing of the construction
phase of the project.
2. That the Mayor is authorized to execute and file with such
application an assurance or any other document requirements
by the U.S. Department of Transportation effectuating the
purposes of Title VI of the Civil Rights Act of 1964.
3. That the City Transit Coordinator is authorized to furnish
such additional information as the U.S. Department of Trans-
portation may require in connection with the application or
the project.
4. That the Mayor is authorized to set forth and execute affirmative
minority business policies in connection with the projects pro-
curement needs.
5. That the Mayor of the City of Lubbock is authorized and directed
to execute all necessary contracts and documents required by
said grant upon its being approved and awarded to the City of
Lubbock under the Urban Mass Transportation Act of 1964, as
amended.
Passed by the City Council this 13th day of
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ John L. Wilson
John Wilson, Transit Coordinator
March , 1980.
Isl Dirk West
DIRK WEST, MAYOR
Isl Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
196
1
MAR I U 1980
80-39-196-282 Consider Change Order No. 2 to the Community Development Paving Project (CDWO
(33) 7819).
80-39-196-283
(35)
80-39-196-284
(35)
To complete the full -width paving of the last segment of North Quirt Avenue
from Parkway to Loop 289 (north), additional funds are required. This Change
Order No. #2 is for an additional 1,220 feet of paving on North Quirt Avenue
and is to be incorporated into the existing contract, the sum is estimated to
be $22,501.38. This makes the total contract, subsequent to Change Order #2,
to $781,449.61.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to approve the above referenced Change Order. Motion carried: Mayor West,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay; Mayor Pro Tem Henry absent from Council Chambers.
Resolution No. 437
A resolution authorizing the Mayor to execute a contract between the City Of
Lubbock and the Texas Department ofCommunityAffairs.
This item is to enter into a contract with the Texas Department of Community
Affairs in the sum of $1,800 to conduct a program of training and assistance
in weatherization for its weatherization workers. The program would include
training materials, workshops and on -site training from February 1, 1980,
through November 30, 1980.
DGV: cl
RESOLUTION NO. 437
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract between
the City of Lubbock and the Texas Department of Community Affairs for Training
and Technical Assistance for Weatherization Assistance for Low -Income Persons,
attached herewith which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day of March
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Peter Nuckolls
Peter Nuckolls, Administrative Assistant
Public Services
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, First Assistant City Attorney
*NOTE: Contract attached to Original Resolution No. 437.
Resolution No. 438
REM
A resolution authorizing the Mayor to execute an agreement with the Lubbock
Cultural Affairs Council for an architectural feasibility study.
At the February 14, 1980, Regular City Council Meeting, the Lubbock Cultural
Affairs Council's request for a $5,000 grant to be used for architectural
services in conducting a feasibility study for renovation of the old Sears
Building was approved, said structure being referred as the "Cultural Affairs
Center". This item authorizes an agreement with Cultural Affairs Council to
proceed with this architectural feasibility study.
MTA
1980
SMT:pc
RESOLUTION NO. 438
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 with the Lubbock Cultural Affairs
Council to provide a $5,000 grant for the preparation of a feasibility study regarding the
conversion of a building to a cultural affairs center attached herewith which shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day of
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
March 1980.
Isl Dirk West
DIRK WEST, MAYOR
Isl Jim Weston
Jim Weston, Director of Community Facilities
/s/ Susan M. Tom
Susan M. Tom, Assistant City Attorney
STATE OF TEXAS
COUNTY OF LUBBOCK
AGREEMENT
This agreement between the City of Lubbock, a Municipal Corporation, hereinafter referred
to as City, and the Lubbock Cultural Affairs Council, a Texas non-profit corporation, hereinaft
referred to as Council,
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 four percent of the consideration by a
hotel occupant; and
WHEREAS, Article 1269j-4.1 Vernon's Texas Civil Statutes, authorizes the City to utilize
revenues derived from the aforementioned tax for the encouragement, promotion, improvement,
and application of the arts, including music, dance, drama, folk art, creative writing,
architecture, design and allied fields, painting, sculpture, photography, graphic and craft
arts, motion pictures, television, radio, tape and sound recordings, and the arts related to
the presentation, performance, execution and exhibition of these major art forms, and
WHEREAS, Council is engaged in the promotion and support of the aforementioned art forms
in the City of Lubbock, and
WHEREAS, the City is desirous of encouraging projects which will allow the local citizenry
to have an opportunity to avail themselves of many of the art forms hereinabove mentioned;
NOW THEREFORE, the City and Council do hereby agree as follows:
I.
