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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/22/1980360 MAY 2 � 1980 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING May 22, 1980 9:30 A.M. The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, May 22, 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 80-39-360-541 The invocation was given by Mayor Pro Tem Alan Henry. ( 1) 80-39-360-342 The Pledge of Allegiance to the Flag was given in unison by those present in the ( 2) Council Chambers. At 9:36 a.m. Mayor McAlister announced that an Executive Session would be held for the purpose of considering land acquisition and personnel matters; this announcement is in accordance with Section 2-F, Art. 6252-17, V.A.T.S. 80-39-360-343 Approval of the Minutes - Regular Meeting, May 8, 1980 3) The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve the minutes of May 8, 1980. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39-360-344 Special Presentation 8) J. 1��a Dickey, Certificate of Appreciation Mr. Dickey has served for 27 years as Director of the Canadian River Water Authority--1952, the date of its inception. He has asked to be relieved of his appointment effective July 1, 1980. 80-39-360-545 Board Appointments 4) Robert L. York Lubbock Civic Centers Board Proclamations 80-39-360-546 "Youth Awareness Week" - May 25-31, 1980 5) Receiving: Priscilla Sims, President of Soroptimist International of Lubbock 80-39-360-547 "Travel Agent Week" - June 1-7, 1980 6) Receiving: Becky Mathis, Global Travel and others 80-39-360-548 "Delta Kappa Gamma Week" - June 9-15, 1980 7) Receiving: Mary Rowlett, President of Alpha State Organization and others 361 80-39-361-549 "Texas Manufactured Housing Week" - May 25-31, 1980 (7A) Receiving: Wayne Swinney, A-1 Mobile Homes Carolyn Horn, Horn Mobile Homes Murle Rice, Luxury Living Mobile Homes Duane -Harrod, Mustang Mobile Homes Harold Lindley, Town & Country 80-39-361-550 "Buddy Poppies Sale Days - May 23 and 24, 1980 (7B) Receiving: William Griffin, Senior Vice -Commander for the VFW 80-39-361-551 Resolution No. 493 ( 9) Phil Hoel, Chairman of the Parks & Recreation Board, to appear to request approval of resolution authorizing the Mayor to execute a contract with the South Plains Association of Governments for a Title III Program for senior citizens. In Work Session at 8:30 a.m. Mr. Hoel appeared to apprise the Council of the above referenced item indicating that in a recent meeting with SPAG representatives on 5/21/80 at 4:00 p.m., the terms and conditions of the contract regarding Title III Nutritional Program for senior citizens was finalized; that continuation of home delivered meals, of which there are only nine, have been funded; that the program is administer from seven sites for senior citizens and includes serving 265 meals; that the referenced matter is for a four -month period --June 1, 1980 to September 30, 1980. Mr. Hoel, again, officially appeared before the Council at the Regular Session reiterating the above referenced matter; that the Title III project is divided into two parts --one portion is for social services and the other portion is for nutrition. The Nutritional Program's expenditures for the four -month period reflect a deficit of $15,460, which includes cleaning supplies, a minimum of administrative assistance, and a portion of the RSVP Title III Program. It is the recommendation of the Parks & Recreation Board to carry over $9,000 currently allocated from the Community Development Funds, and to allow $6,500 from CD Contingency Funds to.underwrite the Nutritional Program for the four months referenced above. He further indicated that a new contract with SPAG for the ensuing year would be closely examined utilizing the information gained over the next four months as to the utilization of the seven sites and whether or not two of the seven sites should be eliminated, to investigate economic impact of the participants at these proposed eliminated sites, whether or not to consider home -delivered meals, and whether or not CD funds should be used to supplement the project. This matter will be addressed in greater detail in late August. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve the Title III Nutritional Program for the next four months; additionally, that alternative funding should be strongly considered by the Parks & Recreation Board and statistical data be supplied before this matter is considered for the ensuing year. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Aderton and Brown and Councilwoman Baker voting Yea; none voting Nay. SMT:bs RESOLUTION NO. 493 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract with the South Plains Association of Governments and documents related to a Title III Program for senior citizens, 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 22nd day of May 119 ATTEST: Isl Evelyn GaffRa Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/Jim. Weston Isl Bill McAlister BILL MCALISTER, MAYOR Jim Weston, Director of Community Facilities APPROVED AS TO FORM: /s/Susan M. Tom aed Susan M. Tom, Assistant City Attorney 362 MAY 22, 1980 CONTRACT BETWEEN SOUTH PLAINS ASSOCIATION OF GOVERNMENTS M CITY OF LUBBOCK Part I General Provisions SECTION 1. PARTIES TO THE CONTRACT , AA3-8048-21-09 This contract is between South Plains Association of Governments, hereinafter referred to as SPAG and City of Lubbock hereinafter referred to as the CONTRACTOR. The Parties have agreed severally a and collectively to the execution and mutual obligations, and to the performance and accomplishment of the tasks hereinafter described. SECTION 2. CONTRACT PERIOD This contract shall commence on June 1, 1980 and shall terminateo on September 30, 1980 SECTION 3. CONTRACTOR'S PERFORMANCE Contractor shall develop and operate services in City of Lubbock (service areas) in accordance with the terms of PART I, GENERAL PROVISIONS, and in accordance with the terms of PART II, SPECIAL PROVISIONS as delineated in the following attachments which are indicated by initials as a part of this contract. X Attachment A - Budget X Attachment B - Title IIIb, Information and Referral Services Attachment C - Title IIIb, Transportation Services Attachment D - Title IIIb, In -Home Services X Attachment E - Title IIIb, Community Services - Legal Attachment Fl- Title IIIb, Other Community Services - Senior Center Operations Attachment F2- Title IIIb, Residential Repair Attachment F3- Title IIIb, Training for Participants X Attachment F4- Title IIIb, Senior Volunteer Services X Attachment G - Title IIIcl, Nutrition Congregate Meals Attachment H - Title IIIc2, Nutrition Home Delivered Meals Attachment I - Title IIIbl, Nutrition Social Services Contractor shall perform all activities in accordance with the terms of the Older Americans Act of 1965, as amended October 18, 1978, its regulations, and including Grants Management regulations TITLE 45 C.F.R. PART 74 dated September 19, 1973, Federal Management Circulars, OMB circulars, and applicable State laws. SECTION 4. SPAG FUNDING OBLIGATIONS A. Measure of Liability In consideration of full and satisfactory performance of the activities described in this contract, SPAG shall be liable to Contractor for actual costs incurred by Contractor, within the period of this contract, for performances rendered hereunder subject to Contractor furnishing its share of the costs incurred. 1. It is expressly understood by the Contractor that the ability and obligation of SPAG to fund this contract is based solely on a commitment to SPAG from the Texas Governor's Committee on Aging to provide funds. The contractor shall have no claim, under terms of this contract, on any funds from SPAG other than these. SECTION 5. CONTRACTOR'S MATCH A. Program income may be used for Contractor's share of allowable costs according to the following requirements. 1. Program income derived from participant contributions for nutrition services must be used in a manner to increase the number of meals served by the nutrition project. Adequate documentation of participant nutrition contributions and their use will be main- tained by the Contractor. B. Amounts may be counted toward Match only if they are costs for resources of a type specified by the budget categories, delineated in Attachment A - Budget of this contract. 362A MAY 22, 1980 C. In -Kind contributions, hereinafter referred to as contri butions, means property or services provided to Contract by non-federal third parties without charge to Contracto or SPAG which are: 1. identifiable from Contractor's records 2. not included as contributions for any other state or federally assisted programs, and 3. allowable as direct costs under the provisions of this contract. D. The basis for determining the value of all in -kind Match shall be adequately documented. SPAG shall have access to and the right to examine all such documentation. Valu tion of contributions shall be determined in accordance with the following provisions: 1. if the contribution is of tangible personal property having a useful life of more than one year and acquisition cost greater than $300.00 and title passes to Contractor, prior approval of SPAG is required. 2. contribution of the use of space may be counted at fair rental value. E. Contractor's Match may not be met by federal funds from any source except as provided by federal statute. For the purposes of this contract general revenue sharing funds are not considered federal funds. F. Expenditure of Contractor's Match at ten percent (10%) of total allowable project costs will earn federal funds at ninety percent (90%) of such costs and if, during the contract period, the ratio of total actual expenditures from SPAG's share to the total actual expenditures from Contractor's share is greater than the ratio of SPAG's share to Contractor's total share as specified in Attachment A - Budget, then SPAG may suspend further payments until the disproportion is corrected. G. Each request by the Contractor for reimbursement from SPAG for allowable project