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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/27/1980209 r-7 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING March 27, 1980 9:30 A.M. The City Council of the City of Lubbock, Texas, met for its regular meeting on Thursday, March 27, 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. 80-39-209-305 The invocation was given by Jim Bertram, Director of Planning. ( 1) 80-39-209-306 The Pledge of Allegiance to the Flag was given by those present in the Council Chambers. ( 2) 80-39-209-307 Approval of Minutes,- Regular Meeting, March 13, 1980. 3) The motion was made by Councilwoman Jordan, seconded by Councilman Aderton 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. 80-39-209-308 Board Appointment ( 4) Freda McVay Proclamations Park and Recreation Board The: following proclamations were presented by various members of the Council: 80-39-209-309 "Special Olympics Day" - March 29, 1980 5) Receiving: Jim Douglass 80-39-209-310 "Doctors' Day" - March 30, 1980 ( 6) Receiving: Mrs. John Hayes Dr. Don Craig 80-39-209-311 "Exceptional Children's Week" - April 6-12, 1980 7) Receiving: Norma Martinez, Student Rhonne Stewart, Teacher Louise Pinson 80-39-209-312 "Allen Brothers American Legion Post 148 Day" - March 27, 1980 8) Receiving: W. A. "Pete" Reed, Present Commander 80-39-209-313 "Texas Shrine Hospital Benefit Day" - March 29, 1980 (8-A) Receiving: Ken Clements Bob Murders 80-39-209-314 Special Presentation ( 9) Mayor Dirk West presented a Certificate of Appreciation to Mr. H. D. Wood for his interest in and participation in various civic activities in the City. Mr. Wood was Mayor for the City from 1928-1930, and has been a long-standing member of the Allen Brothers American Legion Post #148. 80-39-209-315 Bob Nash to appear to present proposal regarding Lubbock Lake Site. (10) Mr. Bob Nash, President of Lubbock Lake Site Development Corporation, appeared and presented a proposal that the National Park Service be asked to do a feasibility study to determine the merits of Lubbock Lake Site's becoming a national park. The site to be studied is located on a 29-acre tract, which encompasses a fenced archaeological area. The federal government would assume responsibility for all operations, maintenance and site improvements. 210 Mr. Nash indicated that he came with "palms downward", and the purpose of his request was to ask for the support and endorsement of the Council prior to making application to the National Park Service. He stressed that there was no obligation on the City should the site be declared a national park. The motion was made by Councilman Aderton, seconded by Councilwoman Jordan to grant the request of the Lubbock Lake Site Development Corporation endorsing, in writing, the application to the National Park Service to become a national park. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 80-39-210-316 Theron Cole, Chairman of the Human Relations Commission, to appear to request (11) funding for the Roy B. Bass Goals Award. Theron Cole, Chairman of HRC, appeared to discuss with the Council the HRC's desire to grant an annual award to some Lubbock business or industry who has been selected for outstanding achievement in employing or promoting persons without regard to race, ethnic background, sex, or handicap. The award would be entitled "The Roy B. Bass Human Goals Award". The objective would be to select the winner so that the presentation could be made on or about the birthday of the late Roy Bass, which is October 31. The award would take two forms: The primary award would be a work of art placed in a centrally -located public building, visible to a large segment of the population. The second portion of the award would be a certificate bearing a design of the work of art to be presented to the individual for their personal keeping. Mr. Cole indicated that James Watkins, Supervisor of the Pottery Center, was working with the HRC to design an art work that would serve as the primary award. He presented an elevation of the proposed award using the logo of the Civic Center and incorporating the four major ethnic groups in the Lubbock area. The HRC's recommendation as to the location of such an award is: 1. In the mall of the Civic Center where it would have higher visibility and the design would be in keeping with the Civic Center logo; 2. At the entrance wall of the Municipal Building, 10th and Texas; 3. In the Mahon Library. Mr. Cole indicated the estimated cost for the primary award would be approximatel $750.00, and recommended that the funds, if available, be allocated from the Discretionary Fund that the Council has set aside for arts from the hotel/motel tax. In response to the City Manager as to whether or not monies were available from this fund, the response was affirmative. Following words of commendation to the HRC for establishing such an award, the motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan, approving the allocation of $750 from the Discretionary Fund for the cost of the art work, and suggested that the HRC contact the Civic Centers Board as to the placement of the art work in the Civic Center prior to doing so, primarily as a courtesy inasmuch as they gave final approval for such display. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 80-39-210-317 Ordinance No. 8018 (12) Dr. Ray Santos, Chairman of the Health Board, to appear to present recommendation to amend Chapter 13 of Code " of Ordinances. If_approved, -pass ordinance on first reading. Mr. Roger Loter, member of the City Health Board, appeared to make the presen- tation of the proposed ordinance. The proposed ordinance revision is the result of the combined effort of the Health Board, Lubbock Chapter of the Texas Restaurant Association, and the Health Department. The proposed changes relate to the Restaurant Industry primarily and does not encompass other food industries in Lubbock. The proposed ordinance adopts the 1977 Texas Department of Health, Food and Drug Rules and, in addition, adds a section providing for the issuance of permits, collection of fees and penalties for violations of permits. Mr. Loter indicated there were two exceptions to the 1977 rules: 1. Texas Department of Health, Food, and Drug 301.73(F) (1) (C) * * . shall be provided with tight -fitting lids, would be changed to read: "shall be provided with close -fitting 211 Fill lids" (Mr. Loter referred to the lids on the dumpsters, which may be either City -owned, privately -owned, or may be on a rental basis from a commercial vendor. He indicated that the lids were damaged when the sanitation trucks empty them, and yet the owner of the restaurant is held in violation for this situation.); 2. .002 Definitions (r) "regulatory authority" means state and/or local enforcement authority, would be changed to "the health director or representative". Additionally, Section 13.13(c) of the proposed ordinance deals with reinstatement of the permit after it has been suspended and refers to appearing for inspection within the 10-day period. They would recommend that that be changed to a 48-hour period. Appearance: Ms. Priscilla Sims, President of the Lubbock Restaurant Association Ms. Sims indicated there were 185 members of the Association of which 1/3 had participated in the preparation of the ordinance either by contact, attendance to meetings, or related manner; that the proposed ordinance was submitted to the Restaurant Board in January 11, 1980, and to the general membership of the Association in January 22, 1980, and 1/3 of the total membership endorsed the proposed ordinance. Appearance: John Smith, owner, Sirloin Restaurant Mr. Smith felt that the matter needed further consideration inasmuch as it had taken this long to prepare and present the proposed ordinance before the Council, another 30 to 60 days would not be fatal. His comments were to the effect that there are some restaurant owners who own their own dumpsters and yet the dumpsters are damaged by the sanitation crews, thus placing his permit to do business in jeopardy for violation of that portion of the ordinance. The discussion from the Council centered more around the inequities of the dumpster/dumpster lid/damage to lid problem, and it was indicated to the Council that the restaurant owner, or licensee, is the responsible party for complying with this portion of the ordinance; however, the damage done is primarily done by the sanitation crews. In response to Council query, City Manager Larry Cunningham indicated that less than 35% of the commercial sanitation pickup is handled by the City. In support of that statement, City Attorney John Ross suggested that the individual restaurant owner enter into a contract with the commercial hauler as to responsibility for damages and related matters. Also, it was commented that they are planning to put the commercial hauler sanitation business under a franchise -type agreement. The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to accept the recommendation of the Health Board and pass Ordinance No. 8018 on first reading, thus allowing time to work out any additional problems, if any. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman Aderton voting Yea; Councilman McAlister voting Nay. DGV: cl 16TIMINVIRMA&MINNERDW: AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY DELETING THE EXISTING CONTENTS THEREOF AND SUBSTITUTING THEREFOR A NEW CHAPTER 13 WHICH PROVIDES FOR INCORPORATION BY REFERENCE OF THE "RULES ON FOOD SERVICE SANITATION" ADOPTED BY THE TEXAS DEPARTMENT OF HEALTH, 1977, AS AMENDED; REQUIRING PERMITS; PROVIDING FOR PERMIT APPLICATION, ISSUANCE AND FEES; PROVIDING CERTAIN DEFINITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. At 10:37 a.m., Mayor West announced that an Executive Session would be held for the purpose of considering land acquisition. This announcement was made in accordance with Section 2-F, Art. 6252-17, V.A.T.S. 80-39-211-318 Ordinance No. 8019 - Zone Case No. 2271 (21) Request of Lloyd Croslin, Jr. (for Croslin & Reynolds) to change a tract of land out of Publisher's Section 77, Block A, City of Lubbock, Lubbock County, Texas, from R-1 and C-3 to C-4 Zoning affidavit on District _(located at NorthLoop289 and Ash Avenue). page 212. The Planning and Zoning Commission recommended that this request be approved, subject to the following conditions: a. that there be a screening fence erected on the Queens Street side of this tract, constructed of similar material as the property to the east; b. that alcoholic beverage sales be prohibited on this tract. In accordance with the Notice published in the Lubbock Avalanche -Journal on March 12, 1980, a Public Hearing was held on the above referenced matter. 212 AR 2 "� 1980' 80-39-211-318 (21) 80-39-213-319 (22) 80-39-213-320 (23) 80-39-214-321 (24) 80-39-214-322. (25) 80-39-216-323 — — - (26). _ THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Mari I Yn Pie rce a Notary, Public in and for Lubbock County, Texas on this day personally appeared J. C. Riekmang Business Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Mor_ning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Legal Notice — 545 Words 0 25t Per Word — $136.25 No 810481 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 Avalanche -Journal on the following dates: March 129 1980. (City of Lubbock P.O. No. H-8315) BuSi ss Manager LUBBOC VALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 14th day of March 19 80 ^ FORM 58-10 213 MAR 2 7 1980 Proponent: Lloyd Croslin, Jr. This request is for commercial zoning of approximately .80 acres. The site is bounded on the north by existing "C-3" zoning and "R-l" zoning occupied by a church; it is bounded on the south by Loop 289; it is bounded on the east by "M-1" industrial zoning; it is bounded on the west by Avenue A and "C-4" zoning which lies west of Avenue A. The Planning and Zoning Commission felt that because Birch Street intersects Queens Street, there could be some traffic circulation around this tract, and thus placing the condition of the screening fence. The P & Z approved this recommendation of a vote of 5 to 2. In response to the condition about alcoholic beverage sales being prohibited, Director of Planning Jim Bertram indicated that there is a church located across the street from the tract. The proponent indicated the conditions were agreeable to him. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinance No. 8019 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ORDINANCE NO. 8019 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. 2271; CHANGE A TRACT OF LAND OUT OF SECTION 77, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-4 ZONING DISTRICT: SUBJECT TO CONDITIONS; CHANGE A TRACT OF LAND OUT OF SECTION 77, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO C-4 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. �80-39-213-319 Ordinance No. 8020 - Zone Case No. 2278 (22) Request of Cary Johnson (for Windmill Investment, Inc.) to change a tract of land out of *Publisher's Section 26, Block E-2 and Lots 719 thru 728, The Meadows Addition, City of Lubbock, Lubbock Affidavit on County, Texas, from T to A-1 and C-2, and from R-1 to R-2 Zoning Districts (located at 98th page 212. Street and Slide Road) The Planning and Zoning Commission recommended that this request be approved, subject to the following condition: a. that the A-1 tract be limited to townhouses. In accordance with the Notice published in the Lubbock Avalanche -Journal on March 12, 1980, a Public Hearing was held on the above referenced matter. Proponent: Cary Johnson This request is bounded on the north by "R-l" single-family zoning; on the south by 98th Street (a major thoroughfare); on the east side by Slide Road (a major thoroughfare); and on the west side by "R-l" single family. The proponent indicated the "A-l" request is for townhouse development, and the only potential problem with the townhouses is that they would face across the street into single-family development. However, there had been no opposition expressed at the P & Z Hearing. The Commission voted 7 to 0 to recommend approval of this request. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass Ordinance No. 8020 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ORDINANCE NO. 8020 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. 2278; CHANGE A TRACT OF LAND OUT OF SECTION 26, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM T TO A-1 ZONING DISTRICT; SUBJECT TO A CONDITION; CHANGE A TRACT OF LAND OUT OF SECTION 26, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM T TO C-2 ZONING DISTRICT; CHANGE LOTS 719 THROUGH 728, THE MEADOWS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 30-39-213-320 Ordinance No. 8021 - Zone Case No. 1788-B (23) *Publisher's Request of Marion T. Key. (for West Central Investment Corporation) to change.,a tract of land affidavit on out Section 9, Block E-2, City of Lubbock, Lubbock County, Texas, from C-2 to C-3 Zoning page 212. District (located at 4801 - 50th St.). The Planning and Zoning Commission recommended that this request be approved, subject to the following condition: a. that the use of this tract be limited to a family center, discount or department store. In accordance with the Notice published in the Lubbock Avalanche -Journal on March 12, 1980, a Public Hearing was held on the above referenced matter. 214 MAC 2 '7 19�: Proponent: Roger Key This request for "C-3" zoning is for a Handy Dan -type land use, the prospective purchaser representing a St. Louis firm and in Texas will go under the trade name of "Homer's of Texas (the St. Louis trade name being Handy Man). The facility is similar to a department store or a discount center or a family center which requires "C-3" zoning, and the facility will include an enclosed nursery and lumber department. The P & Z voted 7 to 0 to recommend approval of this request. Mr. Walter Taylor, on behalf of Edison Brothers in St. Louis, appeared briefly with a proposed elevation of the facility. He indicated the stated condition was acceptable to his client. There being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to pass Ordinance No. 8021 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (no site plan submitted for filing in the City Secretary's Office) ORDINANCE N0. 8021 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. 1788- B; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2 TO C-3 ZONING DISTRICT: SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39-214-321 Ordinance No. 8022 - Zone Case No. 1893-C (24) Request of Howell Killgore (for Varsity Village and Tech University Apartments) *Publisher's to change a tract of land out of Section 2, Block J-S, City of Lubbock, affidavit on Lubbock County, Texas, from A-1 to C-3 Zoning District (located about 500' page 212. north of 4th Street and Frankford Avenue). The Planning and Zoning Commission recommended that this request be approved. In accordance with the Notice published in the Lubbock Avalanche -Journal on March 12, 1980, a Public Hearing was held on the above referenced matter. Proponent: Burl Masters This request is to extend "C-3" zoning which had been approved several years previously. The purpose of extending the "C-3" zoning north was to achieve alignment with an existing alley which lies east of Frankford. The P & Z on a 7 to 0 vote recommended approval of this request. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8022 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ORDINANCE NO. 8022 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. 1893- C; CHANGE A TRACT OF LAND OUT OF SECTION 2, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-1 to C-3 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39-214-322 Ordinance No. 8023 - Zone Case No. 1865-J (25) Request of Joe D. McKay (for "F" Properties) to change a tract of land out of Section 7L Block E-2, City of Lubbock, Lubbock County, Texas, from R-2 to A-1 Zoning District (located at 3202 - 6th St.). The Planning and Zoning Commission recommended that this request be approved, subject to the following condition: a. that the density be limited to one unit per 3,000 square feet of development lot. In accordance with the Notice published in the Lubbock Avalanche -Journal on March 12, 1980, a Public Hearing was held on the above referenced matter. 216 39-216-323 (26) *Publisher's affidavit on page 212. Proponent: Joe McKay This request came before the Council on February 28, 1980, and was continued on the request of the proponent. The request is for "A-l" zoning on an "R-2" tract of land which had previously been designated by the Council as suitable for apartments if the unit density were limited to one unit per 3000 square feet of development -lot area. Mr. McKay indicated the condition was acceptable. Opponent: Roy Middleton, owner of the property adjacent to the site request Mr. Middleton indicated that his property abuts the site in question, and he was required to have on file a site plan and, therefore, requested that Mr. McKay be required to do likewise. The discussion that followed from the Council indicated this was a reasonable request and queried Mr. McKay whether or not he was able to place on view at this time a proposed site plan to which he said he was not in a position to do so; however, he indicated he would be able to comply with this request before the second reading on April 10, 1980. There being no further discussion and no further opposition, the hearing was closed. The motion was made by Councilman McAlister, and Councilwoman Jordan said that she would second the motion, subject to a site plan being on file before the second reading. Motion carried: Mayor West, Mayor Pro Tem. Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ORDINANCE NO. 8023 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. 1865-J; CHANGE A TRACT OF LAND OUT OF SECTION 7, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-1 DISTRICT; SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Zone Case No. 2279 Appeal of Sonny Arnold (for Dan Brockman) for a Specific Use zone change, from R-1 to R-1 Specific Use Permit under provisions of Section 22.3-2 of the Zoning Ordinance for townhouses on Tract J, West Wind Addition, City of Lubbock, Lubbock County, Texas (located at Auburn Drive and Elkhart Avenue). The Planning and Zoning Commission recommended that this request be denied. In accordance with the Notice published in the Lubbock Avalanche -Journal on March 12, 1980, a Public Hearing was held on the above referenced matter. Proponent: Sonny Arnold This request is for "R-l" single-family specific use townhouses. The original intent of this triangular -shaped tract was for a church when the site was platted. As a land use, the townhouse is very close in character to single-family residential in that it is owner -occupied and very near the density of traditional single-family detached units. The major objection with this type of land use is that it is inserted (plugged in) in the middle of an existing developed low -density, single-family residential area where most of the units are one Story. Mr. Tom Renfro, architect for the development, appeared indicating that about 1.76 acres were involved and that the triangular -shaped tract was not practical for single-family construction. On the proposed elevation there were some two-story units and one single -story unit. Mr. Renfro indicated these were preliminary elevations reflecting the concept of the plan, but they had not been finalized. Additionally, they would range from 1,300 to 1,400 square feet and would be in the price range of $45,000 to $48,000. Appearance: Bill Stinson, Stinson's Incorporated Mr. Stinson indicated he had no financial interest in the tract; that the firm had studied the area, and the detached single-family unit would not be economically feasible; only a single-family attached project--townhomes--would be economically feasible. Mr. Stinson further indicated that such a project would curtail construction cost, energy cost, marketing cost, and it would allow young couples the opportunity to own property who otherwise would not be qualified for financing arrangements. Opponent: Mr. Bob Wright, 5537 lst Street Mr. Wright appeared on behalf of the Homeowners Association for the West Wind Addition, and submitted to the Council approximately 400 petitions signed by the homeowners in the area who are opposed to the proposed development. Mr. Wright indicated the homeowners were opposed for the following reasons: (1) it would have a negative impact on the value of the property; (2) it would provide an unacceptable visual display as all of the family units within the Addition are single story, and the two-story units would be aneyesore; (3) the project would create an increase in traffic which would be hazardous to the young families in the Addition; (4) if this request to rezone is approved, what is next to come, that is, approval of this request would create a threat among the homeowners; (5) the Homeowners Association feel like they need to be a part of this decision and it is their feeling that a structure such as a church would be more suitable for their Addition; and (6) that it would affect the property values. He commented that the real estate opinion of determining value is one thing and the homeowners' attitude toward buying into such an Addition is another, and there is a vast difference in the sense of values between the two entities. 