Council will contract for the services of an architectural consultant for the purpose of
preparing a feasibility study on the conversion of the former "Sears" Building located at
1625 13th Street, Lubbock, Texas, to a Cultural Affairs Center. Performance of said contract
is to be completed by September 30, 1980.
The City does hereby agree to appropriate monies derived from the hotel occupancy tax
authorized under Article 1269j-4.1 Vernon's Texas Civil Statutes, up to the amount of $5,000.00.
Said monies to be used by Council to cover the costs entailed in the feasibility study. Any
surplus shall be reimbursed to the City.
0M
t
mum ,-,,
After the Council has executed a contract with an architectural consultant
to perform the study contemplated herein, it may bill the City who will pay
the required fee upon receipt of a statement.
IV.
The City reserves the right to examine the Council's financial records
which relate to this project in order to verify the expenditures. No audit is
required.
V.
Council shall provide the City with a final copy of the feasibility study
report.
Executed this — 13th day of March ., 1980.
CITY OF LUBBOCK
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Jim Weston
Jim Weston, Director of Community Facilities
APPROVED AS TO FORM:
Isl Susan M. Tom
Susan M. Tom, Assistant City Attorney
LUBBOCK CULTURAL AFFAIRS COUNCIL
BY: Isl
Mrs. Jack Strong
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to approve Resolution Nos. 437 and 438, referenced above. Motion carried:
Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay; Mayor Pro Tem Henry absent from Council Chambers.
80-39-198-285 Resolution No. 439
(36)
Consider Change Order No. 2 for construction of Pump Station #10 and Reservoir.
This request provides for a non -freeze hose bib for irrigation purposes outside
of the pump station building and a report -back system from the pump station to
the central control room. These items were omitted from the original plan,
and the sum requested is $3,351.
The motion was made by Councilman Aderton, seconded by Councilwoman Jordan to
pass Resolution No. 439 approving Change Order No. 2, referenced above.
Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council
Chambers.
199
RESOLUTION NO. 439
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 Change Order No. 2 "to Pump Station No. 10 and
Reservoir" (contractor is C. B. Thompson Construction Co.), a copy of which is attached
herewith which shall be spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 13th day of March 1980.
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/.Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Guy Wilson
Guy Wilson, Utilities Engineer
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
CHANGE ORDER NUMBER TWO
Pump Station No. 10 and
Reservoir
City of Lubbock, Texas
TO: C. B. Thompson Construction Co.
P.O. Box 6456
Lubbock, Texas 79413
General description of work included in contract: Construction of ten million gallon
reservoir, pump station, piping and other related items.
Original Amount of Contract . . . . . . . . . . . . . . . $1,793,000
Change Order Number One . . . . . . . . . . . . . . . (Add) 5,752
Change Order Number Two . . . . . . . . . . . . . . . (Add) 3,351
Adjusted Contract Amount . . . . . . . . . . . $1,802,103
Adjustment in Construction Time . . . . . . . . None
WHEREAS, it is desirable to change the amount of the contract for this project.
THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage gained, the Owner
and the Contractor agree to the changes indicated below and further agree that the amount of
the contract shall be adjusted by the amount shown above:
Item
No. Description Cost
1. Provide a non -freeze hose bib, piping and $ 491
insulation as shown on attached Figure 1.
2. Addition of.a report back system between 2,860
Pump Station Number 10 and Dispatcher's
Office for the status of the valves and
pump motors
TOTAL $3,351
200
oA U
1 � AW
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their
hands this the 13th day of March, 1980.