costs shall be documented by appropriate records on file with the Contractor, evidencing non-federal matching contributions in an amount equal to at least 10% of reported project total costs during the period for which payment is requested. H. Notwithstanding any other provision of this contract, Contractor may expend an amount greater than that designated as Contractor's Match on purposes or activit allowable under this contract. SECTION 6. PROGRAM INCOME A. Program Income is that income earned by Contractor from allowable activities arising from performance of this contract which is either 1. borne as a direct cost by SPAG according to the terms of this contract, or 2. counted as an allowable cost toward meeting Con- tractor's Match requirement according to terms of this contract. B. Program Income must be spent on allowable costs. C. Program Income must be spent during the CURRENT PERIOD. D. Program Income must utilize and be reported by the Contra in one of the following alternative methods: i 1. program income may be used by the Contractor for current allowable costs incurred for performances specified and budgeted according to terms of this contract. The amount of program income utilized in this manner will not count toward satisfying the Contractor's Matching requirement but will be deducted from the amount obligated to the Contractor by SPAG according to the terms of this contract. The maximum percentage of SPAG participation will 2tor M� MAY 22, 1980 costs according to the terms of this contract. E. Contractor must maintain records of the receipt, accrual and disposition of program income in the same manner as required for other contract funds and must report monthly and at the close of the contract, in a format prescribed by SPAG. S1r.TION 7. OPERATING BUDGET This contract and the contract operated hereunder by the Contractor shall be governed by a Budget as defined on Attachment A - Budget. A. Adjustments to approved individual budget line item amounts may be made by the contractor, providing that the adjustment to an individual line item does not exceed ten percent (10%) of the line item amount, that the total of line item adjustments within a cate- gory does not exceed 10% of the category amount, and that there is no change in the category total amount. B. Adjustments amounting to more than that provided in A above may be made by the Contractor only with prior written authorization of SPAG. C. Allowability of costs incurred under Attachment A - Budget, whether billed to SPAG or counted toward Contractor's Match, shall be in accordance with pro- visions of 45 C.F.R. Part 74 and other applicable federal regulations. D. When 45 C.F.R. 74, or its appendices, provide that a cost is allowable only when authorized in writing, prior written approval from SPAG must be obtained. Approval of the Contractor's Budget, Attachment A - Budget, shall constitute written approval only if detailed budget justification supporting the purpose, need, and reasonableness of such cost is included as part of the budget. SECTION 8. LEGAL AUTHORITY A. Official motions, resolutions, or other action regarding this contract will be made a part of the official records of the Contractor and SPAG shall be furnished a copy'of those records as requested. B. A copy of official records shall be furnished SPAG when a change is made in the official/s authorized to commit for the applicant organization. C. If there is a dispute as to the legal authority of either party or person signing this contract, either party shall have the right to temporarily suspend or permanently terminate the contract. Contractor is liable to SPAG for any money it has received from SPAG for providing services under this contract if SPAG has suspended or terminated the contract in this Section. D. In the event project monitoring/evaluation activities by SPAG or its agents disclose serious deficiencies in the operation of a project included in the terms of this contract, SPAG may elect to suspend this con- tract, pending a review of project operations. The Contractor shall be notified in writing of any such suspension and SPAG shall only be liable to Contractor for costs incurred prior to the date of suspension. SECTION 9. RECORDS AND REPORTS A. Contractor shall maintain fiscal records and supporting documents of all expenditures of funds under this contract in a manner which conforms with generally accepted accounting procedures. B. Current fiscal records and supporting documents shall 362,C be maintained at the Contractor's central office located at 2001 19th Street and 10th and Texas Lubbock, Texas C. Auditable accounts and records shall be retained for a period of three years following expiration of this contract. Records shall be retained beyond this period if there are any unsolved questions regarding them or regarding any performances under this contract. Such records shall be maintained at the Contractor's central office located at 2001 19th Street and loth and Texas Lubbock, Texas and shall be available