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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/8/1980335 MAY 8 1980 80-39-335-492 ( 1) 80-39-335-493 ( 2) 80-39-335-494 ( 3) 80-39-335-495 ( 4) 80-39-335-496 ( 5) 80-39-335-497 ( 6) 80-39-335-498 ( 7) 80-39-335-499 ( 8) CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING 9:30 A.M. The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, May 8, 1980, at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall. Those present: Mayor Bill McAlister, Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, Councilman M. J. Aderton, Councilwoman Joan Baker, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None. The invocation was given by Fire Chief Tom Foster. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. At 9:35 a.m. Mayor McAlister announced that an Executive Session would be held for the purpose of considering personnel, pending litigation, and land acquisition matters. This Session is allowed by Section 2-F, Art. 6252-17, V.A.T.S. Approval of the Minutes - Regular Meeting, April 24, 1980 The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve the above referenced minutes. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. Board Appointments Dr. Heenan Johnson Ken Hancock Proclamations Airport Board Water Resources Board "Beta Sigma Phi Year" - April 30, 1980 - April 30, 1981 Receiving: Jeanette Condray Carolyn Deaton "Law Day" - May 8, 1980 Receiving: Tom Johnson "Fire Service Appreciation Day" - May 10, 1980 Receiving: Chief Flournoy Chief Flournoy announced that an open house at Fire Station No. 12 would be held on this day (May 10) from 1 to 5 p.m., and the public is invited. "Hospital Week" - May 11-17, 1980 Receiving: A. A. Santangelo, St. Mary of the Plains Hospital Jacque Hasting, Health Sciences Hospital Dewitt Thompson, Methodist Hospital Norma Resnedar, Highland Hospital Wanda Walser, West Texas Hospital David Brader, University Hospital 336 MAY 8 1980 80-39-336-500 "National Nursing Home Week" - May 11-17, 1980 ( 9) Receiving: Linda Mickley and two residents - Bob Worcester Hattie Stanley 80-39-336-501 "National Transportation Week" - May 11-17, 1980 (10) Receiving: James King, Highway Department George Wall, Highway Department Buck Newcum, President of Transportation Club of Lubbock Kermit Ward, President -Elect, Delta NuAlpha Transportation Fraternity, Chapter 118 Marvin Marcell, Second Vice -President Transportation Club of Lubbock, Santa Fe Bill Rusk, Secretary/Treasurer Traffic Club 80-39-336-502 "International Nurses Week" - May 12-18, 1980 (11) Receiving: Sherry Whiteaker, President 80-39-336-503 "National Salvation Army Week" - May 12-18, 1980 (12) Receiving: Ralph Krebbs Major Jim Waller Connie Chapman, Avalanche -Journal Ronnie Fancher, Chairman of the Board 80-39-336-504 "International Museum Day" - May 18, 1980 (13) Receiving: Dr. Leslie Drew, Director of Museum Lisa Johnson Donna Pritchett Frances Gonzales It was announced that there would be an open house at 4 p.m. on the 18th. 80-39-336-505(14) "Savings and Loan Week" - May 11-16, 1980 80-39-336-506(15) "Bank Week" - May 18-24, 1980 80-39-336-507(16) "Municipal Finance Week" - May 11-22, 1980 Receiving: Ms. Jay Lutz, Assistant Director for Center of Professional Development 80-39-336-508 Certificate of Appreciation to J. Ray Dickey. (17) This item was tabled until May 22, 1980. 80-39-336-509 Ordinance No. 8046 (18) Russell Bean, Chairman of the Water Resources Board, to appear to present recommendations for water projects and financing. Appearance: Mr. Russell Bean, Chairman of the Water Resources Board Mr. Bean reported that the Water Resources Board had met on March 10, March 23, and the Finance Committee met on March 24 to consider the proposed projects and the financing of same. He made two recommendations: 1. That there be an adjustment or increase in the water rates; 2. That a bond issuance be considered for the financing of the various improvements needed to the present water system. Mr. Bean indicated that our present major water source is the Sandhills Well Field (Bailey County) and the Canadian River Water Authority. The bond issuance would be in the amount of $21,000,000 to include the completion of the treatment plant, to expand the Sandhills Well Field by adding 55 new wells, to provide for Pump Station No. 9, to provide for various water distribution lines and a storage building for the Sandhills expansion. He then addressed his remarks to the first recommendation, i.e. rate increase, indicating the proposed rates are not directly related to the water development projects, but primarily to underwrite the increased operating cost of the present water system; that the last proposed rate increase was in 1977. 337 With respect to the bond issuance, it is recommended by the Board that they be General Obligation Bonds; that the growth of Lubbock has primarily been to the southwest which has created a strain on our present water system and the present distribution lines are inadequate to meet the demand for water primarily in the peak period; that it was necessary for a storage facility to be constructed, said water supply coming from the Canadian River Authority, which could be used during the peak periods each summer. He stressed that the proposed recommendations did not relate to a third major water source contemplated in the future. He also mentioned that Mr. Weldon Gibbs, member of the Board, would serve as Chairman of the Finance Committee. Likewise, the Board would conduct and plan the publicity and promotion of the bond issuance. With respect to the proposed rate increase, is as follows: Jaine , 1980 16%, additional (a 10% increase has already (Ord. #8046) been scheduled for October, 1980, pursuant to Ord. #7488, 7-14-177) At the 8:30 a.m. Work Session, City Manager Larry Cunningham indicated that if the Council elected to call a Bond Election, Financial Advisor Joe Smith, with First Southwest Company, had indicated that such an election would need to have preclearance with the Justice Department, the submission to be made 60 days prior to the election. This is an important fact in the Council's subsequent action on this matter. City Attorney John Ross indicated that he would research the matter more thoroughly. Following the presentation by Mr. Bean, additional comments were made by Sam Wahl, Director of Water Utilities, and Robert Massengale, Director of Finance, and followed by Council responses to the presentation, the proceedings were interrupted by Mr. James G. Marshall requesting to speak on this matter; inasmuch as he had not made previous arrangements for appearing on this matter and had not had time to study the material that he requested, Mayor McAlister overruled his interruption. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance No. 8046 on first reading, approving the increased water rates as recommended by the Water Resources Board. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Additionally, the motion was made by Councilman Aderton, seconded by Councilwoman Baker that it was the intent of the City Council to hold a Bond Election probably in August, 1980, a definite date to be set at a subsequent time. Motion carried: Mayor McAlister, Mayor Pro Tem, Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ORDINANCE NO. 8046 AN ORDINANCE REVISING WATER RATES AS CONTAINED IN SECTION 34-10 OF THE LUBBOCK CITY CODE; REVISING THE MINIMUM WATER RATES AS CONTAINED IN SECTION 34-11 OF THE LUBBOCK CITY CODE; REVISING WATER RATES AS APPLICABLE TO TEXAS TECH UNIVERSITY AS CONTAINED IN SECTION 34-12 OF THE LUBBOCK CITY CODE; AND PROVIDING FOR PUBLICATION. 