Recommended: PARKHILL, SMITH & COOPER, INC., Consulting Engineers
By /s./.James R..Grean, Proj. Engineer, 2/19, 1980
Approved: C. B. THOMPSON CONSTRUCTION COMPANY, Contractor
By Isl C. B. Thompson, Pres., 2-21-80, 1980
Approved: CITY OF LUBBOCK, TEXAS, Owner
By Isl Dirk West, Mayor, March 13, 1980
Attest: Isl Evelyn Gaffga
City Secretary
80-39-200-286 Consider accepting sludge beds constructed at Southeast Reclamation Plant and
(37) authorize final payment.
The contractor overran the working period by 200 days due to weather, holidays
and other conditions. A letter was submitted to the Council from Contractor
W. D. Abbott and Company requesting that the penalty of $75 a day for 200 days
be decreased to one half that amount. Additionally, the contractor used a
better quality gravel than indicated in the original plan, for a total cost of
$4,001.25. Director of Water Utilities Sam Wahl indicated he felt that through
a careful audit 40 days could be deducted from the total of 200 days overrun,
thus resulting in a penalty based on 160 days at $75 per day for a total of
$12,000, said amount to be withheld from the total contract cost. He also
recommended that the contractor be reimbursed for the full amount for the
better grade of gravel used in this project.
Following the discussion, the motion was made by Councilman Aderton, seconded
by Councilwoman Jordan that the contractor's request to decrease the penalty
for the overrun in working days be rejected, approving the 160 days at $75 a
day for a total of $12,000, pursuant to the contract in effect; additionally,
that the contractor be reimbursed the total amount of $4,001.25 for the better
grade of gravel used in the project. Motion carried: Mayor West, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor
Pro Tem Henry absent from Council Chambers.
80-39-200-287 Ordinance No. 8017
(38)
An ordinance amending Chapter 34 of the Code of Ordinances with respect to Pro
Rata Ordinance No. 7625.
At the February 28, 1980, Regular City Council Work Session, the necessity for
revising the water and sewer pro rata ordinance was discussed and City Staff
was instructed to prepare same. This ordinance amends the previous water and
sewer pro rata ordinance in the following areas:
1. All meters installed after the enactment of this ordinance
shall be property of the City of Lubbock and will be maintained
by the City of Lubbock except for large meters used temporarily
for construction service. These will be maintained at the
contractor's fence. Under the old ordinance, the meters
larger than 1 1/4" remain the property of the customer, and
the customer was required to maintain these meters.
2. Revising the Pro Rata Rates per Front Foot --Present costs for
water pro rata is $5.30. We recently have had a large subdivi-
sion bid and on the basis of that bid, the units' prices
reflect that the front -foot rate for water should be approxi-
mately $6.11, in an ideal development. However, very few
subdivisions are so arranged. We're recommending this figure
of $6.75 per front foot for the pro rata. This will cover
the cost of service to new development and reduce the amount
of the City's participation on boundary mains. The per -front
cost for sanitary sewer is now $4.30 per front foot. We
had a very large increase in sewer construction cost, based on
recent bids in an ideal subdivision, and the cost per front -
foot is $5.91. We are recommending that the pro rata rate
be established at $6.50 per front foot for sewer service.
201
MAR 1 03 1980
0-39-201-288
(39)
3. This establishes that the City participation on oversized
lines will be limited to lines that are larger than 12".
4. This section was changed to reduce the period of time for
refunds from 15 years to 10 years. We feel this will encourage
the development of property closer within the area to existing
utilities. Another part of the refund section is that when
existing structures are connected, the temporary lines con-
structed by the developer of his total costs, refunds to develop
will be limited to 1/2 the amount of pro rata collected by
the City from the extensions to serve existing structures.
5. Changes are recommended for the current prices for installation
of various sizes of water and sewer lines. These are based
on competitive bids.