217 Other Opponents: Roy Smith 5520 lst Street Dan Paul 5704 3rd Street George Carrier 5625 Amherst Mrs. Palmer 5504 Amherst young Reese Air Force wife 5712 lst Street Randy Jones 5702 2nd Street Mrs. Nita Paul 5704 3rd Street Fred Capelle 5507 lst Place The concerns expressed from the above homeowners had to do with the cost of maintenance for such a building project and the difficulty in maintaining building maintenance personnel; traffic congestion; two stories would tend to be an invasion of privacy in the back yards of nearby homeowners; problems of security. Director of Planning Jim Bertram indicated there were two major concerns: (1) the owner -occupied units would have an apartment appearance in a single- family area, and (2) the homeowners were in the Addition first and, therefore, this project has somewhat of a "plugged -in" appearance which is the basis of the opposition, and was primarily the reason for the P & Z denial. On rebuttal, Mr. Arnold indicated that the traffic for the proposed project would be the same as for single-family dwellings, and that Town West Addition had not devaluated the nearby single-family homes. A Mr. Richard Spartman, Assistant Professor of Marketing at Texas Tech and homeowner in the Addition, responded in the rebuttal indicating that the homeowners had not received a copy of the marketing report that Mr. Arnold indicated he had conducted, and it was his experience as a professor in marketing and dealing with statistics that one can make statistics reveal whatever they wish to reveal, and he felt the Homeowners Association was entitled to review this document on which Mr. Arnold had based his presentation. Following extensive discussion from Council members regarding the density situation of such a project, their concern for the obvious opposition from the homeowners, the hearing was closed. Mayor West indicated at this time that it took a 4/5 vote of the Council to overturn a denial recommendation of P & Z; additionally, Councilwoman Jordan had requested permission to abstain from this matter, her request being granted. The motion was made by Councilman Aderton to overturn the recommendation of P & Z, granting the requested zone change. The motion died for lack of a second. Subsequently, the motion was made by Councilman McAlister to delay any action on this matter at this time, and allow the homeowners an opportunity to meet with the architect and Mr. Arnold to work out their problem areas, and consider the matter at a later Council Meeting. The motion was seconded by Councilman Aderton. The motion did not carry: Councilman Aderton and Councilman McAlister voting Yea; Mayor West and Mayor Pro Tem Henry voting Nay; Councilwoman Jordan abstaining. The Mayor once again asked for a motion to resolve the matter. No motion forth - doming. coming, the request as denied by Planning and Zoning Commission was upheld. The Council recessed for lunch to reconvene at 1:30 p.m. 80-39-217-324 Ordinance No. 8016 (14) A correction ordinance amending the legal description of Ord. #7983, Zone Case 2261, changing R-1 to R-2. 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. 80-39-217-325 Ordinance No. 8017 (15) An ordinance amending Chapter 34 of the Code with respect to Pro Rata Ordinance No. 7625. JWF/pg ORDINANCE NO. 8017 AN ORDINANCE AMENDING ARTICLE I AND ARTICLE II OF CHAPTER 34 OF THE CODE 218 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. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinance No. 8016 and Ordinance No. 8017 on second and final reading. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining. 39-218-326 Ordinance No. 7972 (16) An ordinance abandoning and closing a portion of power line easement and underground water line easement located out of Section 1, Block J-S, Lubbock County, Texas. ORDINANCE NO. 7972 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF POWER LINE EASEMENT AND UNDERGROUND WATER LINE EASEMENT LOCATED OUT OF SECTION 1, BLOCK J-S, LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING: AND PROVIDING FOR PUBLICATION. 39-218-327 Resolution No. 445 (17) A resolution authorizing the Mayor to execute a Quit Claim Deed to G. C. Associates, II (see Ord. #7972, above). RESOLUTION NO. 445 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 G. C. Associates II, a limited partnership attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of March, 1980. ATTEST: /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, Assistant 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 Muncipality 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 G. C. ASSOCIATES II, A Limited Partnership 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 rights, 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 a power line easement and a portion of an underground water line easement, both being parallel and adjacent to each other, out of Section 1, Block J-S, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point which bears North a distance of 60.00 feet and North 89°56'30" West a distance of 1006.20 feet from the Southeast corner of Section.;..l, Block J-S; THENCE North 00°01"30" West a distance of 600.00 feet; "I THENCE North 89'56'30" West a distance of 20.00 feet; THENCE South 00'01'30" East a distance of 600.00 feet; THENCE South 89'56'30" East a distance of 20.00 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, 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 27th day of March, 1980. sl Dirk West 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: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant 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, ofr the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 27th day of March 1979. Isl Jackie Suter Notary Public, Lubbock County, Texas My Commission Expires: 4-13-81 The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinance No. 7972 on second and final reading, and to pass Resolution No. 445 authorizing a Quit Claim Deed to G. C. Associates, II. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 80-39-219-328 Ordinance No. 8003 (18) An ordinance consenting to the merger of Cox Cable Communications, Inc., d/b/a Lubbock Cable TV, and General Electric Co., consenting to the assignment of the franchise granted in Ordinance No. 462_7,as granted to Cox Cable Communications Inc., in Ordinance No. 5917, to General Electric Company providing for acceptance by the new franchise holder. Mr. Jim Brown of Cox Cable Communications, Inc. appeared to indicate that the requested letter from General Electric, indicating the matter in which they would conduct business following the merger, was forthcoming, but had not been officially received. In light of this continuing situation, Mayor Pro Tem Henry felt that the letter should be in hand before this was considered for second reading and before any publication was authorized. The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to HOLD this matter until the referenced letter from General Electric has been received. Motion carried: Mayor West, Mayor Pro Tem. Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 220 DGV:cl ORDINANCE NO. 8013 AN ORDINANCE CONSENTING TO THE MERGER OF COX CABLE COMMUNICATIONS, INC., dba LUBBOCK CABLE TV, AND GENERAL ELECTRIC COMPANY; CONSENTING TO ASSIGNMENT OF THE FRANCHISE GRANTED IN ORDINANCE NO. 4627, AS GRANTED TO COX CABLE COMMUNICATIONS, INC., IN ORDINANCE NO. 5917, TO GENERAL ELECTRIC COMPANY PROVIDING FOR ACCEPTANCE BY THE NEW FRANCHISE HOLDER; AND PROVIDING FOR PUBLICATION. 39-220-329 Ordinance No. 8013 (19) 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, and providing for the collection of such assessments and for the issuance of assignable certificates in evidence thereof, allocating funds. ORDINANCE NO. 8013 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. 39-220-330 Ordinance No. 8014 (20) 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: The East-West alley abutting Lots 1 through 16, Block 8, Lamar Heights Addition; a portion of 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, . . . and providing for the collection of such assessments and for the issuance of assignable Certifications in evidence thereof, allocating funds. 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 McAlister to pass Ordinance No. 8013 and Ordinance No. 8014 on third and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. -39-220-331 Larry Anderson, of Mason, Nickels and Warner, to appear to present 1978-79 Annual Audit. (13) Mr. Larry Anderson appeared on behalf of Mason, Nickels and Warner, the outside auditors, and made his presentation reflecting the status of the City following the annual audit for 1978-79 fiscal year. He utilized various graphs and other visual aids in his presentation, following which, in response to Council query, he indicated that the City was in sound financial condition, much improved over previous years; that the majority of the Revenue Fund showed a profit, which reflects good management on the part of the City Manager and City Staff. 39-220-332 Resolution No. 457 (47) �. Consider contract with Lubbock County Appraisal District for appraisal services for 1980, and authorize same. The City Council recently authorized the City of Lubbock to contract with the Lubbock County Tax Appraisal District for appraisal services for the entire District for 1980. The contract will provide that the City will be working with the District and delivering the appraisal of all parcels to the District, who in turn would make available the information to the various taxing entities. The City would be responsible for hiring the necessary personnel or outside appraisal firms, as well as developing the necessary computer program for this appraisal system. 221 Phase 1 of the contract will be completed by December 31, 1980, for an estimated cost of $500,000. This would be paid to the City by the District in payments of $125,000 each beginning May 31, 1980, another in July 31, 1980, another payment on September 30, 1980, and a final payment for November 30, 1980. It would be the District's responsibility to get the taxing entities signed to participate in the 1980 program. Effective January 1, 1981, all entities will mandatorily be a part of the Appraisal District and will be required to pay a pro rata share. Phase 2 commences January 1, 1981, and will terminate upon the completion of the reappraisal and providing an appraisal roll for the District for the tax year 1982. The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Resolution No. 457, authorizing the contract with the Lubbock County Tax Appraisal District. Motion carried: Mayor West, Mayor Pro Tem Henry, Council- woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. JCR: cl RESOLUTION NO. 457 WHEREAS, the Lubbock County Appraisal District, hereinafter called District, is required by the Property Tax Code of Texas to establish an appraisal office or to contract with an existing Taxing Unit to perform the duties of such office, and WHEREAS, the City of Lubbock is a Taxing Unit located within the District and currently operates the largest appraisal office within the District, and WHEREAS, the District is desirous of contracting with the City of Lubbock to perform the appraisal services for the District in order to promote govern- mental efficiency and eliminate the cost of establishing a new appraisal office for the District; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Appraisal Agreement 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-27th day of March 1980. Isl Dirk West DIRK WEST, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Larry Cunningham Larry Cunningham, City Manager APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § APPRAISAL AGREEMENT This agreement entered into this 27th day of March , 1980, by and between the City of Lubbock, hereinafter called City, and the Lubbock County Appraisal District, hereinafter called District, WITNESSETH: WHEREAS, the District is required by Section 6.05, V.A.T.C., Tax Code, to establish an appraisal office, and WHEREAS, the District is authorized by the above cited authority to Contract with a taxing unit within the District to perform appraisal services, and WHEREAS, the City is a taxing unit located within the District and cur- rently operates the largest appraisal office within the District, and 222 WHEREAS, the District is desirous of contracting with City to perform appraisal services for the District in order to promote governmental efficiency and eliminate the cost of establishing a new appraisal office for the District; NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: Ms GENERAL TERMS 1. This Contract shall be effective from date of its execution until December 31, 1981; provided however, that if additional time is required to complete the performance of the services to be provided under this Contract then the terms of this Contract shall continue in force until the performance is completed. However, City will complete performance of its obligation under this Contract as soon as practical after December 31, 1981, and deliver a complete appraisal roll for the tax year 1982 to the District in accordance with Section 25.01 of the Property Tax Code of Texas. 2. The parties to this agreement reserve the right to terminate this Contract by giving three months written notice of a decision to terminate. Should this Contract be terminated, the parties agree that the records developed, if any, and the values established, if any, pursuant to and as a result of this Contract shall become the property of the District. The District will assume and become responsible for any contractural obligations of the City which were executed by the City in performing services under this agreement. 3. The parties to this agreement, acting pursuant to the Texas Property Tax Code Section 6.05(b) agree to use the Tax Office of the City to perform the duties of the appraisal office of District. Both parties agree that this arrangement will be beneficial to the promotion of governmental efficiency. Both parties further agree that the District in entering into this Contract is primarily interested in the formulation of a complete tax appraisal roll for Lubbock County and is hereby contracting with the City to formulate and deliver such a roll to the District in accordance with the term of this agreement. The City, consistent with obligations imposed by law, shall be free to discharge its obligations under this Contract as it deems most efficient and appropriate under the circumstances. To this end the City shall at all times be deemed to be an independent contractor and nothing contained herein shall be construed as creating any other relationship between the parties hereto. 4. Both parties to this agreement recognize that by entering into this Contract that the Cityls assessor is vested by operation of law (Prop. Tax Code Sec. 6.05 (c)) with the duties of the Chief Appraiser of the District. However, District recognizes and agrees that the City Assessor shall remain in the sole employment of the City and be responsible to the City for his performance under this Contract. City agrees that its assessor will perform all of the obligations imposed on him by law by virtue of the execution of this Contract however, District will look solely to the City for performance of this Contract. 5. District agrees that it will deliver or cause to be delivered to City on or before January 1, 1981, complete appraisal records of all other taxing units included in the District, or copies thereof, which records shall show each unit of property individually assessed on the basis of 100 percent of its appraised value. Both parties recognize and agree that City's performance under this Contract is contingent upon District's timely performance of this requirement. 6. City agrees that it will furnish to District a monthly report which report will show the progress of City in formulating and delivering a complete appraisal roll for the tax year 1982 to District. 7. Both parties agree that it is not the function of this Contract to provide appraisal or to appraise any property for any tax year other than that tax year commencing January 1, 1982, and all taxing units within District will be responsible for making their own appraisals, calculating the 100% assessment based on said appraisals and establishing their own Boards of Equalization prior to tax year beginning January 1, 1982. 8. Both parties to this agreement recognize that the City will perform its obligations under this agreement in two phases. The First Phase will be the Implementation - Training Phase and the Second Phase will be the Appraisal - Completion Phase. Both parties agree that the City will commence performance of Phase I of this Agreement only after the District has under contract with the Taxing Units involved at least 80% of the consideration hereinabove provided for Phase I of this Agreement. Both parties further agree that Phase Two will be funded by the District over and above the funding for Phase One and the City will not be obligated to perform Phase Two unless it is funded by the District. 1. The Implementation and Training Phase (Phase One) of this Contract will commence upon the execution of this Contract by both parties and this phase of the agreement will be completed by the City December 31, 1980. 2. During Phase One of this agreement City will undertake the following: (a) Recruit, employ, and train the necessary appraisal and clerical personnel and obtain necessary operational equipment and supplies. (b) Undertake system development of computer services to assist in the formulation of a compatible appraisal roll for the District in 1982. (c) Provide the necessary support and services to accomplish (a) and (b) above. 3. For and in consideration of City undertaking the obligation of Phase One, District agrees to pay to City the sum of $500,000. It is understood by both parties that District will enter into a Contract with each taxing unit within the District wherein each unit agrees to pay to District its proportional share of the consideration herein above set forth. It is further agreed that City is not obligated to perform under Phase One until 223 7 1.9B0 such time as District has secured the agreement of each taxing unit as above mentioned. However, the City will commence performance of Phase One of this agreement once District has under Contract from the taxing units 80% of the consideration herein above set forth. 4. District agrees to pay to City the consideration set forth in paragraph 11(3) in accordance with the following schedule: (a) $125,000 due to City May 31, 1980 (b) $125,000 due to City July 31, 1980 (c) $125,000 due to City September 30, 1980 (d) $125,000 due to City November 30, 1980 Should District fail to make any payment to City in accordance with the foregoing schedule, then upon such event the City is relieved of any further performance under this agreement and at its option may terminate this agreement in its entirety., 5. In the event that the consideration set forth in paragraph 11(3) exceeds the actual costs of providing services pursuant to Phase One of this Contract, the City shall reimburse the District the excess funds. "M I 1. The Appraisal and Completion Phase of this Agreement shall commence January 1, 1981, and shall terminate in accordance with paragraph I(1) of this Contract subject to the conditions stated in paragraph 1(8) of this Agreement. 2. During Phase Two of this Agreement City will undertake the following: (a) Coordinate tax records received from other taxing units in accord with the terms of this Contract. (b) Utilizing its staff and the assistance of outside consultants, undertake and complete a reappraisal of all property located within District. (c) Prepare a complete appraisal roll for District for the tax year 1982 utilizing the data gained from the tax records received and the reappraisal undertaken by City. 3. Both parties to this Contract understand that it will be necessary for City to engage the services of outside appraisal consultants to complete this phase of the Contract and City is free to engage qualified consultants, subject to the approval of District, to assist in this phase of the agreement. District agrees that it will not unreasonably withhold its approval of any such consultants selected by City. 4. For and in consideration of City's undertaking to perform the obligations contained in Phase Two of this Contract, District agrees as follows: (a) That the City, through its Tax Assessor, will prepare a budget for Phase Two of this Contract. City will detail in said budget the cost of all necessary expenses to complete this phase of the Contract. (b) The District will consider the budget submitted by the City, through its Tax Assessor, and in accordance with law approve same. (c) The District, in accordance with law, shall apportion the actual cost of the appraisal services being provided to each taxing unit within the District and shall assess such cost to each unit in accordance with the District calculation. (d) The District shall collect the assessment made in sub -paragraph (c) above in accordance with Section 6.06(d) and (e) of the Property Tax Code. (e) The District shall pay to the City one quarter of the Phase II budget submitted by City and approved by District in accordance with the following schedule: (1) one quarter to be paid*by January 25, 1981 (2) one quarter to be paid by April 25, 1981 (3) one quarter to be paid by July 25, 1981 (4) one quarter to be paid by November 25, 1981 Should District fail to approve the budget or fail to make any payment to City in a timely manner, as herein above provided, then in such event City is relieved of further performance and at its option may terminate this entire Contract. M If the necessity arises to amend the budget submitted to cover Phase Two, the City and District agree to follow the same procedure as outlined above in processing said amendment. IV. City and District both understand and agree that this agreement constitutes and expresses the entire agreement between the parties hereto and shall not 224 MAR 2 7 t8b _J1 39-224-333 (48) be amended or modified except by written instrument signed by both parties. In Witness Whereof, the City and the District have executed this agreement as of the first day above written. ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Larry Cunningham Larry Cunningham, City Manager Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney Resolution No. 458 CITY OF LUBBOCK Isl Dirk West DIRK WEST, MAYOR LUBBOCK COUNTY APPRAISAL DISTRICT /s/ Chairman, Board of Directors ATTEST: /s/ Secretary, Board of Directors Consider authorizing contract with Lubbock Tax Appraisal District for said District to furnish City with appraisal roll tax year 1982. This contract is the individual contract that the City would need to approve with the Lubbock County Tax Appraisal District to cover the City's cost of appraisal services for 1980, said contract being funded from Revenue Sharing Funds. The City's share of the 1980 cost would be $162,815. The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Resolution No. 458. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. RESOLUTION NO. 458 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between Lubbock County Appraisal District and the Taxing Units designated on said Agreement for the purpose of formulating and preparing an appraisal roll showing the reappraisal of all property within the District for the tax year 1982, 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 27th day of. ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer Rvffw;• • ••� Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney March -Isl Dirk West DIRK WEST, MAYOR 225 MAR 18 THE STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into this 27th day of March, 1980, by and between Lubbock County Appraisal District, hereinafter called District, and the Taxing Units who appear as signatories to this Contract, hereinafter referred to as Units, WITNESSETH: WHEREAS, the District is required by Section 6.05 of the Property Tax Code of Texas to establish an appraisal office or to contract with an existing Taxing Unit to perform the duties of such office, and WHEREAS, the City of Lubbock is a Taxing Unit located within the District and currently operates the largest appraisal office within the District, and WHEREAS, the District has determined that it would be in the interest of governmental efficiency to contract with the City of Lubbock to perform the duties of its appraisal office, and WHEREAS, the District and Units wish to consolidate the appraisal of property for taxes in one agency, and WHEREAS, the Units desire to enter into this Agreement with District to facilitate the duties of the District and to assist the District in meeting its statutory duties; NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: 1. This Contract shall be effective from date of its execution until December 31, 1981; provided, however, that if additional time is required to complete the performance of the services to be provided under this Contract then the terms of this Contract shall continue in force until the performance is complete 2. The District shall contract with the City of Lubbock as authorized by Section 6.05 of the Ptoperty Tax Code to appraise all taxable property within each Taxing Unit and to formulate and prepare a complete appraisal roll of said property for the tax year 1982. 3. The District shall see that all properties are appraised at 100% of the full current market value of the property as of January 1, 1982. 4. Units -agree that they will deliver to District on or before December 10, 19 legible copies of appraisal records which records shall show each property assessed on the basis of 100% of its appraised value and Units further agree to cooperate with District on furnishifig, any other information relative to said records to District. Units shall also transfer said records to District at no charge to District. 5. It is understood by all parties to this Agreement that the purpose of this Agreement is to formulate and preppre an appraisal roll showing the reappraisal of all property within the District for the tax year 1982 and no appraisal of property or delivery of appraisal rolls to Units will be undertaken by District for the years 1980, 1981. 6. District and Units understand that the District will contract with the City of Lubbock to formulate and deliver to District a complete appraisal roll showin the reappraisal of all properties within the District for 1982. It is further understood and agreed that said Contract provides for the completion of said reappraisal service in two separate and distinct phases which are as follows: (a) Phase One which is entitled the Implementation and Training Phase and is scheduled.to take place during 1980; and (b) Phase Two which is entitled the Appraisal and Completion Phase which is scheduled to begin January 1, 1981, and be completed by December 31, 1981, or as soon thereafter as may be practicable. 7. The parties to this Agreement recognize that the Property Tax Code of Texas requires that each Taxing Unit joining this Contract shall pay the actual cost of the appraisal services performed for said Taxing Unit and said parties have determined and agreed as follows: (a) That for the year 1980 and the cost for the District to provide the services hereinabove contem—plated-is $500,000.00 which cost is allocated to the participating Taxing Units in accordance with the formula set forth in Section 6.06(d) of the Property Tax Code of Texas. Each participating Tax Unit does hereby further agree that such allocations represents the actual cost of each participating Unit for the services herein performed for the year 1980. (b) That for the year 1981 the cost of the appraisal services will be determined in accordance with Section 6.06 of the Property Tax Code of Texas and each Taxing Unit will be assessed its share of such cost in accordance with the formula contained in Section 6.06(d) of the Property Tax Code of Texas. 8. Units agree that they shall promptly make payments to District of their sha of the cost assessed by District as follows: (a) For the year 1980 each Unit shall pay one quarter of its calculated share of cost on the following dates: (1) The lst payment to be:made to District May 20th. (2) The 2nd payment to be made to District July 20th. (3) The 3rd payment to be made to District September 20th. (4) The final payment to be made to District November 20th. a 226 MAR 2 7 1980 (b) For the year 1981 each Unit shall pay share of costs as set forth in Section 6.06 Code of Texas. 9. In the event that payments received in any one quarter of its calculated (e) of the Property Tax one year exceed the actual costs of providing services pursuant to this Contract, the District shall reimburse the Taxing Unit the excess funds. 10. The parties agree that any other Taxing Unit authorized under the provisions of the Property Tax Code to participate in the Lubbock Appraisal District may join in this Contract by agreeing to its terms and conditions. Should an additional Taxing Unit join in this Contract, then the District shall recalculate the total amount8�sdue from each Taxing Unit according to the formula used to calculate the original payment obligations. If any payments have been made to the District prior to the joining of the additional party, the remaining quarterly amounts due will be adjusted to reflect the recalculated total payments due. 11. In the event that the District budget is amended during the year 1981 in order to provide more money for the District, the District shall adjustothe remaining payments due from each Taxing Unit to include the increase. 12. District agrees to obtain surety bond for the chairman and secretary of the District Board of Directors and for the Chief Appraiser if same is given authorization to receive or disburse funds on behalf of the District. Such bond shall be payable to the District in the sum of $100,000.00 or less, as the District deems proper. The surety bond shall be executed by a solvent surety company. 13. Taxing Units agree to transfer at no charge to the possession and control of the District legible copies of all records necessary for the performance of the duties and responsibilities of the District pursuant to this Contract. 14. The Taxing Units hereby agree that the District is authorized to accept grants and contri- butions from any public or private sources not prohibited by law. 15. Each,.,Taxing Unit and the District understand and agree that this Agreement constitutes and expresses the entire Agreement between the parties hereto and shall not be amended or modified except by written instrumentsignedby both parties. 16. This Agreement is prepared in multiple copies to facilitate the execution thereof by the Taxing Units. The execution of any copy shall be construed as the execution of the whole. In Witness Whereof, the Taxing Unit and the District have executed this Agreement as of the first day above written. COOPER By _Lsl FRENSHIP By /5'/ IDALOU By� Is LUBBOCK By Isl NEW DEAL By Isl ROOSEVELT By Isl SHALLOWATER By Is SLATON By. Isl INDEPENDENT SCHOOL DISTRICTS ATTEST: /s/ ATTEST: /s/ ATTEST: /s/ ATTEST: /s/ ATTEST: ATTEST: /s/ ATTEST: /s/ ATTEST: /s/ CITIES, TOWNS AND VILLAGES IDALOU ATTEST: By Isl /s/ LAKE RANSOM CANYON VILLAGE By/s/ LUBBOCK By Isl Dirk West Dirk West, Mayor NEW DEAL By Isl ATTEST: /s/ ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer ATTEST: /s/ SHALLOWATER ATTEST: By /s/ /s/ SLATON ATTEST: By /s/ /s/ WOLFFORTH ATTEST: By /s/ /s/ OTHER TAXING UNITS LUBBOCK COUNTY ATTEST: By/s/ /s/ LUBBOCK COUNTY HOSPITAL DISTRICT ATTEST: By /s/ /s/ HIGH PLAINS UNDERGROUND WATER ATTEST: DISTRICT By /s/ /s/ YELLOWHOUSE CANYON WATER ATTEST: DISTRICT By /s/ LUBBOCK COUNTY APPRAISAL DISTRICT By /s/ Joe R. Horkey, Chairman ATTEST: 80-39-227-334 Ordinance No. 8032 (49) An ordinance creating Municipal Court of Record. This is the first step in creating the Municipal Court of Record. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinance No. 8032 on first reading. Motion carried: Mayor West, " Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. JCR:cl ORDINANCE NO. 8032 AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY DELETING THE EXISTING CONTENTS THEREOF AND SUBSTITUTING ' THEREFOR A NEW CHAPTER 9 ENTITLED "MUNICIPAL COURTS OF RECORD"; ESTABLISHING MUNICIPAL COURTS OF RECORD IN ACCORDANCE WITH VERNON'S ANN.CIV.ST. ART. 1200gg; PROVIDING FOR OPERATION OF SAID MUNICIPAL COURTS; PROVIDING FOR SUMMONING AND IMPANELING OF JURY PANELS AND PAYMENT OF JURORS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. Councilwoman Jordan requested permission to be excused from the meeting pending an out-of-town appointment for taking a d&sposition; the request was granted by Mayor West. 80-39-227-335 Ordinance No. 8025 (27) An ordinance approving the annexation for a tract of land described as the area lying generally northwest of the Idalou Highway and between Ursuline Street and Wood Avenue. The public hearing for annexing this tract of land was held March 13, 1980, at which time there was no opposition. The motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said Ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. i ORDINANCE NO. 8025 AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE. 228 i+7-1980.1 0-39-228-336 Ordinance No. 8026 (28) An ordinance establishing a 35 m.p.h. speed limit on Quirt Avenue between Idalou Road and Weber Drive. Quirt Avenue, between Idalou Highway and Weber Drive, is a divided thoroughfare with a section between East 19th Street and East 24th Street recently widened, thus justifying increasing the speed limit in this section. It is recommended that the speed limit be increased to 35 m.p.h., as opposed to 40 m.p.h., which exists on the north part of Quirt as this section passes Estacado High School and approaches the Airport. The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass said Ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. SMT:cl ORDINANCE NO. 8026 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF QUIRT AVENUE, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING -CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. W-39-228-337 Resolution No. 446 (29) A resolution authorizing the Mayor to execute an addendum to the funding agreement between the City of Lubbock and the Urban Renewal Agency of Lubbock. The Urban Renewal Agency asked the City to consider establishing an emergency revolving fund from the General Fund for the purpose of handling the Agency's immediate cash needs, said request is in the sum of $25,000. The revolving account would be reimbursed from the Letter of Credit requested to HUD as the money is used; the Agency would be accountable for the revolving fund at all times and subject to periodic audits by the City. The reason for this request is it involves cash needs of the Agency in performing rehabilitation and relocation activities. The Agency also uses many small contractors in rehabilitating housing units, said contractors often not having the financial resources or line of credit necessary to work without advanced cash. The City Attorney's Office has found no prohibitions or restrictions which would prevent the establishment of a revolving fund. Discussion from the Council reflected disapproval of advancing cash to contractors on which they would perform or operate in their rehabilitating duties; additionally, it could easily influence those matters placed open for bids. (See minutes of Work Session, 3/27/80.) Following discussion, the motion was made by Councilman Aderton, seconded by Councilman McAlister to approve Resolution No. 446 establishing a revolving fund for the Urban Renewal Agency, subject to the provision that no cash will be released or issued to contractors, said funds being utilized for acquisition and rehabilitation cost only. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. RESOLUTION NO. 446 WHEREAS, the CITY OF LUBBOCK, TEXAS and the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, have heretofore entered into a Community Development Funding Agreement for the purpose of undertaking and implementing a Community Development Plan pursuant to the Housing and Community Development Act of 1974, as amended; and WHEREAS, there is a continuing need for emergency funds to be made available to the AGENCY for use in connection with acquisition, and relocation activities being performed pursuant to the Community Development Funding Agreement; and WHEREAS, the CITY desires to make such emergency funds readily available to the AGENCY to facilitate the accomplishment of the public purpose; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Addendum to Community Development Funding Agreement Between the City of Lubbock and Urban Renewal Agency of the City of Lubbock, 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. M Ass, Passed by the City Council this 27th day of ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: /s/ W. M. McKamie W. M. McKamie, Assistant City Attorney STATE OF TEXAS COUNTY OF LUBBOCK March 1 1980. /s/ Dirk West DIRK WEST, MAYOR ADDENDUM TO COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK This Addendum to Funding Agreement is entered into on this 27th day of March , 1980 by and between the CITY OF LUBBOCK, a home -rule municipal corporation, hereinafter called "CITY", and the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, hereinafter called "AGENCY". WITNESSETH: WHEREAS, the CITY and AGENCY have heretofore entered into a Community Development Funding Agreement for the purpose of undertaking and implementing a Community Development Plan pursuant to the Housing and Community Development Act of 1974, as amended; and WHEREAS, there is a continuing need for emergency funds to be made available to the AGENCY for use in connection with acquisition and relocation activities being performed pursuant to the Community Development Funding Agreement; and WHEREAS, the CITY desires to make such emergency funds readily available to the AGENCY to facilitate the accomplishment of the public purpose; NOW THEREFORE, the CITY and AGENCY do hereby agree as follows: 1. Except as otherwise provided herein, all terms and conditions of the Community Development Funding Agreement between the City of Lubbock and Urban Renewal Agency of the City of Lubbock shall constitute and express the entire agreement of the parties. 2. The CITY hereby agrees to establish a revolving fund of Twenty- five thousand dollars ($25,000.00) to be made available to the AGENCY as a source of emergency funds. The AGENCY shall use said revolving funds only as needed in connection with Acquisition, and Relocation activities being performed pursuant to the Community Development Funding Agreement. Said revolving fund shall be created from the General Fund of the CITY; expenditures from the fund shall be reimbursed from Community Development Funds. Upon termination of this agreement the revolving fund shall be dissolved and the total amount of Twenty -Five Thousand Dollars ($25,000.00) shall be refunded to the General Fund of the CITY. In no event is the establishment of this revolving fund to be construed as an addition to the total amount of compensation specified in paragraph 6 of the Community Development Funding Agreement. 230 MAR :2 7 i IN WITNESS WHEREOF, the CITY and AGENCY have executed this Addendum to Funding Agreement as of the first date above written. CITY OF LUBBOCK Isl Dirk West DIRK WEST, MAYOR Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED: Isl Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: Isl W. M. McKamie W. M. McKamie, Assistant City Attorney URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS /s/ George Nelson, Chairman ATTEST: /s/ H. 0. Alderson, Secretary 0-39-230-338 Review the bids received by the Lubbock Housing Authority for the modification (30) for public housing units under the Fifth Year Community Development Block Grant Program and authorize contingencies to cover overruns. In the 5th Year CD Program, $80,000 was approved for modification of eight public housing units.,1or low-income and handicapped persons. Four units would be located at Hub Homes and four units would be located at Green -Fair Manor. The matter has been advertised for bids for construction, the lowest bid being $82,782 from Perry Harrison Construction Company. However, this bidder was unable to secure performance bonds and, therefore, was ineligible. The lowest bid for all eight units was from Pharr and Pharr Enterprises in the sum of $97,500. By deleting one unit from each Public Housing Project, the bid amount could be reduced and the low bidder would become Wardroup and Associates at $79,887. The alternatives are these: Alternative No. 1 Renovate all eight units for a total cost of $104,600.27, leaving an amount needed from contingency funds in the sum of $24,627; Alternative No. 2 Renovate six units at a total cost of $86,987.27, leaving the sum of $6,987.27 needed from contingency funds. Alternative No. 2 was the recommendation of the Lubbock Housing Authority. The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to approve Alternative No. 2, eliminating one unit from each Public Housing Project. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. -39-230-339 Resolution No. 447 (31) A resolution authorizing the Mayor to execute a partial paving release of paving improvements fora parcel of property abutting the Slide Road Curb and Gutter Assessment Program from 82nd—Street to 98th Street (GWO 10,988). This release removes a cloud on the title of the Lakeridge Country Club property which is below the high-water elevation at Lake #91. This property was included in the Assessment Ordinance No. 8013. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Resolution No. 447. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 232 JWF: cl RESOLUTION NO. 447 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 Partial Release of Paving Improvements, 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 27th day of March ,1980. /s/ Dirk West DIRK WEST, MAYOR ATTEST: _s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: Isl J. Worth Fullin.gim J. Worth Fullingim, Asst. City Attorney PARTIAL RELEASE WHEREAS, the City Council of the City of Lubbock passed its Resolution on February 28, 1980, giving notice of intent to make certain street improvement as therein designated, which Resolution was filed as a matter of record to inform the public in Volume 1680, pages 120-121 (inclusive) of the Deed Records of Lubbock County, Texas, reference to which record is made for all pertinent purposes; and, WHEREAS, the City Council of the City of Lubbock, after due consideration of the matters therein concerned subsequent to February 28, 1980, and after a public hearing held thereon on February 28, 1980, have determined that a certain paving item involves land below the high water mark of Lake No. 91 and no assessment lien need be levied therefor, and therefore should be deleted and released as an assessment item from the paving program; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: SECTION 1. THAT any cloud on title, if any, created by said Resolution of February 28, 1980, as against the following piece of property as a part of unit and sub -unit 2233-36 mentioned in said Resolution, since such property is below the high water mark of Lake No. 91 and there is no need for any assessment lien be made against the following described piece of property, which creates a need for release of such cloud on title, if any, so therefore any such cloud on title, if there is such a cloud, are hereby released, relinquished, and quitclaimed as against the following described piece of property as a part of said unit and sub -unit 2233-36; to wit: Beginning at a point which is South 0 degrees 1 minute 30 seconds West 755.00 feet and East 55.00 from the Northwest corner of Section 15, Block E-2, Lubbock County, Texas, said point being in the East property line of Slide Road; THENCE South 0 degrees I minute 30 seconds West along the East property line of Slide Road 1702.95 feet to a point; THENCE East 150.00 feet to a point; THENCE North 0 degrees 1 minute 30 seconds East 1702.95 feet to a point; THENCE West 150.00 feet to the POINT OF BEGINNING. 233 30-39-233-340 (32) SECTION 2. Any item or matter not herein specifically released is hereby specifically retained in all respects. Executed this 27th day of March , 1980. Isl Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Don Jennings. Don Jennings, City Engineer APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, on this day personally appeared DIRK WEST, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the (Seal) Resolution No. 448 27th day of March Isl Jackie Suter Notary Public, Lubbock County, Texas A resolution authorizing the Mayor to execute a partial release of.paving improvements for two parcels of property abutting additions to the 1979 Paving Assessment Program (GWO 10,976-A). This release removes a cloud created by the filing of an Intent to Pave in the Deed of Trust Records of Lubbock County. The area involved is located on North Akron Avenue from Stamford Street to Loop 289, and includes property on the west side of Tract A, Hillside Addition, which money had been prepaid at the time the subdivision was platted. It also includes a portion of York Drive from 62nd Street to 65th Street. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Resolution No. 448. Motion carried: Mayor West, Mayor Pro Tem. Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. JWF:cl RESOLUTION NO. 448 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 Partial Release of Paving Improvements, 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 27th day of. ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: Isl J. Worth Fullingim March /s/ Dirk West DIRK WEST, MAYOR J. Worth Fullingim, Asst. City Attorney 234 MAR 2 7 PARTIAL RELEASE WHEREAS, the City Council of the City of Lubbock passed its Resolution on December 12, 1979, giving notice of intention to make certain street and alley improvements as therein designated, which Resolution was filed as a matter of record to inform the public in Volume 745, pages 529-530 (inclusive) of the Deed of Trust Records of Lubbock County, Texas, reference to which record is made for all pertinent purposes; and, WHEREAS, the City Council of the City of Lubbock, after due consideration of the matters therein concerned subsequent to December 12, 1979, and after a public hearing held thereon on February 28, 1980, have determined that certain paving items have been prepaid or that improvements already exist as needed, and no assessment lien need be levied therefor, and therefore should be deleted and released as assessment items from the paving program; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: SECTION 1. THAT any cloud on title, if any, created by said Resolution of December 12, 1979, as against the following pieces of property as a part of units and sub -units 2234-91 and 2234-92 mentioned in said Resolution, since the cost for improvements abutting such properties have been prepaid or already exist as needed and there is no need for any assessment lien be made against the following described pieces of property, which creates a need for release of such cloud on title, if any, so therefore any such cloud on title, if there is such a cloud, are hereby released, relinquished, and quitclaimed as against the following described pieces of property as a part of said units and sub -units 2234-91 and 2234-92; to wit: Unit Number (1) 2234-91 (2) 2234-92 Property Description Reason for Release Tract A-1, Avalon Addition to Existing Paving City of Lubbock, Lubbock County, Texas Tract A -Hillside Addition, No. 1 Paving Cost Prepaid to the City of Lubbock, Lubbock County, Texas SECTION 2. Any item or matter not herein specifically released is hereby specifically retained in all respects. Executed this 27th day of March , 1980. Isl Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 80-39-234-341 Consider authorizing advertisement of "Notice to Bidders" for 1980 Street Main (33) Program and Miscellaneous Paving Program (GWO 3262). This Notice is for the purpose of the annual Summer Seal Coat Program covering 105 blocks throughout the City and overlaying two City parking lots. One parking lot is across the street north of the Police Department and the other is at the northwest corner of 9th and Avenue J. The estimated cost for the entire program is $280,000 budgeted from maintenance funds. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to authorize the Notice to Bidders advertisement for the referenced program. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. ce 235 MAV27- 1980, 39-235-342 Resolution No. 449 (34) A.resolution authorizing making a formal offer, and if not accepted, authorizing condemnation proceedings for a triangle of land out of Lot 11, Block 2, May Addition. This resolution authorizes an offer of $1,000 to Mr. Lee Webb for a small triangle of land out of Lot 11, Block 2, May Addition located at 2621 Avenue K. This right-of-way is necessary for the realignment of Avenue K. Mr. Webb has agreed to this amount offered. The motion was made by Councilman McAlister, seconded by Councilman Aderton to pass Resolution No. 449. Motion carried: Mayor West, Mayor Pro Tem. Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. JWF:bs RESOLUTION NO. 449 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of Avenue K (being a public street) in said City creating a need for additional right-of-way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A parcel of land out of Lot 11, Block 2, May Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at the most easterly corner of Lot 11, Block 2, May Addition; THENCE 30.00 feet in a southwesterly direction, along the southeast line of Lot 11, to a point; THENCE North 5'49'56" East a distance of 38.87 feet to a point in the northeast line of Lot 11; THENCE Southeast, along the northeast line of Lot 11, a distance of 23.28 feet to the PLACE OF BEGINNING. SECTION 2. THAT the owners of said land including LEE W. WEBB, a single man, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $1,000.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 27th day of March , 1980. /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 236 WARRANTY DEED THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT LEE W. WEBB, a single man, hereinafter called "GRANTOR", for and in consideration of the sum of ONE THOUSAND AND N01100 ($1,000.00) DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation, in cash, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the payment of which no right or lien, expressed or implied is retained: Have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the said CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, all that certain tract and parcel of land lying and being situated in Lubbock County, Texas, as follows: A parcel of land out of Lot 11, Block 2, May Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at the most easterly corner of Lot 11, Block 2, May Addition; THENCE 30.00 feet in a southwesterly direction, along the southeast line of Lot 11, to a point; THENCE North 5*49'56" East a distance of 38.87 feet to a point in the northeast line of Lot 11; THENCE Southeast, along the northeast line of Lot 11, a distance of 23.28 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging to the said CITY OF LUBBOCK, its successors and assigns, forever and the said GRANTOR does hereby bind himself, his heirs and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said CITY OF LUBBOCK, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS OUR HANDS this day of 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 LEE W. WEBB, 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. 1980. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public, Lubbock County, Texas (SEAL) MY Commission expires: 237 39-237-393 Resolution No. 450 (35) A resolution authorizing making a formal offer, and if not accepted, authorizing condemnation proceedings for all of Lot 10, Block 2, May Addition. This authorizes a formal offer to C. L. Franks and wife for all of Lot 10, Block 2, May Addition, located at 2619 Avenue K. This right-of-way is necessary for the realignment of Avenue K. The appraised value is $19,500 for the lot with home. The children of the Franks had requested the sum of $23,000 for the home, without the lot, and would be willing to clear the lot. The option would be to offer to purchase the home and lot for $23,000, resell the home to the Franks at 5% of market value, which is the sum of $21,850, and the Franks agreed to clear the referenced lot. Representatives of Mr. and Mrs. Franks were present in the Council Chambers and indicated this was agreeable. The motion was made by Councilman Aderton, seconded by Councilman McAlister to offer to purchase the house and lot for a sum of $23,000, resell the home only at 5% of market value for a sum of $21,850 with the understanding that the Franks will clear the lot of all debris, etc. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. JWF:bs RESOLUTION NO. 450 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of Avenue K (being a public street) in said City creating a need for additional right-of-way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: All of Lot 10, Block 2, May Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said land including C. L. FRANKS and wife, LOTTIE FRANKS, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $23,000.00, which is the amount appraised.as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 27th day of March , 1980. Isl Dirk West DIRK WEST, MAYOR ATTEST: .1sl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Tom Nivens Tom Nivens, Right -of -Way Agent Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 238 80-39-238-344 (36) THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT C. L. FRANKS and wife, LOTTIE FRANKS, hereinafter called "GRANTORS", for and in consideration of the sum of TWENTY-THREE THOUSAND AND NO/100THS ($23,000.00) DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation, in cash, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the payment of which no right or lien, expressed or implied is retained: Have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the said CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, all that certain tract and parcel of land lying and being situated in Lubbock County, Texas, as follows: All of Lot 10, Block 2, May Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging to the said CITY OF LUBBOCK, its successors and assigns, forever and the said GRANTORS do hereby bind themselves, their heirs and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said CITY OF LUBBOCK, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS OUR HANDS this day of LOTTIE FRANKS THE STATE OF TEXAS § COUNTY OF LUBBOCK § C. L. FRANKS BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared the said C. L. FRANKS and wife, LOTTIE FRANKS, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public, Lubbock County, Texas My commission expires: (SEAL) Resolution No. 451 A resolution authorizing the Mayor to execute a contract whereby the time for payment of a paving assessment lien would be extended in exchange for street dpd i pnt i M1 - This resolution authorizes a contract between the owners of KFYO and the City, whereby the City would extend the payment of the paving assessment lien over a period of five years; in exchange, the owners of KFYO would agree to dedicate the needed right-of-way at 82nd and Quaker Avenue. The motion was made by Councilman McAlister, seconded by Councilman Aderton to pass Resolution No. 451. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Council- woman Jordan absent. 239 JWF:pg RESOLUTION NO. 451 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 to Extend Time of Payment of a Paving Assessment Lien and Provide for the Continued Validity of Such Lien in Exchange for Street Dedication, 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 27th 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 day of April Isl Dirk West DIRK WEST, MAYOR CONTRACT TO EXTEND TIME OF PAYMENT OF A PAVING ASSESSMENT LIEN AND PROVIDE FOR THE CONTINUED VALIDITY OF SUCH LIEN IN EXCHANGE FOR STREET DEDICATION This agreement made as of the 27th day of March, 1980, by and between WEZY, INC., acting be and through its undersigned officers hereunto duly authorized, herein called"OWNER", and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipality located in Lubbock County, Texas, acting by and through its Mayor, herein called "CITY", said agreement becoming effective upon execution by both parties hereto. WITNESSETH: SECTION I. SUBJECT MATTER OF TRANSACTION The extension of time of payment of a paving assessment created by a City Paving Assessment Ordinance No. 7843 finally passed by City Council of City of Lubbock on October 11, 1979, and filed in the Deed Records of Lubbock County, Texas in Volume 1662, Pages 466-505 (inclusive). This assessment is secured by a lien to pay the cost of paving of 82nd Street, and curb and gutter adjacent to the following described tract of land, to -wit: "TRACT A" BEGINNING at a point which bears North 0002'46" East 65.00 feet and North 89'59'40" East 105.03 feet from the Southwest corner of Section 11, Block E-2, Lubbock County, Texas; Thence North 89'59'40" East 100.97 feet to apoint, said point being the Southwest corner of Lot 1, KFYO Addition to the City of Lubbock, Texas; Thence North 0'02'46" East along the West property line of said Lot 1, KFYO Addition a distance of 150.00 feet to a point; Thence South 80'59'40" West a distance of 131.00 feet to a point; Thence South 0'02'46" West 119.97 feet to a point, said point being the beginning of a curve in a southeasterly direction whose radius point bears South 89'57'14" East 30.00 feet; with a delta angel of 90'03'06", a tangent length of 30.03 feet and an arc length of 47.15 feet; Thence around said 30.00 foot radius curve tothe left an arc length distance of 47.15 feet to the POINT OF BEGINNING. 240 M�l For and in consideration of extension of time to pay off said lien assessed as above described and on the terms herein set forth, OWNER agrees immediately to execute and deliver to the City a Dedication Deed (on form submitted to OWNER by CITY) dedicating a tract of 14nd to the City and/or the Public for use as a public street (to form a part of 82nd Street) covering the following described real estate: BEGINNING at a point at the Southwest corner of Section 11, Block E-2, Lubbock County, Texas; Thence North 89'59'40" East 206.00 feet to a point; Thence North 00'02'46" East 65.00 feet to a point; Thence South 89'59'40" West 100.97 feet to a point, said point being the beginning of a 30 foot curve in a Northwesterly direction whose radius point bears North 00'00'20" West 30.00 feet and having a delta angle of 90'03'06" and having an arc length of 47.15 feet; Thence around said 30.00 foot curve in a Northwesterly direction an arc length of 47.15 feet to a point; Thence South 89'59'40" West 15.00 feet to a point, said point being in the East line of previous street dedication recorded in Volume 1184, Page 243 of the Deed Records at the Lubbock County Courthouse, Lubbock, Texas; Thence South 00*02'46" West along East line of said previous dedication a distance of 55.91 feet to a point; Thence South 89'57'00" West along the South line of said previous dedication a distance of 60.00 feet to a point; Thence South 00'02'46" West along the West line of Section 11, Block E-2, 39.12 feet to the point of BEGINNING. If said Dedication Deed is not received by City within 30 days after date of this agreement in form suitable for public recordation, then in such event this agreement may at option of the City be declared null and void, and no longer of any force or effect. SECTION II. For and in consideration of the City of Lubbock paying for the construct of said paving on 82nd Street and curb and gutter improvements in the amount of $4650.50, adjacent and abutting the hereinabove described remaining property, OWNER, its successors and assigns, as owner(s) of such remaining property, promise and do hereby by these presents promise to pay to the City the cost of such paving and curb and gutter assessed against OWNER on or before the end of the sixtieth (60th) month following the acceptance of the paving and curb and gutter improvements by the City of Lubbock. SECTION III. Should the hereinabove described paving assessment lien created on said Tract A be paid in whole or in part later than the sixtieth (60th) month following acceptance of said paving and curb and gutter improvements, then the City shall charge and OWNER, its successors and assigns, agree and obligate itself or themselves to pay six percent (6%) per annum interest from and after the end of said sixtieth (60th) month on the principal amount due or so much thereof that remains unpaid until paid in full. SECTION IV. OWNER, its successors and assigns, acknowledge the validity of the paving assessment lien created against said Tract A in the amount of $4650.50 for said paving and curb and gutter. OWNER agrees that the paving assessment lien on said Tract A and as described in said Ordinance shall remain valid, and this agreement shall in no wise be construed as a waiver or release by the City of Lubbock of said lien but same shall remain as security for this agreem and have the same force and effect as though a paving certificate were issued under the terms of the above described Ordinance. 241 0-39-241-345 (37) Executed by the parties in duplicate originals as of the date first written in this agreement. ATTEST: /s/ CORPORATION SECRETARY ATTEST: Isl Evelyn Caffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney THE STATE OF TEXAS § COUNTY OF WEZY, INC. BY: Isl TED H. TAYLOR, PRESIDENT CITY OF LUBBOCK BY: Isl Dirk West DIRK WEST, MAYOR BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared TED H. TAYLOR, President of Wezy, Inc., a Corporation, 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 as the act and deed of said corporation, in the capacity hereinabove stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public, Texas My commission expires: THE STATE OF TEXAS § COUNTY OF LUBBOCK § County, 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 sub- scribed 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 purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY..,HAND AND SEAL OF OFFICE this 27th day of March, 1980. Isl Jackie Suter Notary Public, Lubbock County, Texas My commission expires: 4-13-81 Ordinance No. 8027 An ordinance amending the Code of Ordinances pertaining to driving or parking of vehicles on landscaped areas owned by the City of Lubbock. The Parks and Recreation Department has asked the Police Department to ticket and tow away vehicles that are parked on the grass at certain parks. The Code of Ordinances does not contain such specific provisions, and the proposed ordinance would prohibit their driving and/or parking of a motor vehicle on a grassed area, or on public parks, or City - owned or maintained property. The Ordinance also makes it unlawful to drive a vehicle on landscaped or grassed areas or areas served by underground irrigation systems that are located on any property owned or maintained by the City of Lubbock. The discussion that followed reflected that the phrase "owned or maintained by the City" should be incorporated throughout. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8027 on first reading, subject to the incorporation of the phrase "owned and maintained by the City of Lubbock". Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 242 SMT:pg ORDINANCE NO. 8027 AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK, PROHIBITING THE DRIVING OR PARKING OF MOTOR VEHICLES ON GRASSED OR LANDSCAPED AREAS OR AREAS SERVED BY UNDERGROUND IRRIGATION SPRINKLERS, WHEN LOCATED ON PUBLIC PROPERTY OWNED OR MAINTAINED BY THE CITY OF LUBBOCK; PROVIDING FOR A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39-242-346 Resolution No. 452 (38) A resolution authorizing the Mayor to sign an agreement with the Lubbock Independent School District regarding swimming facilities for —Tit—le I program. The Park and Recreation Department has provided swimming facilities and safety personnel for the LISD Title I Summer Program for the last several years. The School uses Rodgers, Mae Simmons, and George Woods pools in the morning hours on days which do not conflict with other activities. The attendance has been ranged from 100 to 200 children. There is in the contract a sentence in Article V with regard to the School issuing a save and hold harmless statement; the discussion reflected this statement should be struck from the contract. The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass Resolution No. 452 authorizing the referenced contract, subject to the save and hold harmless clause stated in Article V of the contract being deleted. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. SMT: cl RESOLUTION NO. 452 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 Independent School District regarding swimming facilities for Title I Program, copy 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 27th day of March ,1980. Isl Dirk West DIRK WEST, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Lawrence Banks Lawrence Banks, Administrative Assistant Community Facilities APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Assistant City Attorney AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK Agreement made this 27th day of March , 1980, by and be- tween the City of Lubbock, hereinafter referred to as City, and the Lubbock Independent School District, hereinafter referred to as L.I.S.D. 243 in WHEREAS, it is to the mutual benefit of the City and L.I.S.D. to make use of the swimming facilities of the City to provide for the waterproofing of the Title I children of Lubbock, Texas, WITNESSETH: In consideration of the covenants hereinafter set forth, the City agrees to provide swimming facilities, on an availability basis, to L.I.S.D. for the limited purpose of waterproofing the intermediate students in the Title I Summer Program. The City further agrees to make available water safety personnel during the hours of operation of the swimming program contemplated by this agreement. L.I.S.D. hereby agrees to pay to the City from currently available revenues, the amount of $0.35 per participating student per visit to a City pool under the terms of this agreement. Such payment is to be made at the expiration of this agreement. This sum is not to exceed a total of $2,800.00 with the L.I.S.D. responsible for monitoring the program so that its obligation to the City shall not exceed this sum at the expiration of this agreement. L.I.S.D. further agrees to provide supervisory personnel for the purpose of maintaining discipline among the participating students. IV. The term of this agreement shall commence on June 10, 1980, and terminate on July 2, 1980, for designated hours only. V. It is expressly agreed that there shall be no liability for any failure of the City to provide the services agreed on due to unavailability of personnel or facilities. IN WITNESS WHEREOF, the City and L.I.S.D. have executed the agreement as of the date first above written. Executed this 27thday of March LUBBOCK INDEPENDENT SCHOOL DISTRICT By: /s Title ATTEST: /s/ 39-243-347 Resolution No. 453 (39) CITY OF LUBBOCK By: Isl Dirk West DIRK WEST, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary-Treas. APPROVED AS TO CONTENT: Isl Jim Weston Jim-Weston,-.Dir. of -Community Facilities APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Asst. City Attorney A resolution authorizing the Mayor to execute a contract between the City of Lubbock and the Texas Department of Community Affairs which extends the length and increases the monetary amount of the original contract for weatherizadon assistance for low income persons. This contract with the Texas Department of Community Affairs extends the original contract date to June 30, 1980, and increases the monetary amount from $24,570 to $30,282. The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass Resolution No. 453. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. DGV/pg RESOLUTION NO. 453 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 244 MAR 2 7 1980 execute for and on behalf of the City of Lubbock an Amendment #2 to Weatherizat-. Assistance for Low -Income Persons, Texas Department of Community Affairs, a copy of which is hereto 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 27th day of March '1980. Isl Dirk West DIRK WEST, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Denzel Percifull Denzel Percifull, Dir. of Public Services APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney AMENDMENT # 2 TO WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS TEXAS DEPARTMENT OF COMMUNITY AFFAIRS MEN STATE OF TEXAS COUNTY TRAVIS SECTION I. The Texas Department of Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department" and City of Lubbock, Community Services Department, hereinafter referred to as "Contractor", do hereby agree..and contract to amend their original contract as initially executed by the Executive ..Director of the Department effective September 1, 1979 for the operation of a Weatherization Assistance For Low -Income Persons project during the period of September 1, 1979 to February 29, 1980. The total of all payments and other obligations incurred by the Department as given in Section IV of such contract was not to exceed $24,570. SECTION II. The parties hereto agree to amend Section II, page 1 of 18 to read as follows: SECTION II. CONTRACT PERIOD All services to be performed by Contractor shall commence September 1, 1979 and shall terminate June 30, 1980, such period referred to herein as "contract period.', unless expressly provided otherwise herein. SECTION III. The parties hereto agree to amend Section III (A), page 1 of 18 to read as follows: A. PURPOSE Funds received pursuant to this contract shall be used for the development and implementation of a weatherization program to assist in achieving a healthful dwelling environ- ment and maximum practicable energy conservation in the dwellings of low-income persons, particularly elderly and handicapped low-income persons, in order both to aid those persons least able to afford higher energy costs and to 245 SECTION IV. The parties hereto agree to amend Section III(G)(2), page 8 of 18 to read as follows: 2. Contractor shall apply such approaches to weatherization as Department may specify; compliance with this require- ment shall be assessed in part on the basis of the docu- mentation Contractor is required to submit in Section III(j)(3) of this contract. For the purpose of maximizing the utiliza- tion of funds pursuant to this contract, weatherization materials are to be purchased for use only during the period of this contract. Contractor shall make an inventory of all materials and weatherization tools remaining on hand at the end of the contract period, and shall report the value of such materials and tools to Department by July 10, 1980. SECTION V. The parties hereto agree to amend Section 111(1)(2), page 9 of 18 to read as..follows: 2. The Contractor shall document and provide to Department before close of business on March 10, 1980 the following as evidence of the Contracotr's need to expend more than thirty percent (30%) on program support of the remaining balance of funds under this contract after allocations for administrative expenses, as described in Subsection E(l) of this Section, and liability dn­suxance, as described in Subsection E(2) of this Section: a. Written evidence of requests to a prime sponsor for CETA slots (regardless of whether the requests were funded or rejected). b. An assessment of the personnel slots needed for weatherization activities in comparison to those on hand. C. Where CETA slots are (or were) available but could not be filled, and an explanation of recruitment efforts. d. A comparison of homes weatherized per month with avail- able personnel in comparison -to the number to be weatherized per month with increased personnel . SECTION VI. The parties hereto agree to.amend Section 111(1)(3), page 9 of 18 to read as follows: 3. Contractor shall submit to the Department an original and four (4) copies of the following documents: a. Low -Income Weatherization Report (EIA-29A) b. Financial Status Report (SF-269) C. Monthly Weatherization Report; and d. State of Texas Purchase Voucher. Said documents shall be due at Department headquarters on the following specified dates and covering expenditures and activities made during the following designated time periods: a. March 1, 1980 covering February 1, 1980 through February 20, 1980; b. April 1, 1980 covering February 21, 1980 through March 20, 1980; C. May 1, 1980 covering March 21, 1980 through: April 20, 1980; d. June 1, 1980 coveting April 21, 1980 through May 20, 1980; e. July 1, 1980 covering May 21, 1980 through June 20, 1980; and f. July 15, 1980 covering June 21, 1980 through June 30, 1980. SECTION VII. The parties hereto agree to amend Section IV(A)(2), page 10 of 18 to read as follows• 2. In addition, upon full and satisfactory completion of Con- tractor's performance hereunder through June 30, 1980, including Contractor's weatherization of the minimum number of dwelling units specified in Section III(A) of this con- tract, title to all tools and weatherization equipment purchased by Contractor in accordance with Section III(E) of this contract shall vest in Contractor. 246 SECTION VIII. The parties hereto agree to amend Section IV(B)(2), page 10 of 18 to read as follows: 2. The Contractor shall submit requisitions for payment on a form like that made a part of this contract as Attach- ment B for the expenditures for which reimbursement is sought, with said requisitions for payment due at Depart- ment headquarters on the following specified dates and covering said expenditures made during the following designated time periods: a. March 1, 1980 covering February 1, 1980 through February 20, 198( b. April 1, 1980 covering February 21, 1980 through March 20, 1980; C. May 1, 1980 coveting March 21, 1980 through'...April 20, 1980; d. June 1, 1980 covering April 21, 1980 through, -May 20, 1980; e,.. July 1, 1980 covering May 21, 1980 through, -June 20, 1980; and f. July 15, 1980 covering June 21, 1980 through June 30, 1980. Department may, at its sole discretion, pay to Contractor twenty-five percent (25%) of the difference in the amount specified in Subsection D of this Section IV of this contract prior to tis amendment effective February 29, 1980, and the amount specified in Section IX of such amendment. Should Department so determine, such payment shall be made within a reasonable period of time after the execution of the afore- mentioned amendment to this�..contract and shall apply against Departmental liabilities accrued or to be accrued, pursuant to Subsection A of this Section IV. Otherwise, within thirty (30) days after receipt of the Contractor's properly completed requisition for payment, the Department shall pay, subject to the limitations cited below, to Contractor an amount equal to Departmental liabilities accrued as specified in Subsection A of this Section, but unpaid hereunder. SECTION IX. The parties hereto agree:.to amend Section IV(D), page 12 of 18 to read as follows: D. Maximum Department Liability Notwithstanding any other provision of this contract, Department shall not be liable hereunder to Contractor in a cumulative amount greater than Thirty Thousand Two Hundred Eighty Two and No/100 Dollars -( _� - $30, 82.00). SECTION X. The parties hereto agree to amend Section XXI(B), page 18 of 18 to -read as follows: B. The below enumerated and enominated attachments of the number of pages indicated are hereby made a part of this contract. 1. Attachment A - Low -Income Weatherization Report (EIA-29A) (one page); 2. Attachment-,-B,- Financial Status Report (SF-269) (one page); 3. Attachment C - Monthly Weatherization Report (one page); and 4. Attachment D - State of Texas Purchase Voucher (five pages). SECTION XI. The parties hereto contract and agree that all the terms of the above named contract and all amendments thereto executed prior to the effective date of this amendment shall remain in effect and shall continue to govern except to the extent that they conflict with this amendment. Nothing in this amendment shall be construed as authorizing a violation of federal, state or local laws or regulations as they pertain to such contract identi- fied above in Section I. By the signing of this-amendment,the parties expressly understand and agree that this amendment is hereby made a part of the contract identified in Section I above as though it were set forth word for word therein. Im 247 0-39-247-348 (40) WITNESS OUR HAND EFFECTIVE THIS 29th.-DAY OF FEBRUARY, 1980 Isl Dirk West Dirk West, Mayor City of Lubbock City of Lubbock, Community Services Department Approved and accepted on behalf of the Texas Department of Community Affairs. /s/ SID WIESER, Executive Director Texas Department of Community Affairs This contract is not effective until signed by the Texas Department of Community.'Affairs Executive Director or his authorized designee. REVIEWED: Ordinance No. 8028 DIVISION DIRECTOR Isl Samuel L. LEGAL DIVISION /s FISCAL DIVISION /s/AMMahrous by Victor Alonzo An appropriation ordinance for Change Order #1 (1/10/80) and Change Order #2 (3/13/80) to Pump Station #10 and Reservoir. 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 $9103.00 For the following purpose: Change orders for construction at Pump Station=--#10 and 10 m.g. reservoir: C. 0. No. 1--- C. 0. No. 2--- (WWO 11536) --- $5752.00 --- 3351.00 TOTAL $9103.00 Passed by the Council on first reading this 27th day of March 1980. Passed by the Council on second reading this 10th day of April 1980. sl Dirk West ATTEST: /s/ Evelyn Gaffga CITY SECRETARY -TREASURER VERIFIED BY: Isl J. Robert Massengale FINANCE OFFICER Water APPROVED BY:/s/ Wilford D. Watson, Utilities HEAD OF DEPT. DEPT. 248 80-39-248-349 Ordinance No. 8029 (41) An appropriation ordinance for engineering contract for two digesters. ORDINANCE NO. 8029 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Sanitary Sewer Capital Project Fund The sum $77,960.00 For the following purpose: Engineering contract with Parkhill, Smith & Cooper, Inc. for two digesters at Southeast Plant. Contract and City's Share ---------------- $97,600.00 Less land (City cost) ------------------- 5,000.00 Less City's share of engineering--------- 14,640.00 TOTAL $77,960.00 (GW0;10981) Passed by the Council on first reading this 27th day of March , 1980. Passed by the Council on second reading this 10th day of April 19 /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga CITY SECRETARY -TREASURER VERIFIED BY:/s-JRobert Mass FINANCE OFFICER APPROVED BY: /s/ Wilford D. W4 son, HEAD OF DEPT. I )EPT. Water Utilities The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8028 and Ordinance No. 8029 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 80-39-248-350 Resolution No. 454 (42) A resolution authorizing the Mayor to execute an engineering contract for renovating Southeast Water Reclamation Plant. JWF:bs RESOLUTION NO. 454 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and he is hereby authorized to execute for and on behalf of said City a contract to be entered into by and between said City and Parkhill, Smith & Cooper, Inc., Engineers - Architects -Planners of 4010 Avenue R, Lubbock, Texas, for engineering services in connection with the improvements at Plant No. 1 at the Lubbock 249 MAR 2 -7 1980 Southeast Water Reclamation Plant, 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 27th day of March Isl Dirk West DIRK WEST, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Wilford D. Watson Wilford D. Watson, Water Utilities Engineer �94 014 4 F Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney *NOTE: Agreement is attached to Original Resolution No. 454. 39-249-351 Ordinance No. 8030 (43) An appropriation ordinance from Sewer Capital Project Fund for engineering contract, referenced above. ORDINANCE NO. 8030 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; MENNNMM�•� BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Sanitary Sewer Capital Project Fund The sum $53,602.00 For the following purpose: Engineering contract with Parkhill, Smith & Cooper, Inc. for engineering to upgrade Southeast Reclamation Plant. AND IT IS SO ORDERED Passed by the Council on first reading this 27th day of March 1980. Passed by the Council on second reading this 10th day of April 1980. ATTEST: Isl Evelyn Gaffga CITY SECRETARY -TREASURER sl Dirk West MAYOR VERIFIED BY: Isl J. Robert Massengale FINANCE OFFICER APPROVED BY:/s/ Wilford D. Watson, Water U HEAD OF DEPT. DEPT. 250 80-39-250-352 (44) 80-39-250-353 (45) The City negotiate with the firm of Parkhill, Smith and Cooper, Inc., for the engineering contract renovating the Southeast Reclamation Plant. The contract is divided into four phases, with cancellation privileges by the City at the end of each phase. The total amount of the contract is $53,602. The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass Resolution No. 454, and to pass Ordinance No. 8030 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. Resolution No. 455 A resolution authorizing the Mayor to execute an engineering contract for controls and monitoring systems for water utilities. JWF:bs RESOLUTION NO. 455 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized to execute for and on behalf of said City a contract to be entered into by and between said City and Parkhill, Smith & Cooper, Inc., Engineers -Architects -Planners, of 4010 Avenue R, Lubbock, Texas, for engineering services in connection with improvements to the water system of the City of Lubbock in relation to the Bailey County Water Field, 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-27th day of ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: March , 1980. Isl Dirk West DIRK WEST, MAYOR Isl Wilford D. Watson Wilford D. Watson, Water Utilities Engineer APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney *NOTE: Agreement attached to Original Resolution No. 455. Ordinance No. 8031 An appropriation ordinance from Water Capital Project Fund for engineering contract, referenced above. ORDINANCE NO. 8031 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 $47,091.00 251 MAR 27 1980, For the following purpose: Engineering contract with Parkhill, Smith & Cooper,Inc. for Engineering on water systems improvement including well controls, pump station monitoring, distribution system pressure system monitoring. Contract for $47,019.00 (51% [$23,980.00] will be reimbursed from Federal Revenue Sharing Fund.) AND IT IS SO ORDERED Passed by the Council on first reading this 27th day of March 1980. Passed by the Council on second reading this 10th day of April 1980. Isl Dirk West MAYOR ATTEST: Isl Evelyn Gaffga CITY SECRETARY -TREASURER VERIFIED BY:/s/ J. Robert Massengale FINANCE OFFICER APPROVED BY:_/s/Wilford D. Watson, Water Util. HEAD OF DEPT. DEPT. This contract is similar to the above referenced contract regarding the reclamation plant; it too includes four phases with cancellation privileges and is in the total amount of $47,019. This contract is for the Bailey County Well Field controls, and is funded from the 1979 Bond Sale. The rehabilitation of local controls of the booster stations is funded by Revenue Sharing Funds. The sum from the Revenue Sharing Funds is $23,980; from the 1979 Bond Sale is $23,039. The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass Resolution No. 455, and to pass Ordinance No. 8031 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 39-251-354 Resolution No. 456 (46) A resolution authorizing the Mayor to execute the application for water rights at the Justiceburg site. 'Freese and Nichols has completed the Water Rights Application and all of the accompanying documents for the application for water rights at the Justiceburg site. This permit is vital to the Justiceburg Project and are special conditions to be considered because of our joint effort with the White River Water Authority, and possibly other entities. It is the recommendation of the Director of Water Utilities that the City work with and through Mr. Frank Booth, a well-known Austin attorney, to make the presentation before the Water Rights Commission representing the City of Lubbock. Mr. Booth is familiar with Water Law and with Water Contracts, and would be of assistance to us. His fee would be determined whenever the entire process is completed inasmuch as it is impossible to predetermine the amount of time and effort involved in such a presentation. The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass Resolution No. 456 authorizing the application for water rights for the Justiceburg site; additionally, authorizing the Staff to work with the referenced Austin attorney in presenting the application to the Water Rights Commission. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. JWF:bs RESOLUTION NO. 456 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City an application with respect to water rights at the Justiceburg site to be presented to the Texas Water Development Board, attached herewith which shall 252 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 27thday of March 1980. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, Water Utilities Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney TEXAS DEPARTMENT OF WATER RESOURCES APPLICATION FOR PERMIT TO APPROPRIATE PUBLIC WATER (SECTION 11.121, TEXAS WATER CODE) Application No.: Date Received: Hearing Set For: Date Granted: -------------------------------------------------------------------------- 1. Personal Data of Applicant: A. Name: City of Lubbock B. Mailing Address: P.O. Box 2000, Lubbock, Texas 79457 C. Telephone No.(s): 806/762-6411 2. Dam and Information and Data: A. Type of Storage Reservoir: Proposed on -channel reservoir. B. Location of Structure: (1) Watercourse: South Fork of the Double Mountain Fork of the Brazos River, Brazos River Basin. (2) From County Seat and nearby town: a. Location from County Seat: 21 miles in a southeast direction from Post, Garza County, Texas. b. Location from nearby town (if other than County Seat): Eight miles in an easterly direction from Justiceburg, a nearby town shown on county highway map. (3) Station 0+00 on the centerline of the dam is S 29°30'W (bearing) 5,000 feet (distance) from the northwest corner of Section 55 of Block 5 of Houston and Great Northern Railroad Co. Original Survey, Abstract No. 120, Kent County, Texas. (4) Location of Dam: Section 55 of Block 5 of Houston and Great Northern Railroad Co. Original Survey, Abstract No. 120, Kent County, Texas; Section 56 of Block 5 of Houston and Great Northern Railroad,Co. Original Survey, Abstract No. 466, Kent County, Texas; Section 69 and 70 of Block 5 of Houston and Great Northern Railroad Co. Original Survey, Garza County, Texas. C. Reservoir: (1) Acre-feet of water impounded by structure at normal maximum operating level - 115,937 (2) Surface area in acres of reservoir at normal maximum operating level - 2,884 D. This is not a U.S. Soil Conservation Service floodwater -retarding structure. E. This drainage area above the dam is 394 square miles. 253 80-39-253-355 (50) 3. APPROPRIATION: A. Appropriated water will be used as follows: Purpose (1) Municipal (2) Recreation (3) Construction B. Diversion: Place of Use City of Lubbock Reservoir At dam site during construction Acre -Feet per Annum 35,000 0 200 (1) Location of point of diversion S 43000'W, (bearing) 6,500 feet (distance)from..the northwest corner of Section 55 of Block 5 of Houston and Great Northern Railroad Co. Original Survey, Abstract No. 120, Kent County, Texas. (2) Location from nearby town: Eight miles in an easterly direction from Justiceburg, a nearby town shown on attached vicinity map. (3) The diversion will be from -a proposed on -channel reservoir. (4) Rate of Diversion: a. Maximum 31,200 gpm b. Diversion Facility 1. If by pumping plant: a. Number of pumps 6 b. Type of pump vert. turbine C. Horsepower 4,350 d. Total Head 415 feet e. Pump capacity each pump 5,200 gpm f. Pumps are not portable 2. If by gravity: not by gravity C. Return Water or Return Flow Water which is diverted but not consumed as a result of the above stated use will be returned to the City's sewage treatment plant, on the North Fork of the Double Mountain Fork of the Brazos River, Brazos River Basin. D. Surplus Water Water which is diverted but not used beneficially will be returned to the South Fork of the Double Mountain Fork of the Brazos River at a point S 04'45'E (bearing) 3,500 feet (distance) from the northwest corner of Section 55 of Block 5 of Houston and Great Northern Railroad Co. Original Survey Abstract No. 120, Kent County, Texas. 4. General Information: A. The proposed works will be located on land acquired by eminent domain. B. No irrigation is proposed. C. If a permit for the appropriation is granted, either in whole or in part, construction works will be begun within two years after such permit is issued. The proposed work will be completed within five years from, -the date of issuance of permit. 5. Maps, plats, and drawings accompany this application as required by the Commission's Rules. Witness my hand at Lubbock, Texas, this the 27th day of March, 1980. Isl Dirk West Dirk West, Mayor City of Lubbock Subscribed and sworn to as being true and correct before me on this the 27th day of March, 1980. Isl Jackie Suter Notary Public, Lubbock County, Texas (Seal) Resolution No. 459 Consider contract for services for court reporter for Municipal Court, and authorize same. All court reporting firms were contacted concerning their interests in the required services for the Municipal Court of Record. Their responses are: 1. Curtis D. Ruff -- Interested in contracting. 2. Dale Dye -- Not interested. 3. Terry Gail Hooper -- Has not responded. 4. Rogers, Harvey and Associates -- Interested but cannot guarantee coverage. 254 , �m The proposed contract with Mr. Ruff is in the sum of $16,000 annually, which provides for one certified court reporter, when needed. Additional court reporters will be provided, if needed, at a rate of $50 per 1/2 day or $100 per day. The contract is for an indefinite term and is cancellable by either party on 30 days notice. The motion was made by Councilman Aderton, seconded by Councilman McAlister to pass Resolution No. 459. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. DGV:bs RESOLUTION NO. 459 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 Professional Services between the City of Lubbock and Curtis D. Ruff & Associates, Court Reporters, 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-27th day of March 1980. Isl Dirk West DIRK WEST, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney CONTRACT FOR PROFESSIONAL SERVICES THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS CONTRACT, entered into on this the 27th day of March 1980, by and between the City of Lubbock, hereinafter referred to as "City" and Curtis D. Ruff, Court Reporter, hereinafter referred to as "Reporter". WITNESSETH: City and Reporter mutually agree as follows: 1. SCOPE OF SERVICES The Reporter hereby agrees and binds himself to furnish to City one Certified Court Reporter who will provide necessary court reporting services to the City's Municipal Court of Record established in accordance with Art. 1200gg, Vernon's Annotated Texas Statutes. In addition Reporter agrees in those instances where more than one reporter is needed to adequately perform the services herein contemplated, that he will upon request provide an additional court reporter to City. 2. COMPENSATION City hereby agrees to compensate Reporter at the rate of $16,000.00 per year for a full-time court reporter furnished to the City as hereinabove provided. City further agrees to pay Reporter the sum of $50.00 per one-half day for the services of an additional court reporter as hereinabove provided. It is further agreed that in the event the additional court reporter is required to work more than four hours, then in such event, the City agrees to compensate Reporter at the rate of $100.00 per day for additional reporter services. 255 MAR .2,7 1980,, 3. PERIOD OF CONTRACT This contract shall take effect on its date of execution hereinafter set forth and shall remain in effect until termination by either party as hereinafter provided. 4. INDEPENDENT CONTRACTOR Nothing contained herein shall be construed as creating the relationship of employer and employee between City and Reporter, and the Reporter shall be deemed at all times to be an independent contractor. 5. INDIGENT DEFENDANTS In the event that the court orders the Reporter to prepare a record on appeal without charge to the defendant, the City shall pay for the record at the same rate that is charged for the same service in the County Courts at Law of Lubbock County. 6. TERMINATION This contract may be terminated by either party upon the giving of 30 days written notice of said party's intention to terminate this contract. Notices shall be sufficiently given if they are addressed to: City of Lubbock, Texas, Legal Department, P.O. Box 2000, Lubbock, Texas, 79457, and to Reporter at: Curtis D. Ruff & Associates, Certified Shorthand Reporters, 1014 Broadway, Lubbock, Texas, 79401. EXECUTED as of the date hereinabove first written. CITY OF LUBBOCK, TEXAS Isl Dirk West DIRK WEST, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney CURTIS D. RUFF & ASSOCIATES BY:/s/ Curtis D. Ruff Curtis D. Ruff 80-39-255-356 Resolution No 460 (51) A resolution authorizing the Mayor to execute a lease agreement with Air Midwest, Inc. for ticket counter space and sundry rights and privileges at the Lubbock International Airport. Air Midwest is a regional carrier serving Oklahoma, Kansas, and Colorado (Turbo Prop Air Craft), and the lease agreement is for ticket counter space and other rights and privileges at the Lubbock International Airport. The motion was made by Councilman McAlister, seconded by Councilman Aderton to pass Resolution No. 460. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. SMT:bs RESOLUTION NO. 460 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 Certificated Passenger Airline Lease with Air Midwest, Inc. for ticket counter space and sundry rights and privileges at the Lubbock International Airport, a copy of which is attached herewith which shall be spread 256 MAR 2 7 1980 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 27th day of March 1980. Isl Dirk West DIRK WEST, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer /s/ Susan M. Tom Susan M. Tom, Assistant City Attorney CERTIFICATED PASSENGER AIRLINE LEASE Lubbock International Airport Lubbock, Texas THIS LEASE AGREEMENT, made this 27th — day of March 1980 , by and between the City of Lubbock (hereinafter referred to as ','City"), and Air Midwest, Inc., a corporation incorporated under the laws of the State of Kansas with its principle office at Wichita, Kansas (hereinafter referred to as "Lessee"). WITNESSETH WHEREAS, City owns and operates Lubbock International Airport, located in Lubbock County, State of Texas (hereinafter referred to as "Airport"), and WHEREAS, Lessee is engaged in the business of air transportation with respect to persons, property, and cargo, and is certificated by the Civil Aeronautics Board to furnish said service through Lubbock International Airport, and WHEREAS, City is currently operating a terminal building at said Airport and said building includes space for airline ticketing and operation facilities, and WHEREAS, Lessee desires to lease certain premises and facilities in the terminal building and to obtain certain rights in connection with and on the Airport, NOW THEREFORE, for and in consideration of the mutual covenants hereof, City hereby leases to Lessee and Lessee hereby hires and takes from City certain exclusive premises (hereinafter called "Leased Premises"), and certain non-exclusive use facilities, rights and privileges in connection with and on the Airport, as hereinafter described, upon the terms and conditions as follows: ARTICLE I LEASED PREMISES AND USES Section 1.01 - Description of Exclusive Leased Premises. The exclusive Leased Premises shall be comprised of 144 square feet, more or less, in the terminal building for ticket counter space. The location of the Leased Premises is designated in colors on Exhibit A attached hereto and by this reference made a part hereof. Section 1.02 - Description of Non-exclusive Use Premises. In addition to the exclusive Leased Premises hereinabove defined, Lessee is hereby granted the Non-exclusive use, in common with others authorized so to do, of such space and facilities as may be designated by City in and adjacent to the terminal building, which space and facilities, without limiting the generality hereof, shall consist of: (A) Ground area for the taxiing of aircraft. (B) Space for a reasonable amount of Lessee's apron equip- ment. (C) Loading gates. (D) Vehicular parking space, as available, in the Employee Parking Lot for the use by Lessee and its employees. 257 77 Such space shall be at locations designated by City in common with other airport employees and the use therof shall be provided at same charge per month as estab- lished for other airport employees. Section 1.03 - Description of Privileges, Uses and Rights. Lessee shall be entitled, in common with others authorized so to do, to the general use of all public airport facilities and improvements which are now or may hereafter be connected with or appurtenant to the Airport, except as hereinafter provided. For the purpose of this lease, "public airport facilities" shall include, but not be limited to, approach areas, runways, taxiways, aprons, aircraft parking areas, roadways, sidewalks, navigational and avigational aids, lighting facilities, terminal facilities, or other public facilities appurtenant to the Airport. Lessee's use of said public airport facilities shall be for the sole purpose of operating a transportation system by aircraft for the carriage of persons, property, and cargo, (hereinafter referred to as "Air Transportation"), which use, without limiting the generality hereof, shall include: (A) The handling, ticketing, billing and manifesting of passengers, baggage, and cargo, in air transportation by Lessee or on behalf of any other certificated pas- senger air transportation company having a valid lease with City. (B) The repairing, maintaining, conditioning, servicing, testing, parking or storage of aircraft or other equip- ment operated by Lessee, or of any other certificated passenger air transportation company. Such right and the rights referred to in Subparagraphs (C) and (D) below shall not be construed as authorizing the conduct of a separate business by Lessee, but shall permit Lessee to exercise such rights only in connection with its conduct of air transportation. (C) The training on the Airport of personnel in the employ of or to be employed by Lessee or any other certificated passenger air transportation company. (D) The sale, lease, transfer, disposal or exchange of Lessee's aircraft engines, accessories, and other equip- ment or supplies. Said right shall include the sale, lease, transfer or disposal of any article or goods used by or bought for use by Lessee in connection with its conduct of air transportation; provided however, that Lessee shall not: (1) Sell food or beverages, except for consumption by passengers on the aircraft and as provided in Subparagraph (I) of this Section 1.03. (2) Sell gasoline, fuel, propellants, greases or other lubricants. (E) The servicing by Lessee's employees or others under control of Lessee of aircraft and other equipment operated by Lessee on the apron, by truck or otherwise, with gasoline, oil, greases, lubricants and any other fuel or propellant or other supplies required by Lessee. All of which shall include, without limiting the general- ity hereof, the right of Lessee to install and maintain on the Airport subject to terms and conditions mutually agreeable to the parties hereto adequate storage faci- lities for such gasoline, oil, greases, lubricants and other fuel or propellant or supplies, together with the necessary pipes, pumps, motors, filters and other ap- purtenances incidental to the use thereof, and the in- stallation and maintenance of pipes in connection with such facilities as well as a pipeline or lines between Lessee's source of supply and said storage facilities. Lessee shall submit to City for its written approval complete written plans and specifications for such storage facilities prior to installation. Lessee's exercise of its rights hereunder shall be subject to the execution by the parties hereto of a separate lease on such terms, conditions and consideration, as may be mutually agreed upon. In connection with the execution of any such lease, City now agrees and hereby becomes obligated to make available for Lessee's use adequate and convenient rights -of -way on the Airport for said pipelines; provided, however, that Lessee shall be responsible for the cost of all excavation, resurfacing, construction, instal- lation, maintenance and operation thereof and further provided that Lessee shall restore the surface of the Airport. In the event Lessee discontinues the use of said storage facilities or pipelines, Lessee agrees to remove said storage facilities or pipelines and restore the surface of the Airport affected by such removal to their original condition to the satisfaction of the City. (F) The landing, taking off, flying, taxiing, towing, parking, loading and unloading of Lessee's aircraft or other equipment operated by Lessee, used in the operation of scheduled, shuttle, courtesy, test, training, in- spection, emergency, special charter, sight-seeing and W. MAR 2 7 1980 , . other flights. All of which shall incidentally include, without limiting the generality hereof, the right to load and unload Lessee's aircraft, or the aircraft of any other certificated passenger air transportation company having a valid lease with City, adjacent to a convenient entrance to the terminal building at loading gates located on the loading apron at points to be de- signated by City; provided, however, that flights carrying cargo or freight only shall load and unload at convenient and accessible points to be designated by City. (G) The loading and unloading of property, and cargo, at said Airport by such motor vehicles or other means of conveyance as Lessee may desire or require in the operation of its air transportation system, with the right to designate the particular carrier or carriers who shall regularly transport Lessee's property, and cargo, to and from the Airport. (H) The right to install, maintain and operate, for its own use, either by Lessee alone, or by Lessee in conjunction with others who are Lessees at the Airport, or through a nominee, a message system or other communication systems between suitable locations. The installation, mainten- ance and operation of a message/communication system shall be without cost to City, and subject to reason- able rental payments by Lessee to the City for any space used, as well as the prior written approval of City as to location, plans and specifications. (I) The right to provide food and beverages for consumption aloft by passengers and crews of Lessee or by passengers and crews of any other certificated passenger airline or for consumption by said passengers and crews grounded at the Airport because of weather or mechanical con- ditions. Such food and beverages may be served only in Lessee's exclusive space when such food and beverages were originally scheduled to be served to such passengers and crews aloft. Except to the extent hereinabove speci- fically provided, nothing in the Subparagraph (I) shall be deemed to give Lessee the right on the Airport to maintain or operate a cafeteria, restaurant, vending machines, bar or cocktail lounge for the purpose of selling or in any manner otherwise providing for the sale of food or beverages to the public. (J) The right to place or replace existing signs identifying Lessee's business on and in the terminal building. Said signs shall be substantially similar to existing signs as to size, type and location. A change in existing signs as to number, general type, size, design, and location shall be subject to the written approval of City prior to installation. Such installation and op- eration shall be without cost to City. (K) The right to install, maintain and operate by Lessee alone, by Lessee in conjunction with any other certi- ficated passenger air transportation companies who are lessees at the Airport, or through a nominee, such radio communications, meterological and aerial navi- gation equipment and facilities in or on premises leased exclusively to Lessee, without cost to the City and sub- ject to the written approval of City as to location, method and type of installation prior to installation. (L) The right, except as herein otherwise specifically pro- vided, to purchase or otherwise obtain personal property of any nature (including, but not limited to, gasoline fuel, propellants, lubricating oil, grease, food, bev- erages and other materials, equipment and supplies) deemed by Lessee necessary or incidental to its operations, its exercise of the rights herein granted and its dis- charge of the obligations herein imposed. Said purchases may be made through any person, partnership, firm, association or corporation lessee may choose. (M) The rights and privileges granted the Lessee under Sub- paragraph (E), (G), (H), and (K), of this Section 1.03 may be exercised by Lessee for and on behalf of any other certificated passenger air transportation company of by or through a nominee of Lessee. Said nominee shall be subject to the prior written approval of the City. It is specifically provided, however, that any such nominee shall have no greater rights than Lessee hereunder. 259 Section 1.04 - Rights and Privileges Specifically Excluded. Except as specifically provided for in Section 1.03, nothing herein shall be deemed to give Lessee any right or permission to sell at the Airport any goods or services to the public, other than related air transportation services. This prohibition includes, without limiting the generality of the foregoing, insurance sales except when not otherwise available to the Airport. Section 1.05 -Right of Ingress and Egress. City hereby grants the right of ingress to and egress from but not the use of, except as provided in this lease, the Leased Premises and facilities referred to in Sections 1.01 and 1.02 for Lessee, its employees, agents, passengers, guests, patrons, its suppliers of materials or furnishers of service, its aircraft, equipment, vehicles, machinery and other property. Said rights shall be subject to such ordinances, rules and regulations as may now or hereafter have application at the Airport and shall be without charge, except as herein otherwise provided. ARTICLE II TITLE TO LESSEE Section 2.01 - Installed Improvements and Property. All improvements, equipment and other property bought, installed, erected or placed by Lessee in, on or about the Airport and the Leased Premises shall be deemed to be personalty and remain the property of Lessee, except as may constitute fixtures attached to the building or premises, which if removed would damage or impair the use of such building or premises. ARTICLE III OBLIGATIONS OF CITY Section 3.01 - Right to Lease Property. City represents that it has the full right to lease that portion of the Airport referred to herein, together with all the premises, facilities, rights, licenses, services and privileges herein granted, and has full power and authority to enter into this lease in respect thereof. City further represents that all things have happened and been done to make its granting of this lease effective and City warrants to Lessee peaceful possession and quiet enjoyment of the Leased Premises, appurtenances, facilities, rights, license and privileges during the term hereof, upon performance of Lessee's covenants herein. Section 3.02 - Maintenance and Operation of Airport. Except as otherwise specifically provided herein, City shall, during the term of this lease, operate, maintain and keep in good repair the terminal building, terminal apron and all public airport facilities and services now or hereafter connected with the Airport, which City has agreed to furnish and supply hereunder. City shall not, however, be required to perform maintenance and make repairs occasioned by the negligence of Lessee or its employees, agents, servants, patrons, and invitees, in which case City may perform such maintenance or make such repairs as necessary and charge the cost of same to Lessee, provided Lessee has failed to perform such maintenance or make such repairs within a reasonable time after a request in writing from City so to do. City shall keep the Airport free from obstructions, including the clearing and removal of grass, stones, snow and ice, or other foreign matter as reasonably necessary and with reasonable promptness from the runways, taxiways and loading areas in order to insure the safe, convenient and proper use of the Airport by Lessee. City shall maintain and operate the Airport in all respects in a manner at least equal to the standards or rating issued by the Federal Aviation Administration for airports substantially similar in size and character and in accordance with all rules and regulations of the Federal Aviation Administration and any other governmental agency having jurisdiction thereof. Nothing herein contained shall be deemed to require City to enlarge the Airport or to make the extensions or additions to the landing areas, runways, taxiways or other appurtenances of the Airport. It is further understood and agreed that City may abandon certain facilities which are no longer reasonably justified for proper and adequate operation of the Airport. The obligations assumed by City under this Article III shall not obligate City, except as provided in Article X hereof, to repair or rebuild any of said facilities at said Airport in the event of damage by the elements, fire, explosion, or other causes beyond the control of City. City shall keep the public and passenger space in the terminal building adequately supplied, equipped, furnished and decorated and shall operate or cause to be operated and maintained adequate directional signs in said spaces and in all other public spaces on the Airport. Said signs shall include, but not be limited to, signs indicating the location of all public restaurants, rest rooms, newsstands, telegraph offices, baggage counters and all other facilities for passenger or public use in the terminal building or elsewhere on the Airport. City shall provide and supply adequate heat, conditioned air, light and water for the public and passenger space in the terminal building. City shall also provide and supply adequate lighting for vehicular parking spaces and aircraft loading ramp and adequate field lighting including, without limiting the generality hereof, landing lights and beacons. City shall also provide janitors and other cleaners necessary to keep the public and passenger space, including that exclusive leased area in front of the ticket counters, and the landing area of the Airport clean, neat, orderly, sanitary and presentable at all times. Section 3.03 - Maintenance and Services in Lessee's Exclusive Space. City shall be responsible for and shall perform exterior building maintenance and structural maintenance throughout the Leased Premises and, at no additional charge, provide the following services to Lessee in the Leased Premises: (A) Building heat and air conditioning (during the period of the year when such service is provided in the public areas of the terminal building). 