80-39-337-510 Ordinance No. 8044 (19) An appropriation ordinance for engineering contracts for water projects (Water Capital Projects Fund). ORDINANCE NO. 8044 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 Projects The sum $148,217 338 M S Aq8� For the following purpose: Prelim. Phase -Treatment Plant (Filters & High Service Pump Station) 21,205 Prelim. Phase --Pipe Line 6,500 Prelim. Phase --Regulating Reservoir 50,000 Subsurface Investigation --Reg. Res. & Filters 46,712 Groundwater Studies 15,000 Site Surveys & Route Survey 8,800 $148,217 AND IT IS SO ORDERED Passed by the Council on first reading this 24th day of April 1980. Passed by the Council on second reading this 8th day of May 1980. ATTEST: /s/ Evelyn Gaffga CITY SECRETARY -TREASURER Isl Bill McAlister .11 0 VERIFIED BY:/s/J. RoberE Massengale FINANCE OFFICER 11 APPROVED BY:/s/Wilford Watson HEAD OF DEP DEPT. Water Utilites 80-39-338-511 Ordinance No. 8045 (20) An appropriation ordinance from Water Capital Projects Fund for 82nd Street water distribution line alteration. ORDINANCE NO. 8045 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 $2,500.00 For the following purpose - Modification to valve operator in order to adapt motor and controls at 66th Street and Quirt Ave. Materials $1273.00 Labor 930.00 Mark-up 297.00 TOTAL $2500.00 (22-0001-14800-011533) 339 80-39-339-512 (21) 80-39-339-513 (22) 80-39-339-514 (23) 80-39-339-515 (24) AND IT IS SO ORDERED Passed by the Council on first reading this 24th day of April Passed by the Council on second reading this 8th day of May ATTEST: /s/ Evelyn Gaffga CITY SECRETARY -TREASURER Ordinance No. 8038 - Zone Case No. 2280 s/ Bill McAlister VERIFIED BY:/s/J. Robert Massengale FINANCE OFFICER APPROVED BY:/s/Wilford D. Watson HEAD OF DEPT. DEPT. Water Utilities An ordinance changing a tract of land out of Section 78, Blk. A, City of Lubbock, from A-2 to.C-1 Zoning District (located at the southeast corner of Bradley Street and Avenue P). (no site plan submitted for filing in the City Secretary's Office) SMT:pc ORDINANCE NO. 8038 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. 2280; CHANGE A TRACT OF LAND OUT OF SECTION 78, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-2 TO C-1ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8039 - Zone Case No. 1123-A An ordinance changing Lot 306, Midway Park Addition, City of Lubbock, from C-3 to C- 4 Zoning District (located at 5110 - 29th Dr.), subject to the following condition: 1. That it be limited to a golf course and game room. (no site plan submitted for filing in the City Secretary's Office) SMT:pc ORDINANCE NO. 8039 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. 1123-A; CHANGE LOT 306, MIDWAY PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-3 TO C- 4 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 PUBLICA Ordinance No. 8040 - Zone Case No. 1865-K An ordinance grantinga Specific Use Zone Change from A-1 to AM Specific Use Permit under provisions of Sec. 22.3-20-3 of the Zoning Ordinance for professional offices on a tract of land out of Sec. 7, Blk. E-2, City of Lubbock (located between 63rd and 64th Streets and from 473' to 605' east of Indiana Avenue). SMT:pc ORDINANCE NO. 8040 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-K; CHANGE A TRACT OF LAND OUT OF SECTION 7, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM A-1 TO AM ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; 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. Ordinance No. 8041 - Zone Case No. 2281 An ordinance for Specific Use Zone change from R-2 to AM Specific Use Permit under provisions of Sec. 22.3-20-3 of the Zoning ordinance for professional offices on Lots 1 and 2, Block 2, Ellwood Place Addition,. City of Lubbock (located at 2401 - 20th SMT:pc. ORDINANCE NO. 8041 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. 2281; CHANGE LOTS 1 AND 2, BLOCK 2, ELLWOOD PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY TEXAS FROM R-2 TO AM ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT 340 80-39-340-516 (25) 80-39-340-517 (26) 80-39-340-518 (27) Ordinance No. 8042 - Zone Case No. 2282 An ordinance changing a tract of land out of Section 9, Block J, City of Lubbock, from R-1 to R-2, A-1 and C-3 Zoning district (located south of 4th Street and east of Milwaukee Avenue). (no site plan submitted for filing in the City Secretary's Office) SMT:pc ORDINANCE NO. 8042 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. 2282; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO A-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 9; BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-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. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Ordinances 8044, 8045, 8038, 8039, 8040, 8041 and 8042 on second and final reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Ordinance No. 8043 An ordinance abandoning and closing a portion of 58th Street just west of Richmond Avenue. JWF/pg ORDINANCE NO. 80431 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: THE SOUTH OF 58TH STREET WEST OF THE WEST RIGHT-OF-WAY LINE OF RICHMOND AVENUE WEST 294 FEET THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Resolution No. 491 A resolution authorizing the Mayor to execute a Quit Claim Deed in favor of Dwight Andrews and Steve Hurt (tied to Ordinance No. 8043, above) JWF/pg RESOLUTION NO. 491 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 Dwight Andrews and Steve Hurt 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 8th day of May ,l ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Rightof-Way Agent APPROVED AS TO FORM: Is/J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney /s/ Bill McAlister BILL McALISTER, MAYOR 341 QUITCLAIM DEED , THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by Dwight Andrews and Steve Hurt hereinafter called "GRANTEE", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: The South half of 58th Street West of the West R.O.W. line of Richmond Avenue West 294 feet, to -wit: METES AND BOUNDS DESCRIPTION for said portion of 58th Street being further described as follows: BEGINNING at a point which bears West a distance of 350.00 feet and North a distance of 602.00 feet from the Southwest corner of Lot 42, Crestview Addition to the City of Lubbock, Lubbock County, Texas; THENCE East a distance of 279.00 feet to a point of curvature; THENCE Southeasterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90', tangent lengths of 15.00 feet, a chord distance of 21.21 feet; THENCE North a distance of 45.00 feet; THENCE West a distance of 294.00 feet; THENCE South a distance of 30.00 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 8th day of May Isl Bill McAlister BILL McALISTER, 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: Is/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Bill McAlister, known to me to be 342 93ME1 the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 8th of May -, 1980. Isl Jackie Suter Notary Public, Lubbock County, T The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Ordinance No. 8043 on second and final reading, and to pass Resolution No. 491. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39-342-519 Resolution No. 488 (28) A resolution authorizing the Mayor to execute a funding agreement between the City of Lubbock and theAuxilioYouth Center. On April 10, 1980, the City Council approved the use of $7,000 of CD Contingency Funds as operating assistance to the Auxilio Youth Center. The referenced agreement sets out the public purpose involved, the maximum amount of funds to be used and the purpose of the program. It contains the terms, conditions and assurances required by the CDBG regulations and the requirement for an audit. Mr. Gilbert Herrera, Director of the Center, and Board Chairman of the Center, have reviewed and approved the funding agreement. The Auxilio Youth Center is a community center directed at assisting and counseling young people involved in drug abuse. The Center is operated under the direction of Mr. Herrera as a non-profit agency, and also provides services to the elderly and other community organizat A majority of the youths are between the ages of 8-20 years and are from low-income families. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution No. 488. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 488 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE AUXILIO YOUTH CENTER. WHEREAS, the City of Lubbock is obligated to do and perform certain services in its undertaking of a Community Development Plan pursuant to the Housing and Community Development Act of 1974 as amended; and WHEREAS, the Auxilio Youth Center is a non-profit organization having its principle office in the City of Lubbock, Lubbock County, Texas; and WHEREAS, the Auxilio Youth Center and the services it provides have been found to meet the criteria for funding under provision 570-201 (e) of the Community Development Regulations for Public Services; and WHEREAS, the youth counselling and guidance activities and the drug abuse prevention program provided by the Auxilio Youth Center are a proper public purpose, and are fundable by the Department of Housing and Urban Development; and WHEREAS, the accomplishment of the public purpose is the predominant purpose of the transaction; there is sufficient assurance through statutory and contractual requirements and through continuing supervision by the City of Lubbock that the public purpose will be accomplished; there is sufficient protection of the handling of public money; and there is adequate consideration passing to the City of Lubbock in the form of substantial public benefit; NOW THEREFORE, 343 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 Community Development Funding Agreement between the City of Lubbock and Auxilio Youth Center, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of May , 1980. /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Vicki Foster Vicki Foster, Community Development Coordinator PIT 9 W1519 W11 U-11 § • �" Isl W. M. McKamie W.M. McKamie, Assistant City Attorney COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND AUXILIO YOUTH CENTER STATE OF TEXAS COUNTY OF LUBBOCK This Agreement entered into this 8th day of May, 1980, between the City of Lubbock, a home rule municipal corporation, hereinafter called "City" and the Auxilio Youth Center, a non-profit organization, hereinafter called "Center". WITNESSETH: WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Plan pursuant to the Housing and Community Development Act of 1974 as amended; and WHEREAS, the Center is a non-profit organization having its principle office in the City of Lubbock, Lubbock County, Texas; and WHEREAS, the Auxilio Youth Center and the services it provides have been found to meet the criteria for funding under provision 570-201 (e) of the Community Development Regulations for Public Services; and WHEREAS, the youth counselling and guidance activities and the drug abuse prevention program provided by the Center are a proper public purpose, and are fundable by the Department of Housing and Urban Development; and WHEREAS, the accomplishment of the public purpose is the predominant purpose of the transaction; there is sufficient assurance through statutory and contractual requirements and through continuing supervision by the City that the public purpose will be accomplished; there is sufficient protection of the handling of public money; and there is adequate consideration passing to the City in the form of substantial public benefit; NOW THEREFORE, the City and the Center do hereby mutually agree as follows: Ly The Center agrees to perform and do such activities as may be necessary to continue its program of youth counseling and guidance, the goals of which are to encourage school attendance, promote citizenship,' and reduce the incidence of drug abuse among persons eight to twenty years of age; such program to continue at the highest operational levels possible for the period April, 1980 through December, 1980. 2. To carry out the agreed services, the City will apply for funds from the Department of Housing and Urban Development, and such funds when received by the City shall be paid as provided herein, with the total amount of such funds not to exceed Seven Thousand Dollars ($7,000.00). It is understood and hereby agreed that it shall be 344 0 � 'OV the responsibility of the Center to perform and do the activities set forth in this agreement as consideration for the funds secured and provided by the City hereunder. 3. It is agreed that the City shall pay to the landlord of the property at 1638 Main, Lubbock, Texas, the amount of One Thousand Eight Hundred Dollars ($1,800.00) as rental on said property for the period April, 1980 through December, 1980. The Center shall utilize said location as its office for the purposes of carrying out its programs .and activities as set forth in this agreement for the period April, 1980, through December, 1980. 4. It is agreed that the City shall compensate the Center for monthly telephone and utility bills necessary for the operation of the Center's programs and activities as set forth in this agreement, for the period April, 1980 through December, 1980. No monies shall be paid by the City except for actual costs of such expenses, and then only pursuant to a timely filed request for payment from the Center, said request to be accompanied by an accurate invoice of each specific expense incurred. 5. It is agreed that the compensation to be paid by the City to the Center as set forth in paragraph 4 shall be in an amount not to exceed Two Thousand Two Hundred Dollars ($2,200.00). It is agreed that the City shall pay to the Center the monies necessary to secure the services of one person for a period of four man months (at some time during the period April, 1980, to December, 1980), such person to be charged with the primary responsibility of performing the preliminary functions and activities necessary to insure the continuation of the Center, its programs and activities on a permanent basis after the expiration of this agreement. No monies shall be paid by the City except for actual costs incurred by the Center and then only pursuant to a timely filed request for payment from the Center. 7. It is agreed that the monies to be paid by the City to the Center as set forth in paragraph 6 shall be in an amount not to exceed, Three Thousand Dollars ($3,000.00). 9 I The Center shall furnish the City with any appropriate reports regarding the status of the project or services being funded under this agreement. Such reports shall contain all the information as may be requested by the Community Development Coordinator regarding the performance of the Center's activities. The City shall advise the Center as to the form and content of these reports. a The City hereby designates the Community Development Coordinator as its single point of contact with the Center. All reports and other communications relative to this agreement shall be addressed to the Coordinator or to a delegate expressly named by the Coordinator. "I The Center agrees that the performance of work and services pursuant to the requirements of this agreement shall conform to high professional standards. 