The effective date of these changes will be April 17, it being necessary to publish the
ordinance twice after the second and final reading. For a subdivider to qualify for the
existing rates for the development of his subdivision, the following procedure is required:
1. That a bonafide final plat be submitted to the Planning
Department for processing prior to the effective date of the
pro rata increase. .
2. That the engineering costs be paid before the effective date.
3. That full payment of the amount of the cost of the project
or contract and security be made within 60 days of the effective
date.
4. That the final plat be filed within the time limits set by the
subdivision regulations.
The motion was made by Councilman Aderton, seconded by Councilwoman Jordan to pass Ordinance
No. 8017 on first reading. Motion carried: Mayor West, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council
Chambers.
JWF/pg
ORDINANCE NO. 8017
AN ORDINANCE AMENDING ARTICLE I AND ARTICLE II OF CHAPTER 34 OF THE CODE OF ORDINANCES
BY AMENDING SECTION 34-19, THEREOF PROVIDING FOR REPAIR OF PRIVATE METERS; AMENDING SECTION
34-52 THEREOF PROVIDING FOR PRO-RATA CHARGES FOR WATER AND/OR SEWER SERVICE; AMENDING SECTION
34-58 PROVIDING FOR COST OF LARGE MAINS MAY BE PARTIALLY PAID BY CITY; AMENDING SECTION 34-63
PROVIDING FOR REFUNDS; AMENDING SECTION 34-65; PROVIDING FOR UNIT PRICES USED IN CALCULATING
COST OF EXTENSIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Resolution No. 442
Consider accepting water and sewer improvements in Lots 199-246, Meadowgreen Addition.
The motion was made by Councilman Aderton, seconded by Councilwoman Jordan to pass Resolution.
No. 442 accepting the referenced improvements. Motion carried: Mayor West, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry
absent from Council Chambers.
RESOLUTION NO. 442
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 199 THROUGH 246, MEADOW -
GREEN ADDITION.
WHEREAS, the developer of Lots 199 through 246, Meadowgreen Addition have complied with the
provision 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 is $29,344.47 with -the improvements con=
structed by Panhandle Construction Co. having a value of $21,111.32 as determined by the unit
prices established by said Chapter 34, and $8,233.15 cash paid to the City, with Kenneth Flagg,
the developer, to receive a refund of $249.66 in accordance with Chapter 34 of the Code of
the City of Lubbock, and,
WHEREAS, the construction of the said water and sewer improvements was performed under the
supervision of the City Engineer and completed in accordance with the City of Lubbock's plans
and specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
202
��N
1. That the improvements be and the same are hereby accepted as an integral
part of the water and sewer system of the City of Lubbock.
2. That the refundable cost in the amount of $249.66 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 13TH DAY OF MARCH, 1980.
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
Isl Wilford D. Watson
Wilford D. Watson, Chief
Water Utilities Engineer
80-39-202-289 Resolution No. 440
(40)
/s/ Dirk West
Dirk West, Mayor
APPROVED AS TO FORM:
s/ Donald G. Vandiver
Assistant City Attorney
A resolution authorizing the Mayor to sign the engineering contractforthe water
treatment plant expansion.
The proposed contract is for a joint venture with Freese and Nichols/Parkhill,
Smith and Cooper. The terminal storage reservoir and water treatment plant
expansion is the major item of improvement before the Post-Justiceburg Project.
The estimated cost is approximately $14,000,000 which includes the engineering
costs. Of this amount, roughly, $5.5 million is included in the proposed bond
sale; the other $8.5 million is unfinanced at this time. The terminal storage
reservoir will allow for storage of water from the Canadian River for the
winter months to be used for peak day purposes during the summer months. This
storage and treatment plant expansion will increase our peak- day capabilities
to 20,000,000 gallons per day. The engineering and related investigation of
the reservoir site is estimated at $708,000, with the engineering part of the
contract with the joint venture of $547,560. The work would be in phases with
the authorization to continue to be given before the work on a second phase is
initiated.
The motion was made by Councilman Aderton, seconded by Councilwoman Jordan to
pass Resolution No. 440. Motion carried: Mayor West, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem
Henry absent from Council Chambers.