to any auditing entity from SPAG, the Governor's Committee on Aging, or federal auditors as required by 45, C.F.R. Part 74. D. Contractor shall submit to SPAG other information regard' project operations as may be necessary from time to time. Such information shall be submitted by the Contractor on a timely basis and on a form prescribed by SPAG. SECTION 10. NEPOTISM No officer, employee, or member of the Contractor's Board of Directors shall appoint, vote for, or confirm the appointment of any person related wi the second (2nd) degree of affinity or with the third (3rd) degree on consar to that person so appointed or so voting when the salary, fees, or compensat of such appointee is to be paid for, directly or indirectly, out of or from funds provided by SPAG or from Contractor's Match. SECTION 11. SECTARIAN ACTIVITY None of the services delivered under this contract shall involve and nc portion of the funds received by Contractor hereunder shall be used for any sectarian or religious activity. SECTION 12. CONFLICT OF INTEREST A. Contractor shall assure that no member of its governing body, employee, or agent shall participate in the selection award, or administration of a subcontract undei this contract where any of the following has a financial interest in the contract: 1. the employee, officer, or agent; 2. any member of the immediate family, as that term is defined in Section 10 of this contract; 3. his or her partner; 4. an organization in which any of the above is an officer, director or employee. B. SPAG shall assure that no officer, member, or employee who exercises any functions in the review on approval of the undertaking or carrying out of this contract shall: 1. participate in any decision relating to this contract which affects his personal financial interest or the interest of any corporation, partnership, or association in which he has a direct or indirect personal financial interest; 2. have any financial interest, direct or indirect, in this contract or the proceeds thereof. Nothing in this subsection shall prohibit public officials of units of local government from serving on SPAG's governing body, or on the Advisory Council, established pursuant to SPAG's bylaws, notwithstandir the fact that such unit of local government is receiving or may receive funds for the provision of services under the terms of this grant. ig inity 362D MAY 22, 1980 C. Contractor shall maintain a code of conduct to govern the performance of its officers, employees, or agents engaged in the awarding and administration of such contracts under this contract. Such code shall contain appropriate disciplinary actions to be applied for violations of the code. Such code shall include provisions prohibiting the solicitation or acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. D. None of the performances rendered hereunder shall involve, and no portion of the funds received by Contractor hereunder shall be used for, and any political activity (including but not limited to any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. SECTION 13. PROPERTY A. Contractor shall not purchase, transfer, or dispose of any real property or non -expendable personal property except in accordance with regulations pro- mulgated by U.S. Department of Health, Education and Welfare for the Administration of Grants, 45 C.F.R. Part 74, Subpart 0. B. Contractor shall maintain a record of all equipment purchased under the terms of this contract. Any capital equipment having an acquisition cost of $300.00 or more and with a normal life expectancy of one year or more, purchased under the terms of this contract, shall revert to and be delivered by the Contractor to SPAG in the event that services described herein are terminated either during or subsequent to the contract period. C. With this contract, Contractor shall report all equipment as described in subsection 13-B, above, which has been purchased under the terms of prior contracts; and on the completion of this contract, report all equipment pur- chased under the terms of this contract. D. Contractor shall establish a property control system to ensure adequate safeguards to prevent loss, damage, or theft of property acquired under this contract. Any loss, damage, or theft of such property shall be reported to SPAG as soon as discovered by Contractor. SECTION 14. BOARD OF DIRECTORS A. Contractor shall assure that its Policy Board meet at least monthly, but no less often than bi-monthly and that minutes of those meetings be filed and reflect all official business conducted at each meeting. B. Private, non-profit incorporated contractors shall assure that an annual meeting is held in compliance with the State of Texas incorporation charter. Minutes of the annual meeting shall be filed and shall contain a record of all official business transacted at that annual meeting. SECTION 15. PERSONNEL A. Contractors shall establish and maintain personnel policies, including affirmative action policies in compliance with Title VI Civil Rights Act of 1964. (See Section 16). B. Private, non-profit incorporated contractors operating a senior center or a nutrition program shall hire staff who have the authority and the responsibility to develop and implement the activities described in this contract. Such person shall be qualified by education and experience to fulfill the provisions of this contract. C. Subject to the requirements of Subsection A of this section, Contractor shall give preference in hiring for full or part-time positions to persons aged sixty (60) or over, when hired under and compensated through the Title III program. 