11. The.Center shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the City. 12. The City shall have the right of access to the Center records, properties, and offices at any time to inspect or otherwise evaluate the work performed or being performed hereunder. 345 13. After the effective date of termination of this agreement, an audit of the projects and activities funded under this agreement shall be undertaken by authorized repr6sentatives of the City, or by an independent auditor selected by the City. The 'audit shall be initiated and completed within a reasonable time after the effective date of termination of this agreement. The cost of this audit shall be paidrfor by the City from funds other than those provided in paragraph 2 of this 14. I For purposes of determining venue and the law governing this agreement, , activities performed under this agreement are performed in the City and County of Lubbock, State of Texas. 15. The City shall not be subject to any of the obligations or liabilities of the Cent I er incurred in the performance of this agreement. The Center expressly agrees to indemnify and hold harmless the City for any and all liabilities and obligations incu I rred due to the negligence of the Center, its employees, officers, agents, sub -contractors, or agencies, or the negligent acts or omissions, breaches of cont I �act of the agency or its employees, officers, agents, sub -contractors or aRencies. 16. this�The Center hereby certifies and assures the City that in the performance of agreement it will be cognizant of, comply with, and enforce the provisions of the Housing and Community Development Act of 1974 as amended (PL 93-383), and the �ules and regulations of the U. S. Department of Housing and Urban Renewal as amended made pursuant thereto, including, but not limited to, those published in Title 24 of the Code of Federal Regulations. The Center further certifies and assu�es the City that it will be cognizant of, comply with, and enforce to the exte�t required by law all other applicable federal and state statutes, local ordi ances S. � . rules and regulations, and department procedures or directives of the � U. Department of Housing and Urban Development. 17. It is understood and hereby agreed that the Center shall not deny benefits to or discriminate against any person on the basis of race, color, religion, age, sex, or national origin in the performance of any activities funded under this agreement. IN (If the Center shall fail to fulfill in timely and proper manner its obli- gations under this agreement, or if the Center shall violate any of the cove- nant,;, agreements or stipulations of this agreement, the City shall thereupon have the Fight to terminate this agreement by giving written notice to the Center of such,termination and specifying the effective date therof at least five (5) days bef 0� e the effective date of such termination. on lAll expenditures made under this agreement are subject to prior approval by the Community Development Coordinator. The Center shall be fully responsible for the acts and omissions of its sub -contractors and of persons either directly or indi;ectly employed by it. 20. IThe Center shall not assign, sell, or transfer any interest in this contract with�ut the prior written consent of the City thereto; provided, however, that clai s for money due or to become due to the Center under this agreement may be assigned to a bank, trust company, or other financial institution or to a trustee in bankruptcy without such approval. Notice of any such assignment or transfer for such claims for money due or to become due shall be furnished to the City immediately. 21. TheCenter covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of serlices required to be performed under this agreement. The Center further covenants that in the performance of this agreement no person having any such interest shall be employed. WA INo officer, member, or employee of the City; no members of its governing body; and no other public official of the governing body of the locality in which the the is situated or being carried out who exercises any functions or responsibili in the review or approval of the undertaking or carrying out of this project shall participate in any decision relating to this agreement which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this 346 MAY 8 1900 23. No member of or delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise herefrom. 24. Any notice or notices required or permitted to be given pursuant to this agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to: Community Development Coordinator, City of Lubbock; Director, Auxilio Youth Center. 25. Regardless of the date of execution hereof, this agreement shall become effective on the date that the U. S. Department of Housing and Urban Development officialy authorizes the release of funds for the projects and activities provided under this agreement and in no event shall costs be incurred or funds expended under this agreement until such effective date. This agreement shall terminate on December 31, 1980 or as provided in paragraph 17 above, whichever first occurs. 99 The Center agrees and is hereby bound in the execution of this Agreement by the requirements and provisions as set forth in Part II - Terms and Conditions Funding Agreement, Community Development Block Grant Program. 27. This agreement contains the entire agreement of the parties; and no representations, inducements, or other covenants between the parties not included herein shall be of any force or effect. IN WITNESS WHEREOF, the City and the Center have executed this agreement as of the first day above written. CITY OF LUBBOCK Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED: /s/ Vicki Foster Vicki Foster, Community Development Coordinator ATTEST: Isl Gilbert Herrera SECRETARY APPROVED AS TO FORM: Isl W. M. McKamie W. M. McKamie, Assistant City Attorney AUXILIO YOUTH CENTER /s/ 347 PART II - TERMS AND CONDITIONS FUNDING AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Upon execution of the Funding Agreement of which this Part II - Terms and Con- ditions is a part, the City of Lubbock through its Community Development Department agrees to provide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 1974 (P.L. 93-383) as authorized by the Funding Approval identified therein, subject to the terms and conditions of this Funding Agreement, applicable law, regulations and all other requirements of the Department of Housing and Urban Development (HUD) now or hereafter in effect. The Funding Agreement is effective with respect to such assistance as of the date the Funding Agreement is executed and is subject to the HUD Community Development Block Grant Regulations at 24 CFR Part 570 and the following General Terms and Conditions: 1. Definitions: Except to the extent modified or supplemented by this Funding Agreement, any term defined in Title I of the Housing and Community Development Block Grant Regulations at 24 CFR Part 570, shall have the same meaning when used herein. (a) Agreement means this Funding Agreement, as described above and any amendments or supplements thereto. (b) City means the City of Lubbock, Texas. (c) Grantee means any City Department or division, the Urban Renewal Agency, or any other department or agency which is designated by the City to receive Community Development Block Grant funds for the purpose of carrying out the Community Development Program. Assurances, when capitalized, means the certifications and assurances submitted with grant applications pursuant to the requirements