RESOLUTION NO. 440
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 for
engineering services for the water treatment plant improvements with Freese &
Nichols/Parkhill, Smith and Cooper, A Joint Venture of Freese & Nichols, Inc.,
a copy of which is attached herewith which shall be spread upon the minutes of
the Council, and shall constitute and be a part of this Resolution as if fully
copies herein in detail.
PASSED by the City Council this 13th — day of March , 1980.
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City SecretaryTreasurer
APPROVED AS TO CONTENT:
Isl Guy Wilson
Water Utilities Administration
Isl Dirk West
DIRK WEST, MAYOR
APPROVED AS TO FORM:
Isl Susan M. Tom
Assistant City Attorney
203
80-39-203-290 Resolution No. 441
(41)
A resolution authorizing the Mayor to execute a Release of Water Pro Rata Lien to Alberto
Azua and wife.
Motion was made by Councilman Aderton, seconded by Councilwoman Jordan to pass Resolution No
441 authorizing the release in favor of Alberto Azua and wife. Motion carried: Mayor West,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro
Tem Henry absent from Council Chambers.
RESOLUTION NO. 441
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 Release of a Contractual Lien for water pro rata
on Lot 4, Block 1, West Acres Addition for Alberto Azua and wife, Patricia Azua, a copy of
which is attached herewith which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by the City Council this 13th day of.
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Charles Northington
Charles Northington, Chief Accountant
APPROVED AS TO FORM:
/s/ Susan M. Tom
Susan M. Tom, Asst. City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
March ,1980.
/s/ Dirk West
DIRK WEST, MAYOR
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, on the 23rd day of January, A.D., 1978 ALBERTO AZUA AND WIFE PATRICIA AZUA of
the County of LUBBOCK, State of Texas, did execute, acknowledge and deliver to the City of
Lubbock, Texas a certain contractual agreement and lien upon and against certain real property
and improvements, if any, thereon for WATER PRO RATA described as follows, to -wit:
LOT 4, BLOCK 1, WEST ACRES ADDITION
Which said agreement and lien is of record in Volume 168, on page 604 of the Mechanics Lien
Records of Lubbock County, Texas, to which instrument reference is here made; and
WHEREAS, said debt, lien and obligations secured thereby have been fully paid off and
satisfied to the said City of Lubbock, Texas, the legal and equitable holder and owner of such
debt, obligation and lien;
NOW THEREFORE:
In consideration of the premises of the payment of such debt and obligations, and other
good and valuable cash consideration, the receipt of which is hereby acknowledged, the City
of Lubbock, a HOme Rule Municipal Corporation of Lubbock County, Texas, has this day, and do
by these presents, RELEASE, DISCHARGE, nad QUIT CLAIM unto the said ALBERTO AZUA AND(WIFE)
PATRICIA AZUA and THEIR Heirs (successors) and assigns, the contractual lien heretofore existing
upon the above described premises under and by virtue of the above described instrument, and
WE
declare such lien fully released and cencelled.
EXECUTED this 13th day of March, 1980.
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga
City Secretary -Treasurer
THE STATE OF TEXAS
COUNTY OF LUBBOCK
THE CITY OF LUBBOCK, TEXAS
By: /s/ Dirk West
Dirk West, Mayor
APPROVED AS TO FORM:
Isl Susan M. Tom
Susan M. Tom
Assistant City Attorney
APPROVED:
Isl Charles NorthinL-ton
Charles Northington
Chief Accountant
Z
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock
County, Texas, on this day personally appeared Dirk West known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to
me that he executed the same for the purposes and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this-13th day of March, A.D., 1980.
(Seal)
80-39-204-291 Resolution No. 443
(42)
/s/ Jackie Suter
Notary Public, Lubbock County, Texas
A resolution authorizing the Mayor to execute a contract with Municipal Code
Corporation for recodific�ation of the Code of Ordinances (Rev. Sharing Funds).