362E. MAY 22, 1980 SECTION 16. EQUAL OPPORTUNITY A. Contractor assures that no person shall, on the ground of race, age, religion, color, handicap, national origin, sex, political affiliation, or belief, be excluded from, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part under this agreement or otherwise under Contractor's control. Contractor shall comply with Title VI of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000(d)) and with the provisions of 45 C.F.R. Part 80. B. Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employ- ment without regard to their race, religion, color, sex, age, or national origin. Such action shall include, but not be limited to, the following: employment, upgra� demotion or transfer, recruitment or recruitment adver- tising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to post, in conspicuous places available to employees and appli- cants for employment, notices setting forth the require- ments of these nondiscrimination provisions. C. Contractor shall state in all solicitations or advertise- ments for employees placed by or on behalf of Contractor that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, age, or national origin. D. Contractor shall send to each labor union or representa- tive of workers with which it has a collective bargaining agreement or other grant or understanding a notice, advising the labor union or workers' representative of Contractor's commitments to equal employment opportunity and affirmative action and shall post copies of the notice in conspicuous places to employees and applicants for employment. E. Contractor shall comply with all applicable equal opportunity laws, rules, regulations, and orders, and other employment laws, rules, regulations, and orders promulgated on federal, state, and local levels. F. Contractor shall furnish all information and reports and shall permit access to its books, records, and accounts for purpose of investigation to ascertain compliance with equal opportunity and affirmative action. G. In the event of Contractor's non-compliance with the equal opportunity conditions of this grant, this grant may be cancelled, terminated, or suspended in whole or in part; Contractor may be declared ineligible for further contracts and such other sanctions may be imposed and remedies invoked as otherwise provided by law. H. Contractor shall include all clauses A through H of Section 16 in subcontract or purchase order exceeding TEN THOUSAND AND N01100 DOLLARS ($10,000.00) so that such provision will be binding upon each subcontractor or vendor. I. Contractor shall comply with the Equal Pay Act of 1963 (29 U.S.C. 201-219), as amended, and covenants that it shall not practice wage differentiation in employment based on sex. J. The Contractor shall comply with the Age Discrimination in Employment Act, as amended, 29 U.S.C. 621-634, and covenants that it shall not discriminate in employment against any person because of his/her age or specify, in solicitations or advertisements, a maximum age limit except or unless it is based upon a bona fide occupational qualifications, retirement plan, or statutory requirement. 9� 362F MAY 22, 1980 K. Contractor agrees that facilities, programs, and services supported in.whole or in part with federal funds will be so located as to be readily accessible, available and responsive to the needs of the population to be served without discrimination because of sex, race, color, age, religion, national origin, creed, or duration of residence and that their services be publicized so as to be generally known to the population to be served. SECTION 17. DISABLED VETERANS A. Contract shall not discriminate against any employee or applicant for employment because he or she is a disabled veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veteran's status in all employment practices. B. Contractor agrees that all employment opening of Contractor which exist at the time of the execution of this grant and those which occur during the perfor- mance of this grant, including those not generated by this grant, and including those occurring at an establishment of the Contractor other than the one wherein the grant is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. Contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required. Such reports shall comply with all relevant provisions of 41 G.F.R. Part 60-250. i State and local government agencies holding federal contracts of TEN THOUSAND AND N01100 DOLLARS ($10,000.00) or more shall also list all their suitable openings with the appropriate office of the state employment service, but are not required to provide these reports as set forth in paragraphs D and E of this Section. C. Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. D. In the event of Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor pursuant to the Act. E. Contractor will include the substance of this provision in every subcontract or purchase order of TEN THOUSAND AND N01100 DOLLARS ($10,000.00) or more unless exempted by rules, regulations, or orders of the Secretary of the United States Department of Labor issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Grant Compliance Programs may direct to enforce such provisions, including action for non-compliance. SECTION 18. AFFIRMATIVE ACTION FOR HANDICAPPED A. The Contractor shall not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimina- tion based upon their physical or mental handicap in all employment practices such as the following: employ- ment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. B. The Contractor shall operate all programs and activities funded under this contract so that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise 362G MAY 22, 1980 be subjected to discrimination under any such program or activity. Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, P.L. 93-112, as amendEl, so that programs or activities are readily accessible to and usable by handicapped persons. C. The Contractor agrees to comply with the rules, regulatic and relevant orders issued pursuant to the Rehabilitatior Act of 1973, Pub-L. 93-112, as amended by the Rehabilitat Act Amendments of 1974, Pub-L. 93-516, which are codifies at 45 C.F.R. D. In the event of the Contractor's noncompliance with the requirement of this grant, Committee may cancel, terminate, or suspend this grant in whole or in part; the Contractor may be declared ineligible for further contracts and such other sanctions may be imposed and remedies may be involved as otherwise provided by law. E. The Contractor will include the provisions of this Section in every subcontract or purchase order of TWO THOUSAND FIVE HUNDRED AND N01100 DOLLARS ($2,500.00) or more unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 503 of the Rehabilitation Act of 1973, so that such provisions shall be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontract or purchase order as SPAG may direct to enforce such provisions, including action for noncompliance. SECTION 19. CONTRIBUTIONS BY RECIPIENTS A. Contractor shall assure that all entitiess-providing services under this contract shall provide those receivir such services the opportunity to contribute to all or part of the cost of the services provided. B. Contractor shall assure that: 1. each older recipient will be informed that he or she may determine, without pressure, whether to contribute and how much to contribute; 2. the privacy of each person with respect to contributions will be protected; and 3. all contributions are safeguarded and adequately accounted for. C. Nutrition Contractors shall assure that all contributio for meals shall be used to increase the number of meals served. D. Contractor shall assure that no person shall be denied services because of failure to contribute for the servic SECTION-20, TRANSPORTATION A. Whenever funds provided under this contract are used to establish needed social or nutrition services to older persons, Contractor shall develop plans for transportatic to ensure that older persons have access to such service: B. Funds under this contract may not be used to provide a direct subsidy to an overall reduced fare program for a public or private transit system. C. Contractors may enter into agreements with agencies which administer programs under the Rehabilitation Act of 1973 and Titles XIX and XX of the Social Security Act for the purpose of meeting the common need for transportation services of participants under the common program. Funds may be utilized to the extent provided in Attachment A - Budget to purchase or pool transpor- tation services under the above listed Acts. SECTION 21. COMMUNITY FOCAL POINTS Specific community focal points for comprehensive service delivery in community have been designated by SPAG. These are as follows: F M 1. Lubbock Adult Center (26th & Avenue P) 2. Mae Simmons 3. Redeemer Lutheran Church 4. Homestead 362H MAY 22, 1980 5. Copper Rawlings 6. Zenith 7. Emanuel Methodist SECTION 22. OUTREACH A. Contractor agrees to provide outreach services and to maintain records to assure that outreach activities are being conducted pursuant to this contract. B. For the purposes of this contract, preference shall be given to identifying those with the greatest social or economic needs: 1. greatest social need means factors such as isolation, physical or mental limitations, racial or cultural obstacles, or other non -economic factors which restricts individual