of 24 CFR Part 570. (e) Assistance provided under this Agreement means the grants and any loans secured by loan guarantees provided under this Agreement. (f) Program means the Community Development program, project, or other activities, including the administration thereof, with respect to which assistance is being provided under this Agree- ment. 2. "Section 3" Compliance in the Provision of Training Employment _and Business -Opportunities: This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the Funding Approval. The Grantee agrees that it shall be bound by, and shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or in part with assistance providedunderthis Agreement, the Section 3 clause set forth below: TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND LOWER INCOME PERSONS IN CONNECTION WITH ASSISTED PROJECT. A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12. U.S.C. 1701U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connec- tion with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, (published in 38 Federal Register 29220, October 23, 1973), all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will develop and implement an affirmative action plan for utilizing business concerns'located within or owned in substantial part by persons residing in the area of the project; and making of a good faith effort, as defined by the regulations, to provide training, employment, and business opportunities re- quired by Section 3 of the Housing and Urban Development Act of 1968. 348 D. The contractor will send to each labor organization or represent ative of workers with which he has a collective bargaining agre( ment or other contract or understanding, if any, a notice advis' the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. E. The contractor will include this Section 3 clause in every sub- contract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal fin- ancial assistance, take appropriate action pursuant to the sub- contract upon a finding that the subcontractor is in violation regulations issued by the Secretary of Housing and Urban Develol ment, 24 CFR 135. The contractor.will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply wl' the requirements of these regulations. F. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the cont] shall be a condition of the Federal financial assistance provid( to the project, binding upon the applicant or recipient for sucl assistance, its successors, and assigns. Failure to fulfill th( requirements shall subject the applicant or recipient, its contl And, subcontractors, its successors, and assigns to those sancti( specified by the grant or loan agreement or contract through wh: Federal assistance is provided, and to such sanctions as are sp( by 24 CFR 135. The Grantee shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts required to contain the above.Section 3 clause. 3. Flood Disaster Protection: The agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this Agreement is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject,to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance, Act of 1968, as amended 42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construct purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 4. Equal Employment Opportunity: (a) Activities and contracts not subject to Executive Order 11246, amended. In carrying out the program, the Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Grantee shall take affirmative action to insure that applicants for employment are employed, and the employees are treated during their employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting for the provisions of this nondiscrimination clause. The Grantee shall state that all qualifie applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Grantee shall incorporate the foregoing requirements of this paragraph (a) in all of its contracts for program work, except contracts governed by paragraph (b) of this section, and will require all of its contractors for such ct, se actors ns ch cif ied 349 MAY 8 1980 (b) Contracts subject to Executive Order 11246, as amended. Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD assisted construction contracts. The Grantee shall cause or require to be inserted in full in any nonexempt contract and subcontract for construction work, or modification thereof, as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth theprovisions of this nondiscrimination clause. (2) The contractor will, in.all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union'or workers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions to Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the City and by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the eventof the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further*Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, . regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)'through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance-; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. The Grantee further agrees that it will be bound by the above equal opportunity clause with respect to itsown employment practices when it participates in federally assisted -construction work; provided, that if the Grantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Grantee..agrees that -it will assist and cooperate actively with the City, HUD, and the Secretary of Labor in obtaining the compliance of contractors and subcontractors'with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish the City, HUD, and the Secretary of Labor such informationn-as they may require for the supervision of such compliance; and that it will otherwise assist the City and HUD in the discharge of HUD's primary responsibility for securing compliance. . . The Grantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of the equal 350 MAY 0" 1930 Department or the Secretary of Labor pursuant to Part II, Sub -Part D of the executive order. In addition, the Grantee agrees that if it fails or refuses to comply with these undertakings, the City or the Department of Housing and Urban Development may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistanc to the Grantee under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Grantee; and refer the case to the Department of Justice for appropriate legal proceedings. 5. Lead -Based Paint Hazards: The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead - Based Paint regulations, 24 CFR Part 35. Any grants or loans made through the Grantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead -based paint -hazards under subpart B of said regulations, and the Grantee shall be responsible for the inspections and certificates required under Section 35.14(f) thereof. 6. Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et'seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. In compliance with said regulations, the,Grantee shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt transaction thereunder funded with assistance provided under the Agreement, the following requirements: (1) A stipulation by the contractor of subcontractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environme tal Protection Agency (EPA) pursuant to 40 CFR 15.20. 