The last recodification of the City Code took place in 1959, and since that
time there have been many changes in the state law and in courts' decisions
affecting our Code. The City Secretary and City Attorney have worked with
representatives from the Municipal Code Corporation, which is the company
which handles our City codes. The main provisions in the contract are:
1. Contract provides that the corporation under supervision
of the Attorney for the City will classify, edit and codify
the ordinances of a general or permanent nature, passed in
final form by the City.
2. Contract provides for analysis and editing by the Municipal
Code Corporation. Such services include the following:
a. Chapter arrangement
b. Catch lines
c. Historical notes
d. State Law (ordinances will be checked against corresponding
provisions of state general laws to be sure no conflicts
exist)
e. Appelate Court decisions (editors will review appelate
court decisions to be sure no conflict exists)
f. Footnotes and cross references will be prepared
g. The Code Corporation will make recommendations on obsolete
provisions which should be omitted from the codification.
3. They will review the Charter and edit and provide a codification
of this document, also.
4. Editorial conference --All editorial work will be performed in
the offices of the Corporation and upon completion of the
basic editorial research, a conference will be convened in
the City of Lubbock with the Attorney for the City and other
city officials concerned with the project. At this conference
the editors will make all changes and recommendations known
to the appropriate City officials and municipality will be
free to make any changes or alterations at this conference.
205
MAR I ")-' 1980
39-205-292
(43)
30-39-205-293
(44)
In addition, the contract provides for a post -conference work, notice of completion of editorial
work, proofs to be submitted to the City, advance copies and adoption of the Code.
The cost of the contract is $23,700, which includes 250 copies of the Code to consist of not
more than 1,100 pages on 8 1/2 x 11" single -column format. The contract also provides for
loose-leaf supplements to be prepared to keep the Code in the updated format. The funds for
this project have been allocated from the Revenue Sharing Fund.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Resolution
No. 443 authorizing the recodification of the Code of Ordinances. Motion carried: Mayor
West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay;
Mayor Pro Tem Henry absent from Council Chambers.
JCR: cl
RESOLUTION NO. 443
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute
for and on behalf of the City of Lubbock a Contract between the City of Lubbock and the
Municipal Code Corporation, for recodification of existing City Code, attached herewith
which shall be spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day of
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
March
Isl Dirk West
DIRK WEST, MAYOR
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
*NOTE: Contract is attached with Original Resolution No. 443.
Ordinance No. 8015
An ordinance amending Ordinance #7982 with respect to Precinct No. 52, ' removing the designation
of Stinson's, Inc. as the polling place (Emergency Measure).
Stinson's, Inc. indicated that they would not be willing to use their office as a polling
place for Precinct No. 52 in the City and School elections for this year. In light of the
fact that any changes need the approval of the Justice Department, and the fact that the
consolidation of Precinct 52 with Precinct 48 had been precleared by the Justice Department
in January, it was the recommendation of the City Attorney that a polling place not be designat
for Precinct No. 52 at this time. He indicated that the Justice Department had given their
verbal approval to the consolidation as utilized in January.
The motion was made by Councilman Aderton, seconded by Councilman McAlister to pass Ordinance
No. 8015 as an emergency measure. Motion carried: Mayor West, Councilwoman Jordan, Council-
men Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council
Chambers.
ORDINANCE NO. 8015
AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS, BY AMENDING THE LANGUAGE OF SECTION 10-6, VOTING PRECINCT NO. 52, SO AS TO REMOVE THE
DESIGNATION OF STINSON'S, INC., AS THE POLLING PLACE; PROVIDING FOR AMENDMENT OF THE MAP OF
CITY VOTING PRECINCTS; PROVIDING THAT ALL PORTIONS OF SECTION 10-6 NOT AMENDED SHALL REMAIN
THE SAME; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY.
Consider accepting the parking building at the Lubbock International Airport, and authorize
final payment to H. C. Lewis.
The construction of the parking building by H. C. Lewis Construction Company is complete. It
is recommended that the final payment of $167,031.77 be authorized, subject to retainage of
$10,000 for correction of the appropriate signs. The remaining work under the parking expansion
program is contracted to Kerr Construction Company and includes roadways, gates and landscaping.