260 (B) Exterior window washing at periodic intervals, as re- quired to provide a clean attractive appearance. (C) Maintenance of mechanical and electrical systems in- stalled by City, excluding relamping behind and above ticket counter. Section 3.04 - Governmental Facilities. It is expressly agreed that if funds for the provision; maintenance and operation of the Control Tower, Instrument Landing System, and/or other air navigation aids or other facilities required or permitted by the United States Government and needed by Lessee or Lessee's operation at the Airport and which are now or may hereafter be furnished by the United States Government are discontinued by the United States Government, City shall not be re- quired to furnish said facilities. Section 3.05 - Restaurants. City agrees to provide space in the terminal building for a restaurant or coffee shop for the purpose of selling food and beverages to the general public. City agrees to require the operator of said restaurant or coffee shop to furnish employees of Lessee and air passengers food and beverages of good quality and reasonable rates. ARTICLE IV OBLIGATIONS OF LESSEE Section 4.01 - Maintenance of Leased Premises. Except for exterior building and structural maintenance by City, as provided in Section 3.03, Lessee shall be obligated, without cost to City, to maintain its exclusive Leased Premises and every part thereof including, but not limited to, the Counter shell and the outbound baggage system in good order, repair and safe condition. Lessee shall, at its own expense, provide janitorial services in the Leased Premises. Said services may be provided by Lessee alone, by Lessee in conjunction with other certificated passenger air transportation companies who may hereafter be lessees at the Airport, or a nominee of Lessee who shall be approved by the Director of Aviation. Lessee shall relamp light fixtures as necessary, and shall repaint the interior of the Leased Premises as necessary but not less than once every three years. All such maintenance, repairs, and replacements shall be of quality equal to the original condition in materials and workmanship. All paint colors or schemes shall harmonize with the decor of the passenger terminal area subject to the prior approval of Director of Aviation. Section 4.02 - Porter Service. Lessee may, at its option, provide porter service for the convenience of its passengers in and adjacent to the baggage claim area of the terminal building. Said service may be provided by Lessee alone, by Lessee in conjunction with other certificated passenger air transportation companies who may hereafter be Lessees at the Airport, or a nominee of Lessee who shall be approved by the Director of Aviation. Section 4.03 - Alterations, Additions or Replacements. During the term of this Lease, Lessee shall make no alterations, additions, or replacements in the leased premises without the prior written approval of City. Lessee shall likewise obtain prior approval from City before installing, at its own expense, any additional equipment which requires new electrical or plumbing connections or changes in those already installed on the Leased Premises. Section 4.04 - Removal and Demolition. Lessee shall not remove or demolish, in whole or in part, any improvements that already exist on the Leased Premises without the prior written consent of City which may, at its discretion, condition such consent upon the obligation of Lessee to replace the same improvements specified in such consent upon termination of this lease. City shall not withhold consent unreasonably and shall not impose unreasonable condition in its consent. Section 4.05 - Trash and Garbage. Lessee shall provide at its expense a complete and proper arrangement for the adequate sanitary handling and disposal, away from the Airport, of all trash, garbage and other refuse caused as a result of its operations on the Airport. Lessee shall provide and use suitable covered metal receptacles for all garbage, trash and other refuse on or in connection with Lessee's areas. Piling of boxes, cartons, barrels or other similar items in an unsafe manner in or about Lessee's premises shall not be permitted. Section 4.06 - Taxes and Licenses. Lessee shall pay all taxes of whatever character that may be lawfully levied or charged upon Lessee's Leasehold improvements or operations hereunder and upon Lessee's rights to use the Leased Premises. Lessee shall obtain and pay for all licenses or permits necessary or required by law for the construction of any additional improvements, the installation of equipment and furnishings, and any other licenses necessary for the conduct of its air transportation services. City shall assist Lessee where necessary in obtaining said permits. Section 4.07 - Rules and Regulations In conducting its operations hereunder, Lessee shall comply with all applicable laws of the United States of America and the State of Texas; the rules and regulations promulgated by their authority with reference to aviation and air navigation; and all reasonable and applicable rules, regulations and ordinances of City now in force or hereafter prescribed or promulgated by authority or by law. 261 MAR 2�1 1980, rW3%1_*U*XWA N I OF �W Section 5.01 - Term. The term of this Lease shall be for a period of sixteen (16) years commencing on the day of , 19 , or date of beneficial occupancy subject, however, to earlier termination as hereinafter provided under Article XI and Sections 6.07 and 10.03, and to the renegotiation of the Maintenance and Operation portion of the rentals and fees hereinafter provided ninety (90) days prior to the third anniversary year of this Lease. In the event that no written demand for renegotiation is made by either party at least ninety (90) days prior to the third anniversary year, the rentals and fees then current shall apply for the succeeding three-year period. ARTICLE VI RENTALS AND FEES Section 6.01 - Rental for Exclusive Terminal Building Space. Rental for the leased premises in the terminal building as described in Section 1.01, shall be as follows: Exclusive Area: 144 Sq. Ft. of exclusive leased space at the rate of $8.25 per sq. ft. per year or $1,188.00 per year. The aforesaid rental rate of $8.25 is broken down as follows: $5.63 fixed fee to cover debt service and $2.62 for maintenance and operation. The $2.62 Maintenance and Operation portion is subject to adjustment every three years to reflect actual cost, however, in no event shall it exceed the CPI changes for the same three year period. Lessee shall, within six (6) months of date of execution of this lease, complete arrangements to provide a permanent ticket counter and other agreed upon office and operational facilities. Section 6.02 - Landing Fee. The fee for the use of the landing area and facilities necessary therefor as granted hereunder, except those for which rentals are specifically provided elsewhere herein, shall be as follows: 25 cents effective October 1, 1976 30 cents effective October 1, 1979 32.5 cents effective October 1, 1981 35 cents effective October 1, 1983 40 cents effective October 1, 1986 45 cents effective October 1, 1989 50 cents effective October 1, 1992 perl,000 pounds of the approved maximum gross landing weight of each actual flight operated. Five hundred (500) pounds or any larger part of one thousand (1,000) pounds shall be counted as a whole one thousand (1,000) pounds and any smaller part shall be disregarded. Lessee shall file with the City, acting by and through its Director of Aviation, not later than the fifth day of each month, lessee's actual landings at the airport for the preceding month, which shall include the number and type of aircraft making such landings. The term "approved maximum gross landing weight" for any aircraft, as used herein, shall be the maximum landing weight approved by the Federal Aviation Administration for landing such aircraft at the airport. Lessee shall provide the City such "approved maximum gross landing weights" for each type of aircraft it operates at the airport. Section 6.03 - Rental for Common Use Area. (A) Common Bag Claim Area The bag claim area comprises a total of approximately 8,316 sq. ft., as shown on Exhibit B attached hereto and by the reference made a part hereof and the air carriers have jointly agreed to accept responsibility for payment of rent on the bag claim area. Rent shall be charged jointly to all certificated passenger air transportation companies which now or may hereafter have valid leases at the Airport at the rate of $8.25 per sq. ft. per year or $68,607,00 per year. Lessee, in conjunction with other certificated passenger air transportation companies which now or may hereafter have valid leases at the airport, shall provide City in writing a schedule of the pro rata rental due by each Lessee hereunder and Lessee agrees to pay its stated pro rata amount monthly. Such pro rata agreement will become a part of this lease and will be attached hereto. The pro rata schedule so furnished to City shall remain in effect until such time as City is provided a revised schedule of the pro rata rental amounts executed by all said Lessees which revised schedule shall remain in effect until similarly modified. The aforesaid rental rate of $8.25 is broken down as follows: $5.63 fixed fee to cover debt service and $2.62 for maintenance and operation. The $2.62 Main- tenance and Operation portion is subject to adjustment every three years to reflect actual cost, however, in no event should it exceed the CPI changes for the same three year period. (B) Common Boarding Lounge Area The common boarding lounge area comprises a total of approximately 27,284 sq. ft. as shown on Exhibit B attached hereto and by this reference made a part here- of shall be charged jointly to all certificated passenger air transportation companies which now or may hereafter have valid leases at the airport at the rate of $2.62 262 per sq. ft. per year or $71,484.08 per year. Lessee, in conjunction with other certificated passenger air transportation companies which now or may hereafter have valid leases at the Airport, shall provide City in writing a schedule of the pro rata rental due by each Lessee hereunder and Lessee agrees to pay its stated pro rata amount monthly. Such pro rata agree- ment shall become a part of this lease and will be at- tached hereto. The pro rata schedule so furnished to City shall remain in effect until such time as City is provided a revised schedule of the pro rata rental amounts executed by all said Lessees, which revised schedule shall remain in effect until similarly modified. The aforesaid rental rate of $2.62 covers the main- tenance and operation and is subject to adjustment every three years to reflect actual cost, however, in no event shall it exceed the CPI changes for the same three year period. Section 6.04 - Rental for Public Address System. Lessee shall pay a rental rate of $5.00 per month per microphone connection located in the exclusive leased area or common lease area. The rental rate per month will be adjusted when required to reflect the charges imposed on the City to provide this service. The microphone located in the common leased area will be provided for use in conjunction with other certificated passenger air transportation companies which now or may hereafter have valid leases at the Airport. These companies shall provide City in writing a schedule of the pro rata rental due by each Lessee hereunder and Lessee agrees to pay its stated pro rata amount monthly. Such pro rata agreement shall become a part of this lease and will be attached hereto. The pro rata schedule so furnished to City shall remain in effect until such time as City is provided a re- vised schedule of the pro rata rental amounts executed by all said Lessees which revised schedule shall remain in effect until similarly modified. Section 6.05 - Aircraft Storage. City shall have the right to designate apron parking areas for the storage of Lessee's aircraft. Section 6.06 - Time of Payment. Lessee agrees to pay City the rentals and fees due hereunder at such place as City may from time to time designate. All rentals and fees shall be payable in monthly installments covering the preceding calendar month of operation. In the event that the commencement or termination of this Lease falls on any date other than the first or last day of a calendar month, the applicable rentals, fees and charges (except landing fees) for that month shall be paid on a pro rata basis according to the number of days during which said particular premises, facilities, rights, licenses, services and privileges were enjoyed. City shall, after the end of each calendar month, transmit to Lessee a statement of the rentals, fees and charges incurred by Lessee during said month as hereinabove provided. Payment shall be made by Lessee within thirty (30) days after receipt of such statement. Section 6.07 - Default for Failure to Pay Rentals, Fees and Charges. It is expressly agreed that time of payment of the rentals and fees hereinabove provided is of the essence in this entire Lease. Therefore, if Lessee fails to pay any rentals, charges and fees due hereunder within thirty (30) days after City transmits a statement therefor to Lessee, City may, at its option, upon fifteen (15) days written notice to Lessee (unless in such fifteen -day period Lessee shall have corrected such failure to pay) immediately or at any time thereafter, enter into and upon the Leased Premises, or any part thereof in the name of the whole, and repossess said premises. In said event, City may expel Lessee and those claiming by, through or under it and remove its effects forcibly, if necessary, without being deemed guilty of trespass and without prejudice to any remedy which otherwise might be used for arrears of rent or preceding breach of covenant. Upon such re-entry this Lease shall terminate. ARTTM.F. ITTT READJUSTMENT OF RENTALS, FEES, AND OTHER CHARGES Section 7.01 - Basis for Readjusting Charges. Three (3) calendar years after the effective date of this lease, charges for the use of any one or all of the premises and facilities leased hereunder for the succeeding three-year period shall be subject to renegotiation upon written notice by either party hereto ninety (90) days prior to the beginning of the next three-year period. Either party giving notice shall, at the time, furnish the other party with a reasonably detailed statement supporting the proposed adjustment. The following factors, among others, shall be considered in determining adjustment of rental, fees and other charges: (A) The actual costs of providing the buildings or facility during the preceding three-year rental period, and the actual revenue derived therefrom during said period. 263 For this purpose, any and all revenue, including con- cession revenue applicable to said buildings and fac- ility, shall be included. (B) City's estimated costs for the succeeding three-year period of providing the buildings or facility. Such estimate shall take into account: (1) The actual costs as shown by City's books. (2) The necessary increased costs resulting from: (a) Technical advances requiring additional ex- penditures by City. (b) Expenditures incurred by City pursuant to orders or requirements of governmental authority. (c) Additional expenditures of City required for for the prudent operation of the buildings or facility. (3) Extraordinary expenditures for maintenance and re- newals and replacements. Such expenditures shall be equalized over a reasonable period of succeeding years. (C) Buildings and facilities, the charges for the use of which are made the basis for the adjustment pursuant to this Article VII shall be the following: (1) Passenger terminal building means the building proper, including vehicular parking space and road- ways in connection therewith. There shall be in- cluded all concessions operated in or in conjunction with the passenger terminal building, such as, but not limited to, restaurant, cocktail lounge, baggage, newstands, ground transportation of passengers, automobile parking, and all other building and area concessions and operations in the passenger terminal area. (2) Aircraft storage shall mean the areas, other than hangars, designated by City for storage of aircraft. (3) Any other buildings, appurtenances, facilities or services, requested by Lessee or City and not covered by separate agreement. (D) In the event a governmental order or requirement results in increased costs, Lessee shall be advised and shall have an opportunity to oppose same, if it desires. (E) The depreciation of the City's investment and/or the annual debt service requirements on all bonds issued and outstanding at the time of the adjustment. (F) In allocating costs and revenues to the various faci- lities as hereinabove defined, City will observe sound accounting principles and shall include interest charges which are no greater than the maximum of those paid by the City on bond issues or other loans for Airport purposes. Section 7.02 - Costs Excluded. Costs of facilities and improvements paid for by Federal or State gifts or grants-in-aid, and depreciation, amortization and interest charges thereon, shall not be included in the cost factors herein. ARTICLE VIII RIGHTS AND PRIVILEGES RESERVED BY CITY Section 8.01 - Right to Charge Use Fees to Others. Nothing in this Lease shall be deemed to restrict in any manner City's right to charge any person, partnership, firm, association or corporation fees and rentals for the use of City's property or any improvements thereon where such use of said property or improvements is of a regular or permanent nature, as distinguished from a temporary or transitory nature, or where such use is such a nature as to constitute the performance of a commercial business at the Airport. In addition, City shall have the right to charge persons, partnershil firms, associations or corporations a fee no less than that set forth in mutual assistance ground services agreement approved by CAB, and as revised from time to time. This fee shall be applicable to, but not limited to, fees for ramp use, jetway use, gate use, training flights and aircraft storage, and landing fees which shall never be less than 125% of the landing fee charged Lessee as set out in Section 6.02 hereof. Section 8.02 - Right to Improve and Protect the Airport. In addition to any other rights herein retained by it, City specifically reserves the following privileges: (A) The right to further develop or improve the landing area and other portions of the Airport as it deems necessary, regardless of the desires or views of Lessee and without interference or hindrance therefrom. If feasible, such improvements shall be made in a manner which will cause Lessee as little inconvenience as possible. (B) The right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting or permitting to be erected any building or other structure on the Airport which, in the opinion of City, would limit the usefulness of the Airport or constitute a hazard to aircraft. 264 MAR 7 1180 (C) The right during the time of war or national emergency to lease the Airport or any part thereof to the United States Government for military use. In the event any such lease is executed, the privileges of this instru- ment insofar as they are inconsistent with the privileges of the Lease to the government shall be suspended. ARTICLE IX INDEMNIFICATION, INSURANCE AND BONDS Section 9.01 - Indemnification, Etc. The parties agree that Lessee is and shall always be deemed to be an independenj contractor and operator and not an agent or employee of City with respect to its acts or omissions hereunder. Lessee shall indemnify fully and save harmless City, its officers, agents and employees from any and all claims and actions and any and all expenses incidental to the investigation and defense thereof, based upon or arising out of damages or injuries to third persons or their property, caused by the fault or negligence of Lessee, its agents or employees in the use or occupancy of the premises and privileges hereunder. Provided, however, that the City shall indemnify fully and save harmless Lessee, its officers, agents, and employees from any and all claims and actions and any and all expenses incidental to the investigation in defense thereof based upon or rising out of damages or injuries to third persons or their property caused by the fault or negligence of the City, its agents and employees, or rising out of or as a result of the condition of any of the publicly used premises in or about said airport. City shall give to Lessee prompt and reasonable notice of any claims or actions against it and failure to so notify Lessee shall relieve Lessee of its obligations to indemnify the City therefor. Lessee shall have the rights to investigate, compromise and defend any such claims or actions to the extent of its own interest. Section 9.02 - Insurance. Lessee shall procure and keep in effect at all times during the term of the Lease, the forms of insurance set forth in this Section 9.02. All policies or certificates shall contain a provision that written notice of cancellation or of any material change in said policy by the Insurer shall be delivered to City thirty (30) days in advance of the effective date thereof. All policies shall contain an agreement on the part of the respective insurers, waiving the right of such insurers to subrogation. Lessee shall maintain all insurance hereunder with insurance underwriters authorized to do business in the State of Texas satisfactory to City. All policies shall name City, its officers, servants, agents, and employees as additional insureds. Lessee shall furnish City with certificates from the insurance carrier showing all insurance required hereunder to be in full force and effect during the entire term of this Lease or shall deposit with City certified copies of said policies. (A) Fire Insurance - Lessee shall insure for fire and ex- tended coverage risks all Lessee's improvements on the Leased Premises. Such insurance shall be in an amount equal to the full insurable replacement value of such improvements. All fire insurance policies shall contain loss payable endorsements in favor of the parties as their respective interests may appear hereunder. City agrees that any payments received from such insuring companies by reason of loss under such policy or policies shall be applied toward repair and reconstruction of said Leasehold im- provements. (B) Public Liability and Property Damage Insurance - Promptly after the execution of this Lease, Lessee shall provide comprehensive general liability insurance in protection of City, its officers, agents, and employees. Lessee shall provide public liability insurance for personal injuries or death growing out of any one accident or event in a minimum sum of One Hundred Thou- sand Dollars ($100,000.00) for one person and Two Mil- lion Dollars ($2,000,000.00) for any one accident, and in addition, shall provide property damage liability insurance in a minimum sum of Two Hundred Fifty Thou- sand Dollars ($250,000.00) for property damage growing out of any one accident or event. Insurance coverages required of Lessee shall be subject to adjustment from time to time to comply with any changes in minimum re- quirements determined necessary by City. ARTICLE X DAMAGE OR DESTRUCTION OF LEASED PREMISES Section 10.01 - Partial Damage. If the Leased Premises are partially damaged by fire, explosion, the elements, the public enemy, or other casualty, but not rendered untenantable, the same will be repaired with due diligence by City at its own cost and expense; provided, however, that it the damage is caused by an act or omission of Lessee, its sublessees, agents, or employees, Lessee shall be responsible for repairing with due diligence said Premises and shall pay the cost therefor. 