1 (2) Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Direc ' tor, Office of Federal Activities, EPA, indicating that a facility utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraphs (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the Government may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c) (i) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act. 7. Federal Labor Standards Provisions: Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Grantee and all contractors engaged under contracts in excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wages rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended ' to relieve the Grantee of its obligation, if any, to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for contracts in excess of $10,000, 29 CFR 5a.3. 351 No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 8. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part I. In the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the City and the United States are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 9. Obligations of Grantee with Respect to Certain Third Party Relationships: The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under lawful requirements of the City necessary to insure that the program with respect to which assistance is being provided under this Agreement to the Grantee is carried out in accordance with the City's Assurances and certificates including those with respect to the assumption of environmental responsibilities of the City under Section 104(h) of the Housing and Community Development Act of 1974. 10. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 11. Interest of Members, Officers, or Employees of City, Members of Local Governing Body, or Other Public Officials: No member, officer, or employee of the City, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his tenure or for one year thereafter; shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with,the program assisted under the Agreement. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 12. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974 or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 80-39-351-520 Consider transfer of Revenue Sharing Funds for Burl Huffman Athletic Complex. (29) In the April 24, 1980 Work Session, the City Council was presented a report with regard to the status of the Burl Huffman Athletic Complex. This Complex consists of 4 softball fields, 28 soccer fields, and support facilities, such as restrooms, concession facilities and parking. A freeze on Heritage Conservation and Recreation Service Grants by the President necessitated a re-evaluation of this project. The Parks & Recreation Staff, with the Parks & Recreation Board's approval, requested $250,000 of the Revenue Sharing Funds, previously allocated for land acquisition of a linear park, be used for funding this Athletic Complex; additionally, the staff recommended that the referenced funds be transferred from the Land and Betterments Fund to the Recreation System Improvements Fund in the Entitlement Period VIII of Revenue Sharing. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve the allocation of $250,000 in Revenue Sharing Funds, being transferred from the Land and Betterments Fund to the Recreation System Improvements Fund. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 352 MAY 8 1980 80-39-352-521 Ordinance No. 8047 (30) Consider Change Order #1 for Phase No. 1 of Southeast Reclamation Plant renovation, and authorize appropriation ordinance for Change Order #1 (Sanitary Sewer Bond Fund). The Change Order is in the amount of $1,599 for the following purposes: 1. Furnishing and installing four light fixtures $1,058 2. Concrete blocks for 'covering channel 541 The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve Change Order #1, referenced above, and to pass Ordinance No. 8047 in the sum of 1,599 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ORDINANCE NO. 80471 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 $ 1,599.00 For the following purpose: Install four light fixture poles $1,058.00 Concrete blocks for filter floor 541.00 36-0001-14800-01982 channel $1,599.00 THAT the fact that public necessity and convenience requires that this Ord nanc be passed as an emergency measure for reasons set forth in the preamble he eof, the rule requiring that no Ordinance shall be finally passed on the day of its introduction be suspended, and this Ordinance is declared to be an emergen:y measure to take effect from and after its passage. and publication as set firth hereinabove. AND IT IS SO ORDERED Passed by the Council on first reading this 8th day of May 1980. -11 Passed by the Council on second reading this day of 1980. 11 ATTEST: ow CITY SECRETARY -TREASURER VERIFIED BY:/s/J. Rober FINANCE OFFICER I Massengale APPROVED BY:/s/Wilford Watson HEAD OF DEPT. DEPT. Water Utiliti& 353 80-39-353-522 Consider releasing part of retainage held for construction of Sandhills Well Field (31) lines. Director of Water Utilities Sam Wahl reported to the Council that the contractor has completed the major portion of the work involved with the construction of the collector lines for the Sandhills Well Field; the unfinished portion involves installation of pumps. The retainage held for the completion of the contract was in the sum $292,744.46. Mr. Wahl recommended that the major part of the retainage fee be released retaining $85,000 for the completion of the work, as indicated. The motion was made by Councilman Brown, seconded by Councilman Aderton to release $207,744.46, retaining $85,000 for the completion of the project. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39-353-523 Consider request by Flintkote Supply - Company for permission to install a 500 LP gas (32) tank at their property i_located at Northeast Loop 289 and Elder Avenue. Flintkote Supply Company requested the installation of a 500 LP gas tank on their property at the Northeast Loop 289 and Elder Avenue for the purpose of providing forklift fuel only. The Fire Marshal has made his inspection and recommends approval of this installation. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to authorize the above installation. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39-353-524 Resolution Nos. 489 and 490 (33) Consider Release of Liens (water and sewer) in favor of Dalton Earl Lightfoot and wife, Sandra Lightfoot. In August, 1970, and April, 1972, Mr. and Mrs. Lightfoot contracted with the City's sewer service; subsequently, the referenced liens were filed against the property in order to secure the contract. These contracts have now been paid in full and it is recommended the releases be authorized. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Resolution No. 489 (water pro rata lien) and Resolution No. 490 (sewer pro rata lien), authorizing the referenced Releases. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:bs RESOLUTION NO. 489 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Release of Lien for Water Pro Rata, said lien being filed of record at Volume 144, Page 163, Mechanics Lien Records of Lubbock County, Texas, 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 8th day of May 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Charles Northington Charles Northington, Chief Accountant APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Asst. City Attorney 354 I THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK WHEREAS, on the 18th day of August, A.D., 1970, Dalton Earl Lightfoo and wife, Sandra Lightfoot of the County of Lubbock, State of Texas, did execute, acknowledge and deliver to the City of Lubbock, Texas a certain contractual agreement and lien upon and against certain real property and improvements, if any, thereon for water pro rata described as follows, to -wit: Lot 1 and West 45' of Lot 2 Block 16 Piedmont Addition Which said agreement and lien of record is of record in Volume 144, on page 163, of the Mechanics Lien Records of Lubbock County, Texas, to which instrument reference is here made; and WHEREAS, said debt, lien and obligations secured thereby have been fully paid off and satisfied to the said City of Lubbock, Texas, the legal and equitable holder and owner of such debt, obligation and lien: NOW THEREFORE: In consideration of the premises, of the payment of such debt and obligations, and other good and valuable cash consideration, the receipt of which is hereby acknowledged, the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, has this day, and do by these presents, RELEASE, DISCHARGE, and QUITCLAIM unto the said Dalton Earl Lightfoot and wife, Sandra Lightfoot and their heirs (successors) and assigns, the contractual lien heretofore existing upon the above described premises under and by virtue of the above described instrument, and declare such lien fully released and cancelled. EXECUTED this 8th day of Ma Isl Evelyn Gaffga Evelyn Gaffga, City Secretary - Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK 19 80 THE CITY OF LUBBOCK, TEXAS BY:/s/ Bill McAlister Mayor APPROVED AS TO FORM: Isl Susan M Tom Susan M. Tom Assistant City Attorney /s/ Charles Northington Charles Northington Chief Accountant BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared BILL McALISTER, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 8th day of 19 80 Isl Jackie Suter Notary Public, Lubbock County, My commission expires 4-13-81 El 355 MAY 8 7980 SMT:bs RESOLUTION NO. 490 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Release of Lien for Sewer Pro Rata, said lien being filed of record at Volume 148, Page 163, of the Mechanic's Lien Records of Lubbock County, Texas, 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 8th day of Ma Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Charles Northington Charles Northington, Chief Accountant APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Asst. City Attorney THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § WHEREAS, on the 18th day of April, A.D., 1972, Dalton Earl Lightfoot and wife, Sandra Lightfoot, of the County of Lubbock, State of Texas, did execute, acknowledge and deliver to the City of Lubbock, Texas a certain contractual agreement and lien upon and against certain real property and improvements, if any, thereon for sewer pro rata, described as follows, to -wit: Lot 1 and West 45' of Lot 2, Block 16 Piedmont Addition (5123 61st Street) Which said agreement and lien of record is of record in Volume 148, on page 163, of the Mechanic's Lien Records of Lubbock County, Texas, to which instrument reference is here made; and WHEREAS, said debt, lien and obligations secured thereby have been fully paid off and satisfied to the said City of Lubbock, Texas, the legal and equitable holder and owner of such debt, obligation and lien: NOW THEREFORE: In consideration of the premises, of the payment of such debt and obligations, and other good and valuable cash consideration, the receipt of which is hereby acknowle the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, has this day, and do by these presents, RELEASE, DISCHARGE, and QUITCLAIM unto the said Dalton Earl Lightfoot and wife, Sandra Lightfoot and their heirs (successors) and assigns, the contractual lien heretofore existing upon the above described premises under and by virtue of the above described instrument, and declare such lien fully released and cancelled. EXECUTED this 8th day of Ma ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary - Treasurer THE CITY OF LUBBOCK, TEXAS BY: Isl Bill McAlister Mayor APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom Assistant City Attorney Isl Charles Northington 356 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared BILL McALISTER, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 8th day of Ma. 19 80 /s/ Jackie Suter Notary Public, Lubbock County, T My commission expires 4-13-81 80-39-356-525 Resolution No. 492 (34) A resolution appointing temporary and substitute Judges for the Lubbock Municipal Court of Record. In the Work Session held at 8:30 a.m., the Council was apprised of the need of updating these appointments inasmuch as the newly approved Municipal Court of Record is now in effect. This is a technicality which the City Attorney felt, for purposed of litigation, needed to be updated. The substitute/temporary Judges work on a per them basis ($50 per day) and spend approximately 100 hours annually in assisting the Court during vacations, sicknesses or backlog of workload. The present substitute/temporary Judges are Sy Marbut and Fred 0. Senter, Jr. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Resolution No. 492 allowing for the appointment of temporary and substitute Judges. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 492 WHEREAS, the City of Lubbock recently created Municipal Courts of Record in accordance with provisions of Vernon's Ann.Civ.St. art. 1200gg; and WHEREAS, said art. 1200gg places the duty to appoint temporary and substitute municipal judges upon the City Council of the City of Lubbock; and WHEREAS, it is advisable that temporary and substitute municipal judges should be available upon short notice if required in order that the business of the Municipal Courts of Record shall not be impeded by a temporary need for an additional judge or judges; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the following named persons, each of whom meets the requirement to serve as Municipal Court of Record judges, are hereby appointed temporary and substitute judges of the Lubbock Municipal Courts of Record. SYRIAN E. MARBUT FRED 0. SENTER, JR. Said persons shall serve part-time as required upon the request of the presiding judge of the Lubbock Municipal Courts of Record. Passed by the City Council this 8th day of May , 1980. Isl Bill McAlister ATTEST: BILL McALISTER, MAYOR Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Cecil G. Puryear 357 80-39-357-526 (35) 80-39-357-527 (36) 80-39-357-528 (37) 80-39-357-529 (38) 80-39-357-530 (39) 80-39-357-531 (40) 80-39-357-532 (41) 80-39-357-533 (42) 80-39-357-534 (43) Bid No. 5827 for electric items (warehouse stock). Item 1 General Electric Supply Company, Lubbock, Texas Items 2,3,5 Nunn Electric Supply Corporation, Lubbock, Texas Item 4 Temple, Inc., Lubbock, Texas Bid No. 5823 for manhole rings and lids (warehouse stock). Low Bidder Taylor Foundry, Wichita Falls, Texas Bid No. 5844 for bases for street light poles (warehouse stock). Low Bidder Union Metal Manufacturing Company, Dallas, Texas ($7,560.00) Bid No. 5818 for protective clothing (bunker coats and pants, boots, gloves) for the Fire Department. Items 1,2,5 Sears Roebuck & Company, # Lubbock, Texas Items 3,4 Daco Fire Equipment, Lubbock, Texas Bid No. 5807 for uniforms (Fire Department). J. B. Battle Uniforms, Oklahoma City, Oklahoma Bid No. 5834 for ferric sulfate (water treatment plant). Low Bidder Weskem Corporation, Bellaire, Texas ($15,200.00) Bid No. 5839 for valves (14" and 24") (Water Utilities --Pump Station No. 8). Item 1 Western Industrial Supply Company, Amarillo, Texas Item 2 Birmingham -Willamette Company c/o Jersey Equipment Company, Dallas, Texas Bid No. 5838 for remodeling firing range (basement of Police Station). Low Bidder E & E Construction Company, Lubbock, Texas ($16,834.00) Director of Purchasing Floyd Nesbitt reported that all of the referenced bids comply with the specifications and are the low bids. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve Bid Nos. 5827, 5823, 5844, 5818, 5807, 5834, 5839 and 5838. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Bid No. 5783 for construction of 138 KV transmission line (LP&L). At the 8:30 a.m. Work Session, Director of Sales and Services for LP&L Carroll McDonald indicated this was a continuation of the long-standing problem connected with the steel poles and the construction of the transmission line from Holly Plant to the Co-op Substation. This line was to have been completed during this past year, but for the last three years there have been various problems and deficiencies with the contractors in supplying the steel poles necessary. The above referenced bid is for materials and labor to install the transmission line; the steel poles had been purchased previously and will be utilized in this project. Mr. McDonald indicated there would be sufficient power supply to allow for any industrial customers in the future in the north/northeast part of the City. He further indicated that the entire transmission line was approximately nine miles in length and served as an interconnect between Holly Avenue Plant and the Jones Plant in Southwest Lubbock. The alternate #1 bid is J. W. Buck for $955,059.02, the low bidder. The Base Bid was $877,577.02. Alternate #1 bid, which4was recommended, provides for the conductor and insulators for double circuiting the line from Holly Plant to Structure #26. This will provide with the necessary construction to extend this line around the 358 80-39-358-535 Ordinance No. 8048 (44) An appropriation ordinance from the Electric Bond Fund for the labor, materials and erection of the 138 KV transmission line from Holly generating station to Co-op substation (Bid #5783, above). The referenced ordinance is in the sum of $955,059.02 from the Electric Light and Power System Revenue Bond Fund for the purpose of financing labor and materials of the 138 KV transmission line from Holly Plant to the Co-op Substation. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve Bid No. 5783, referenced above, and to pass Ordinance No. 8048 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ORDINANCE NO. 8048 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: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND The sum $955,059.02 For the following purpose: For the construction contract which includes the erection, labor and materials on a 138 KV steel pole transmission line from Holly Avenue generating station to the Co-op substation. AND IT IS SO ORDERED Passed by the Council on first reading this 8th day of Ma 1980. Passed by the Council on second reading this day of 1980. ATTEST: CITY SECRETARY -TREASURER VERIFIED BY:/s/J. Robe FINANCE OF APPROVED BY: /s/Carroll HEAD OF DEP Electric 80-39-358-536 Bid No. 5840 for traffic paint for striping runways (.Airport). (45) Low Bidder Adams Paint Company, Lubbock, Texas The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve Bid No. 5840, referenced above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39-358-537 Consider one appointment to the CANADIAN RIVER MUNICIPAL WATER AUTHORITY. (46) The term of J. Ray Dickey expires July 31, 1980. George C. Wilson 3303 - 40th (79413) 799-6133 Term: 2 years (5/8/80 - 7/31/82) 1W a Mas HcDonald DEPT. tilities (Refer to Page 359A,for the resolution, as required by the Canadian River Municipal Water Authority, the original of which is on file in the Office of the City Secretary.) 359 MAY 8 7980 80-39-359-538 Consider five appointments to the HUMAN RELATIONS COMMISSION. The terms of Bill (47) Crouch, Ida Alfaro, Theron Cole, Tavita Dorow and Elisio Solis expire 5/25/80. Bill Crouch 4528 - 78th (79423) 793-0039 Ida Alfaro 2110 Broadway (79401) 765-8248 Theron Cole 4611-A 35th (79414) 792-7420 Tavita Dorow 3309 - 37th (79413) 797-3916, (Mrs. Winton) Elisio Solis 1720 E. 2nd Pl (79403) 744-6647 All reappointed for three-year terms: 5/8/80.- 5/25/83 80-39-359-539 Consider one appointment to the PLUMBING BOARD, to fill the unexpired term of James (48) G. "Bud" Samson, who has asked to be replaced. His term expires l/l/84. (Category: Master Plumber, see Ord. 1670). This item was TABLED until the May 22, 1980, Regular City Council Meeting. 80-39-359-540 Consider one appointment to the LUBBOCK CIVIC CENTERS BOARD to fill the unexpired (49) term of Joan Baker, said term expiring 8/l/80. Robert L. York 3201 - 77th (79423) 799-5089 Bus: Owner, Western Sizzlin Steak House 8301 Indiana 795-6741 To complete the unexpired term of Joan Baker, said term expiring 8/l/80. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve the above referenced appointments, and to table the appointment to the Plumbing Board until the May 22, 1980, Regular City Council Meeting. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Following Executive Session, there being no further business, the motion was made by Councilman Brown, seconded by Councilman Aderton to adjourn at 2:40 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ATTEST: Evelyn Gaffga, City Mcrtt &*-Treasurer READ AND APPROVED ON THIS 22nd DAY OF May , 1980 A MZCXLCSTM, MAYOR RVOI-MW Evelyn Gaffia,"City ted'rry-Treasurer 359A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THE STATE OF TEXAS § CITY OF LUBBOCK § COUNTY OF LUBBOCK § ON THIS, the 8th day of May, 1980, the CITY COUNCIL of the City of LUBBOCK, Texas, met in regular session with five members present, when among other business transacted, the following action was taken: The Mayorintroduced the following resolution: WHEREAS, the City Council of this City heretofore elected ' Mr. J. Ray Dickey as a member of the Board of Directors of the CANADIAN RIVER MUNICIPAL WATER AUTHORITY for the term ending July 31, 1980, pursuant to the provisions of Chapter 243 of the laws passed by the Regular Session of the Texas Legislature in 1953, and, WHEREAS, such office has now become vacant by reason of request of Director J. Ray Dickey not to be reappointed, and WHEREAS, in the performance of its duty to do so under said law, this City Council desires to officially elect a person qualified to fill the vacancy occasioned as aforesaid, therefore, BE IT RESOLVED BY THE CITY COUNCIL of the CITY OF LUBBOCK, TEXAS: 1. That George C. Wilson, a qualified voter and a property owning taxpayer of the City of Lubbock who is not a member of the governing body or an employee of said City, be and he is hereby elected to the Board of Directors of the CANADIAN RIVER MUNICIPAL WATER AUTHORITY for the term beginning July 1, 1980 and ending July 31, 1982. 2. The director elected as aforesaid shall be certified to the Board of Directors of the CANADIAN RIVER MUNICIPAL WATER AUTHORITY by the Mayor of this City and shall otherwise qualify in the manner prescribed by the above mentioned law relating to said Authority. The above resolution having been read, the motion of Mr. E. Jack Brown for its passage was duly seconded by Mr. M. J. Aderton. Thereupon, the Mayor put the motion to a vote by the City Council and the motion carried by the following vote: "AYES" 5 "NOES" 0 The Mayor declared the motion carried and the resolution adopted. PASSED AND APPROVED, this the 8th day of May, 1980. Isl Bill McAlister Mayor, City of Lubbock, Texas ATTEST: /s/ Evelyn Gaffga CITY Secretary, City of Lubbock THE STATE OF TEXAS § CITY OF LUBBOCK § COUNTY OF LUBBOCK § I, the undersigned, City Secretary of the City of Lubbock, Texas, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of a resolution of the City Council of said City passed and adopted on the 8th day of May, 1980, as same appears of record in Book 39, Page 359A et seq., of the Minutes of said City Council. WITNESS MY HAND AND SEAL OF THE CITY OF LUBBOCK, TEXAS, this the 22nd day of May, 1980. /s/Evelyn Gaffga Secretary, City of Lubbock, Texas (CITY SEAL)