MR
The Airport Board approved of the facility at its March 12, 1980, meeting.
The motion was made by Councilman McAlister, seconded by Councilman Aderton to
authorize final payment, subject to retainage of $10,000 for correction of
signs. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from
Council Chambers.
80-39-206-294 Consider authorizing staff to negotiate a contract for a feasibility study of
(45) a solid waste energy recovery plant.
Assistant City Manager Jim Blagg, Director of Public Services Denzel Percifull,
Director of Sales and Services, LP&L Carroll McDonald, Director of Research and
Development, LP&L Bill Wood, Internal Auditor Rod Bouffard, and Director of
Water Utilities Sam Wahl evaluated the proposal using the following criteria:
1. Personnel qualifications (experience and background of
staff members assigned to the project;
2. Experience of the firm (number of studies performed in
the area of resource recovery during the last 5 years,
knowledge and experience with European technology);
3. Methodology (concept of the job to be done, plan of
approach).
The Committee recommends the firm of Battelle, Columbus, Ohio, to conduct the
feasibility study. In the event a suitable contract cannot be negotiated with
Battelle, the alternate choice would be Sanders and Thomas, Nashville, Tennessee.
Battelle is now assisting EPA in management of 12 of the 68 grants made under
the President's Urban Policy Grant. Another project under the direction of
Battelle is the evaluation of European Refuse -Fired Steam Generator design
practices involving water wall incineration.
In response to Council query, Assistant City Manager Jim Blagg responded that
there was very little difference in the proposals, it being the Committee's
determination that the Battelle Firm edged out the other proposals because of
their current projects and their previous track record. Additionally, the
Battelle Firm submitted a proposal reflecting an estimated cost of less than
the $60,000 allocated from Revenue Sharing Funds.
There being no further discussion, the motion was made by Councilman Aderton,
seconded by Councilwoman Jordan to authorize negotiations of the contract with
the Battelle Firm of Columbus, Ohio. Motion carried: Mayor West, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro
Tem Henry absent from Council Chambers.
80-39-206-295 Bid No. 5751 for miscellaneous water items (warehouse stock).
(46)
Items 1, 6 M. B. McKee Company,
Lubbock, Texas
Item 2 Western Industrial Supply Company,
Lubbock, Texas
Item 3 Viking Supply Corporation,
Houston, Texas
Items 4, 5 Trans -Tex Supply Company,
Odessa, Texas
80-39-206-296 Bid No. 5756 for miscellaneous water items (warehouse stock).
(47)
Items 1,3,4,5,7,8 Western Industrial Supply Company,
Amarillo, Texas
Item 2 Trans -Tex Supply Company,
Odessa, Texas
Item 6 M. B. McKee Company,
Lubbock, Texas
80-39-206-297 Bid No. 5761 for three economy pickups (Parks & Rec. Dept.).
(48)
Low Bidder
Kerr Datsun, Inc.,
Lubbock, Texas ($13,209.00)
Director of Purchasing Floyd Nesbitt reflected all bids were in compliance with
the specifications and recommended the low bid.
207
80-39-207-298
(49)
80-39-207-299
(50)
80-39-207-300
(51)
80-39-207-301
(52)
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve Bid
Nos. 5751, 5756, and 5761, referenced above. Motion carried: Mayor West, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry
absent from Council Chambers.
Bid No. 5749 for 18" VCT Sanitary Sewer Main., and authorize same (Engineering Dept.).
An appropriation ordinance from Sanitary Sewer Bond Fund for 18" VCT Sanitary Sewer Main
(Bid #5749, above).
These items were deleted.
Bid No. 5731 for fence material (Parks & Rec. Dept.) (Community Development Funds).
Low Bidder
L. C. Hill Fence Company,
Lubbock, Texas ($17,837.71)
Bid No. 5721 for reroofing old terminal building at Lubbock International Airport, and
authorize same (Aviation Dept.).