265 Y MAR ­2`TMG� Section 10.02 - Extensive Damage. If the damage shall be so extensive as to render the Leased Premises untenantable, but capable of being repaired in thirty (30) days, the same shall be repaired with due diligence by City at its own cost and expense, and the rent payable herein with respect to Lessee's exclusive space shall be paid proportionately to the time of such damage and thereafter cease until such time as the Premises are fully restored, provided, however, that if the damage is caused by an act or omission of Lessee, its sublessees, agents or employees, Lessee shall be responsible for repairing said Premises and shall pay the costs therefor. During any such period where Lessee repairs said Premises under the terms of this paragraph, the usual rental shall be payable. The abatement of rental for the Leased Premises, as aforesaid, shall not be construed as a waiver of other fees due and payable under the terms of Article VI. Section 10.03 - Complete Destruction. In the event the Leased Premises are completely destroyed by fire, explosion, the elements, the public enemy or other casualty, or so damaged that they will remain untenantable for more than thirty (30) days, City shall be under no obligation to repair and reconstruct said Premises, and rent payable hereunder shall be paid proportionately to the time of such damage or destruction and shall thenceforth cease until such time as the Premises are fully restored. If within twelve (12) months after the time of such damage or destruction said Premises shall not have been repaired or reconstructed, or other reasonable facilities provided in lieu thereof, Lessee may give City written notice of its intention to cancel this Lease in its entirety or to cancel as of the date of such damage or destruction such part of this Lease as related to the Leased Premises. Notwithstanding the foregoing, if the leased premises and adjoining premises are completely destroyed as a result of an act or omission by Lessee, City may, in its discretion, require Lessee to repair and reconstruct the leased premises and adjoining premises and pay the costs therefor. During any such period where Lessee repairs said Premises under the terms of this Paragraph, the usual rental shall be payable. Section 10.04 - Right to Recover Damages. Nothing in this Lease shall be construed as a waiver of the right of either City of Lessee to recover damages from the other arising out of the fault or negligence of the other. Section 10.05 - Limit of City's Obligations Defined. It is understood that, in the application of the foregoing Section 10.01, 10.02 and 10.03, City's obligations shall be limited to repair or reconstruction of the terminal building to the same extent and of equal quality as obtained at the commencement of the operations hereunder. Redecoration and replacement of furniture, equipment, and supplies shall be the responsibility of Lessee and any such redecoration and refurnishing/re-equipping shall be of equivalent quality to that originally installed hereunder within Lessee's exclusive area. ARTTCT.R YT TERMINATION OF LEASE CANCELLATION, ASSIGNMENT AND TRANSFER Section 11.01 - Termination. This Lease shall terminate at the end of the full term hereof, and Lessee shall have no further right or interest in the Leased Premises, except as provided in Article XII. Section 11.02 - Cancellation by Lessee. This Lease shall be subject to cancellation by Lessee after the happening of one or more of the following events: (A) The permanent abandonment of the Airport as an airline terminal or the permanent removal of scheduled airline service from the Airport. (B) The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part or parts thereof, in such manner as substantially to restrict Lessee for a period of at least ninety (90) days from operating thereon for the carrying of pass engers, cargo, and property. (C) Issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Airport or any part thereof for Airport purposes, and the remaining in force of such injunction for a period of at least ninety days. (D) The suspension, or substantial modification, for a period of ninety (90) days or the revocation of the operating authority of the Lessee to serve the Lubbock area through the Airport by final order of the Civil Aero- nautics Board or other governmental agency, Federal or State, having jurisdiction over Lessee. (E) Any failure or refusal by the Federal Aviation Adminis- tration to prevent Lessee to operate into, from or through said airport such aircraft as Lessee may reason- ably desire to operate. (F) The default by City in the performance of any covenant or agreement herein required to be performed by City and the failure of City to remedy such default for a period of ninety (90) days after receipt from Lessee of written notice to remedy the same; provided, how- ever, that no notice of cancellation following the ninety (90) day period above shall be of any force or effect if City shall have remedied the default prior to the receipt of the Lessee's notice of cancellation. W91 Lessee may exercise such right of termination by giving City sixty (60) days advance written notice at any time after the lapse of the applicable periods of time and this lease shall terminate as of the sixtieth (60th) day. Rental due hereunder shall be payable only to the date of said termination. Lessee's performance of all or any part of this Lease for or during any period(s) after a default by City of any of the terms, covenants, and conditions herein contained to be kept by City shall not be deemed a waiver of any right on the part of Lessee to cancel this Lease for any subsequent failure by City so to perform, keep or observe any of the terms, covenants, or conditions hereof. Section 11.03 - Cancellation by City. This Lease shall be subject to cancellation by City upon the happening of any one of the following events: (A) The filing by Lessee of a voluntary petition in bank- ruptcy. (B) The institution of bankruptcy proceedings against Lessee and the adjudication of Lessee as a bankrupt pursuant to such proceedings. (C) The taking by a court of competent jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganization act. (D) The appointment of a receiver of Lessee's assets. (E) The divestiture of Lessee's estate herein by other operation of law. (F) The abandonment by Lessee of its conduct of air trans- portation at the Airport for a period of ninety (90) days. (G) The default by Lessee in the performance of any covenant or agreement herein required to be performed by Lessee (except rental payments for which provision is made in Section 6.07) and the failure of Lessee to remedy such default for a period of sixty (60) days after receipt of written notice by City to remedy same. (H) The lawful assumption by the United States Government or any authorized agency thereof of the operation con- trol or use of the Airport and facilities, or any sub- stantial part or parts thereof, in such manner as sub- stantially to restrict Lessee, for a period of at least ninety (90) days, from operating thereon for the carry- ing of passengers, cargo, and property. (I) In addition to the foregoing, all rights, privileges or interests acquired hereunder by Lessee may, at the option of City and following written notice of thirty (30) days, be suspended or finally terminated if such sus- pension or termination is found by City, acting in good faith, to be necessary to secure federal financial aid for the development of the Airport or for the develop- ment or promotion of aeronautical operation thereon. In any of the aforesaid events, City may take immediate possession of the Leased Premises and remove Lessee's effects. Upon said entry, this Lease shall terminate. Any rental due hereunder shall be payable to said date of termination. It is agreed that failure to declare this Lease terminated upon the default of Lessee for any of the reasons set forth above or Section 6.07 shall not operate to bar or destroy the right of City to declare this Lease null and void by reason of any sub-sequent violation of the terms of this Lease. Section 11.04 - Assignment and Subletting. Lessee shall not sell, assign, or transfer this Lease or any part thereof and shall not sublease all or any portion of the Leased Premises without the prior written consent of City; provided, however, that Lessee may assign this Lease to any corporation with which Lessee may merge or consolidate or which may succeed to the air transportation business of Lessee. ARTICLE XII PROPERTY RIGHTS UPON TERMINATION Section 12.01 - Lessee's Right of Removal. Upon termination of this Lease for any reason, Lessee shall have the right for a period of sixty (60) days after the date of termination, to remove any or all of its property from the Airport; provided, however, that Lessee shall not be in default in its payments to City hereunder and provided that Lessee shall restore said premises to their original condition as of the beginning of occupancy, ordinary wear and tear, damage by the elements, fire, explosion or other causes beyong control of Lessee excepted. Section 12.02 - City's Rights at Termination. Title to any and all property not removed by Lessee prior to the expiration of the aforesaid sixty-day period shall vest in City; provided, however, that City reserves the right to require Lessee to remove such improvements and property, the cost of which shall be borne by Lessee in the event City removes same on failure of Lessee to perform its obligation hereunder. City also reserves the right to charge reasonable rental for the sixty-day period of continued occupancy by Lessee; provided, however, that no charge shall be made to Lessee if Lessee shall remove its property from the Leased Premises within the first thirty (30) days of said sixty-day period. MM ARTICLE XIII GENERAL PROVISIONS Section 13.01 - Arbitration. In any event and notwithstanding any provisions made in this Lease, the parties agree to submit to arbitration any question or dispute, except non-payment of rentals, arising between said parties with respect to the interpretation of any term, condition or covenant herein contained or with respect to any matter of compliance or noncompliance with the terms hereof. City and Lessee shall each select one arbitrator and the two so chosen shall then select a competent and disinterested third arbitrator; and the arbitrators together shall then consider the question(s) or dispute(s) submitted to them in writing by the parties hereto. The decision in writing of any two shall determine the particular question or dispute under consideration. The parties hereto shall bear equally the expense of said arbitration. Section 13.02 - Non Discrimination. The Lessee, its agents and employees will not discriminate against any person or class of persons by reason of age, sex, race, color, creed or national origin in providing any services or in the use of any of its facilities provided for the public. The Lessee further agrees to comply with such enforcement procedures as the United States might demand that the City take in order to comply with the Sponsor's Assurances. Lessee agrees to not discriminate against any employee or applicant for employment because of race, creed, color, age, sex or national origin. The Lessee agrees to take affirmative action to insure that applicants are employed and that employees are tested during employment without regard to their race, creed, color, age, sex or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion, or transfer, recruitment, layoff, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Section 13.03 - Rules and Regulations City shall have the right to and shall adopt from time to time and enforce reasonable rules and regulations, which Lessee agrees to observe and obey, with respect to the use of the Airport, public terminal building and appurtenances; provided that such rules and regulations shall not be inconsistent with safety and with rules, regulations, and orders of the Federal Aviation Administration with respect to aircraft operations at the Airport, and with the procedures prescribed or approved from time to time by the Federal Aviation Administration with respect to the operation of Lessee's aircraft at the Airport. Section 13.04 - Interpretation of Lease. Nothing in this Lease shall be construed or interpreted in any manner whatsoever as limiting, relinquishing, or waiving of any rights or ownership enjoyed by City in the Airport property, or in any manner waiving or limiting its control over the operation and maintenance of Airport property or in derogation of such governmental rights as City possesses, except as is specifically provided for herein. Section 13.05 - Conformity of Lease. In the event that City shall enter into a Lease, contract or agreement for use of the Airport with any other certificated passenger air transportation company having aircraft of substantially similar size as that operated by Lessee and said Lease, contract or agreement contains more favorable terms, rights, or privileges than this Lease, then the same shall be concurrently and automatically made available to Lessee, at its option. Section 13.06 - Invalid Provisions. In the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided that the invalidity of such covenant, condition or provision does not materially prejudice either City or Lessee in its respective rights and obligations contained in the valid covenants, conditions or provisions of this Lease. Section 13.07 - Sponsor's Assurances. This Lease shall be subject to the terms of the City's Sponsor's Assurances Agreement as amended. City represents that none of the provisions of this Lease violates any of the provisions of said Sponsor's Assurances, as amended. Section 13.08 - Consent Not to be Unreasonably Withheld. Whenever consent is required hereunder by either City or Lessee, such consent is not to be unreasonably withheld or to be delayed for an unreasonable period of time. Section 13.09 - Redelivery of Premises. Lessee shall, upon termination of this Lease, quit and deliver up the Leased Premises to City peaceably, quietly and in as good order and condition as the same now are or may hereafter be improved by Lessee or City, reasonable use and wear thereof excepted. Section 13.10 - Holding Over. In the event Lessee remains in possession of the Leased Premises after the expiration of this Lease without any written renewal thereof, such holding over shall not be deemed as a renewal or extension of this Lease, but shall create only a tenancy from day to day which may be terminated at any time by City. Section 13.11 - Federal Aviation Administration. Whenever the term "Federal Aviation Administration" is used in this Lease it shall mean the Federal Aviation Administration created by the Federal Government under the Federal Aviation Act of 1958, or to such other Federal Government authority as may be the successor thereto or be vested with the same or similar authority. Section 13.12 - Inspection. City through its authorized agent shall have the right at all reasonable times to enter upon the Leased Premises to inspect said Premises, to observe the performance by Lessee of its obligations hereunder, and to do any act which City may be obligated or have the right to do under this Lease. Section 13.13 - Non Exclusive. It is hereby agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right prohibited by Section 308 of the Federal Aviation Act of 1958, as amended, and City reserves the right to grant to others the privilege and right of conducting any one or all of the aeronautical activities listed herein, or any other activity of an aeronautical nature. M MAR 2 7 Section 13.14 - Lease Made in Texas. This Lease has been made in and shall be construed in accordance with the laws of the State of Texas. Section 13.15 - Successors. This Lease shall bind and inure to the benefit of any successor of City and any successor, assignee or sublessee of Lessee. Section 13.16 - Headings. The article and section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Lease. Section 13.17 - Time of Essence. Time is of the essence of this Lease. Section 13.18 - Notices. Notices to City provided for herein shall be sufficient if sent by registered mail, postage paid, addressed to: Lubbock International Airport, Route 3, Box 389, Lubbock, Texas 79401 and notices to Lessee, if sent by registered mail, postage prepaid, addressed to: President, Air Midwest, Hangar 20- West, Wichita Mid -Continent Airport, Wichita, Kansas, or to such other addresses as the parties may designate to each other in writing from time to time. IN WITNESS WHEREOF, the Parties have hereunto set their hands this 27th day of March - , 1980. ATTEST: CITY OF LUBBOCK, TEXAS Isl Evelyn Gaffga Isl Dirk West _ Evelyn Gaffga DIRK WEST, MAYOR City Secretary -Treasurer Date 3-27-80 Date 3-27-80 APPROVED AS TO FORM: APPROVED AS TO CONTENT: Isl Susan M. Tom Isl Marvin W. Coffee Assistant City Attorney Marvin Coffee Director of Aviation Date 1-14-80 ATTEST: Date 3-10-80 LESSEE AIR MIDWEST. INC. Isl Lawrence J. Beilman Lawrence J. Beilman, Asst. Secretary By. Isl Gary M. Adamson Name Gary M. Adamson President Title Date January 24, 1980 FpVi27.,WffiWW Isl Lawrence J. Beilman Lawrence J. Beilman, General Counsel *NOTE: Level plans are attached to the original lease... 80-39-268-357 Bid #5767 for three 28 cu. yd. side -load packer bodies (Sanitation Dept.). (52) Low Bidder EMCO Manufacturing Company, Plainview, Texas ($47,312.25) 80-39-268-358 Bid #5750 for front end loader (Street Dept.). (53) Low Bidder Associated Supply Company, Lubbock, Texas ($23,951.61) 80-39-268-359 Bid #5768 for cleaning boiler and condenser at Holly Plant (Elec. Prod.). (54) Low Bidder Par Kem Industrial Services, Inc., Odessa, Texas ($6,766.80) 80-39-268-360 Bid #5766 for meter pedestal supports (warehouse stock). (55) Low Bidder Fabit Corporation, Lubbock, Texas ($17,600.00) 268a MAR�,".2'7 80-39-269-367 RESOLUTION NO. 461 (61) 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 Lifetime Lawn Sprinkler Company for sprinkler systems in Carlisle Park and a portion of Clapp Park, 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 part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of March, 1980. sl Dirk West ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Lawrence Banks Lawrence Banks, Administrative Assistant, Community Facilities APPROVED AS TO FROM: Isl Susan M. Tom Susan M. Tom, Assistant City Attorney CONTRACT THIS AGREEMTN, made this 27th day of March, 1980, by and between CITY OF LUBBOCK, herein called "Owner," acting herein through its MAYOR, and (a corporation) as Lifetime Lawn Sprinkler Company, Box 1881 of Midland, County of Midland and State of Texas, hereinafter called "Contractor." WITNESSETH: That for and in considertion of the;payments and agreements hereinafter metioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the contruction described as follows: Automatic Sprinkler System for Carlisel Park and a section of Clapp Park as described in Bid #5755. hereinafter called the project, for the sum of forty-four thousand eight hundred ninety four & 85/100 Dollars ($44,894.85) and all extra work in connection therewith, under the terms as stated in the General and Special Conditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the Proposal, the General Conditions, Supplemental General Conditions and Special Conditions of the Contract, the,-pl,ans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents therefor,,..as prepared by the Parks and Recreation Dept., herein entitled the Architect/Engineer, and as enumerated in Paragraph 1 of the Supplemental General Conditions, all of which,;ar&,made a part hereof and collectively evidence and constitute the contract. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 60 consecutive calendar days thereafter. The Contractor further agrees to pay, as liqui4 damages, the sum of $25.00 for each consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account thereof as provided in Paragraph 25, "Payments to Contractor," of the General Conditions. IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shall be deemed an original, in the year and day first above metioned. (Seal) ATTEST: Isl Evelyn Gaffga (Secretary (Witness) City of Lubbock (owner) By Isl Dirk West Dirk West Mayor (Title) ted MM (Seal) (Contractor) Isl Marjorie S. Downs B /s/ L Downs (Secretary) /s/-Patsy R. Stewart Pres (Witness) (Title) (Address and Zip Code) NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. APPROVED AS TO FORM: Isl Susan M. Tom Susan Tom, Assistant City Attorney APPROVED AS TO CONTENT: /s/ Jim Weston Jim Weston, Director of Community Facilities W&O MAR 2 7 1980 -39-269-361 Bid #5764 for electric items (warehouse stock). (56) Items 1-5, incl., 14,15 General Electric Supply Company, Lubbock, Texas Item 6 Nelson Electric Supply Company, Lubbock, Texas Item 7 Westinghouse Electric Supply Company, Lubbock, Texas Items 8,11 Fields & Company, Lubbock, Texas Items 9,12 Southwestern Electric Supply Company, Lubbock, Texas Items 10,13 Temple, Inc., Lubbock, Texas �0-39-269-362 Bid #5773 for electric items (warehouse stock). (57) Items 1,2,3,4 Graybar Electric Company, Lubbock, Texas Items 5,9 Temple, Inc., Lubbock, Texas Item 6 General Electric Supply Company, Lubbock, Texas Item 7 Nelson Electric Supply Company, Lubbock, Texas Item 8 C. B. Anderson Company, Amarillo, Texas 39-269-363 Bid #5754 for pumping unit for #8 Pump Station (Water Utilities). (58) Low Bidder Worthington Pump Corporation, (Evaluated bid) Dallas, Texas ($86,875.00) ($60,000 CD Funds previously allocated; $20,500 CD Contingency Funds approved) 39-269-364 Bid #5775 for bar screens (Water Reclamation). (59) Low Bidder Anthony Mechanical, Inc., Lubbock, Texas ($6,378.00) 39-269-365 Bid #5771 for paving improvements (New Subdivision, Revier Farm, Ken Flagg Developer). (60) Low Bidder Kerr Contruction Company, Lubbock, Texas ($36,423.37) i0-39-269-366 Bid #5755 for automatic sprinkler systems (Carlisle Park & K. N. Clapp Park; Park & Rec. (61) Dept.) (Community ,Development Funds). RESO #461 on Low Bidder Lifetime Sprinkler Company, page 268a&b. Lubbock, Texas ($44,894.85) -39-269-367 Bid #5753 for Weir plates and,materials (Water Reclamation). (62) Low Bidder Environmental Improvements,, Inc., Lewisville, Texas ($6,159.30) -39-269-368 Bid #5757 for plant material (Cemetery). (Revenue Sharing Funds). (63) Lot Bidder Kershner's Country Gardens, Lubbock, Texas ($10,016.88) Director of Purchasing Floyd Nesbitt indicated all the above bids are according to specificati( and do represent the low bidder. The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to approve Bid Nos. 5767, 5750, 5768, 5766, 5764, 5773, 5754, 5775, 5771, 5755, 5753, and 5757. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 270 80-39-270-369 Consider two appointments to the COMMUNITY SERVICES COMMISSION. The (64) following terms expire March 31, 1980: AARP United Way Planning Council Term: 2 years Edna Houghton Kathy Powell The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve the following appointments: AARP Mrs. Eunice J. Stephens 3006 - 55th 797-2517 Term: 3/27/80 - 3/31/82 Reappoint: United Way Community Planning Council Kathy Powell 2001 - 19th 747-2711 Term: 3/27/80 - 3/31/82 Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 80-39-270-370 Consider two appointments to the COMMUNITY DEVELOPMENT ADVISORY COMMITTEE, (65) as follows: Sector II Rev. A. L. Davis, whose term expires 5/30/81 Sector IV Fred Senter, whose term expires 5/30/81 The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to HOLD this item until the April 10, 1980, Regular Meeting. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. 80-39-270-371 Consider one appointment to the HUMAN RELATIONS COMMISSION, to replace Ed (66) Luskey, who is unable to continue to serve; his term expires 7-27-81. Tim Hatch 4506 - 15th 799-0514 (Bus) 4912 Frankford 797-4141 To fill the unexpired term of Ed Luskey, said term expiring 7/27/81. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve above appointment. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. There being no further business to come before the Council, the motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to adjourn at 2:50 p.m. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. RK WEST, MAYOR ATTEST: Evelyn Gaf'ga,'Citylteer,,aary-Treasurer 6-11 APPROVED ON THIS 10th DAY OF April , 1980. ATTEST: �Evelyn Ga�,efga,"City erZ-'4�ry-Treasurer 4�� ice. A WEST, MAYOR