Low Bidder
Lydic Roofing Company,
Lubbock, Texas ($17,104.00)
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve Bid
Nos. 5731 and 5721, referenced above. Motion carried: Mayor West, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem. Henry absent
from Council Chambers.
80-39-207-302 Consider two appointments to the COMMUNITY SERVICES COMMISSION. The following terms expire
(53) March 31, 1900.
AARP Edna Houghton
United Way Community
Planning Council Kathy Powell
Term: 2 years
It was reported that Mrs. Houghton has served for five years as representative of the AARP
and is therefore ineligible for reappointment. It was the feeling of the Council that a
recommendation from the AARP Association be received before this matter could be acted upon.
The motion was made by Councilman Aderton, seconded by Councilman McAlister to HOLD reappointment
to the above Commission until March 27, 1980, meeting. Motion carried: Mayor West, Councilwomai
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry
absent from Council Chambers.
80-39-207-303 Consider three appointments to the PARKS AND RECREATION BOARD. The terms of Robert Sweazy,
(54) Mario Perez and Ethel McLeod expire March 31, 1980. Term: 3 vears.
The following were recommended as appointees:
Reappointment of Robert Sweazy and Ethel McLeod for 3-year terms,
and newly appoint Freda McVay.
The motion was made by Councilman Aderton, seconded by Councilman McAlister to approve the
above appointments. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers.
At 1:40 p.m., Councilman McAlister requested that this matter be reconsidered and so moved.
This motion was seconded by Councilwoman Jordan. Motion carried: Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor
West absent from Council Chambers. Therefore, the motion was made by Councilman McAlister,
seconded by Councilwoman Jordan to reappoint Ethel McLeod for a 3-year term; to appoint
Freda McVay and Carlos Lopez as new members to the Parks and Recreation Board for a term of
3 years. Motion carried: Mayor Pro Tem. Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay; Mayor West absent from Council Chambers.
The Council recessed at 10:40 a.m. to consider items appearing on the Work Session Agenda.
Following the luncheon meeting, during which time they met with members of the accounting
firm performing the outside audit, they reconvened for the 1:30 posted hearing.
IM]
80-39-208-304 Hold a public hearing to consider the annexation of a tract of land generally
(27) described as the area northwest of the Idalou Highway and south Ursuline
Street.
*Publisher's
affidavit on Mayor Pro Tem Henry presiding.
page 20SA
Director of Planning Jim Bertram made the presentation of the requested
annexation, said request being presented at the February 28, 1980, Regular
City Council Meeting by property owners within the proposed area. Mr. Bertram
indicated that Planning and Zoning Commission unanimously recommended the
annexation, at which time there was no opposition or discussion regarding the
matter.
There being no discussion and no opposition, the hearing was closed.
The motion was made by Councilman Aderton, seconded by Councilwoman Jordan
instructing the City Staff to draft an ordinance to annex the above referenced
area. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay; Mayor West absent from
Council Chambers.
There being no further business, the meeting was adjourn at 2:05.
yy
RK WEST, MAYOR
Evelyn Gaffia, City SeereCar4-Treasurer
71,
APPROVED ON THIS 27th DAY OF March 1980.
jl-R'k WEST, MAYOR
ATTEST:
Evelyn Gaffga, 'City S46'cr 4t - Treasurer
L
20$ A
MAR 1 3 1980
80-39-208-304
(27)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Ma r i I Y n Pie r c e a Notary Public in and for Lubbock County, Texas on this day
personally appeared J. C. R i c k m an + Bus i n e s s Manage r of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper i has been
Notice published
continuouslywords
f r more
than fifty-two weeks prior to the first insertion of this
Per word - $75.25 No 800467 at Lubbock County, Texas and the attached print-
ed copy of the Notice is a true copy of the original and was printed in the Lubbock
he-J March 2, 1980.
.pun
B iness Manager
LUBBOCK A ANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 7 t h day of March
,. .._ «: �:;,� S�a`•� o'r Texas
1980