ability to carry out normal activities of daily living and which threaten an individual's capacity to live independently; 2. greatest economic need means an income level that falls below the poverty level established by the Bureau of the Census. SECTION 23. TRAINING Contractor shall assure that its employees, Title V employees under the Senior Service Employment Programs, older Americans Act, or volunteers delivering services under this contract participate in training events established by SPAG. SECTION 24. PUBLIC INFORMATION Contractor shall assure that a public information program about services under this contract are effectively distributed throughout Contractor's service area. SECTION 25. ADVOCACY SPAG shall provide advocacy and leadership on behalf of all older persons in Contractor's service area and will appoint observers to monitor policies, programs, hearings, levies, and community actions which may effect older persons. SECTION 26. ORDER OF PREFERENCE In the event there are conflicts among the provisions of this contract, the conflicts shall be resolved by giving precedence to Sections 1 through 29 appearing on the first 12 pages of this contract and all attachments thereto. SECTION 27 AUTHORITY The authority on which this contract is based derives from the Older Americans Act of 1965, as amended, its regulations dated March 31, 1980; H.E.W. regulations on Administration of Grants Title 45 C.F.R. Part 74 and Title 41 C.F.R. Part 60-250 pertaining to employment of Disabled Veterans, dated September 19, 1973, and revised August 2, 1978; Title VI of the Civil Rights Act of 1964, the Clean Air Act and the Clean Water Act; the Contract Work Hours and Safety Standards Act; provisions pursuant to the Rehabilitation Act Amendments of 1974, codified at 45 C.F.R.; Historic Preservation Act; Flood Control Act, Housing and Urban Development Act of 1974, and, with all state and local laws as pertain to this contract and its attachments. SECTION 28. ORAL AND WRITTEN AGREEMENT This contract constitutes the sole agreement of the parties hereto and supercedes any prior understanding or agreement of the parties respecting the within subject matter. Contractor evidences its understanding and agrees that any prior agreement is terminated as of the effective date of this contract. Both parties agree that SPAG shall not be liable for any costs incurred by Contractor except to the extent provided in this contract. SECTION 29. Both parties understand and agree that each individual signing this contract do so as a representative of SPAG or Contractor respectively, and in 3621 MAY 22, 1980 the absence of gross negligence or intentional wrongdoing by such indiviauaq shall not be personally liable under it; and both parties further agree, it the absence of such negligence or wrongdoing, to seek recourse solely agaiA t SPAG or the Contractor, as the case may be, in case of breach. I WITNESS OUR HANDS EFFECTIVE THIS 22 day of May 19ED. ATTEST: CITY OF LUBBOCK Isl Evelyn GAffga Isl Bill McAlister Evelyn Gaffga, City Secretary- BILL McALISTER, MAYOR Treasurer APPROVED AS TO CONTENT: Isl Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: Isl Susan Tom Susan M. Tom, Assistant City Attorr1ey Approved and accepted on behalf of South Plains Association of Governments /s/,-Jerry Casstevens Jerry Casstevens, Executive Direct r South Plains Association of Governments *Please attach copy of minutes including official action authorizing the individual/s (maximum of two persons) to commit for the contractor. N OTE: Attachments A,B,E,F4,G,H,&I are filed with ORiginal Resolution 363 80-39-363-552 Steve McIntyre of West Texas Legal Service will present a petition (10) to the Council concerning the adoption of due process procedures for the termination of gas services by Pioneer Natural Gas Co. At the Work Session held at 8:30 a.m., the Council was informed that Mr. McIntyre had filed with the City Secretary a petition on behalf of eight or more families, and they were advised by City Attorney John Ross that the matter to be considered in Council Meeting was the establishment of procedures for such situations and not to consider a specific case. Mr. Steve McIntyre, representing the West Texas Legal Services, appeared before the Council to request their adoption of due process procedures for termination of gas services by Pioneer Natural Gas Company. These appearances/requests are a part of a nationwide effort on the part of Legal Services which require City Councils to hold public hearings to consider procedures in similar procedures of discontinuance of utility services for residents within apartment complexes. The point in question involves the Coronado Apartments located in East Lubbock which has an unpaid gas bill totaling $18,000; the manager of the apartment complex has vanished, taking with him the money that tenants have paid for their rent, a portion of which is to be applied to their proportionateshare of the utility services; that a total of 66 persons (nine families) are the petitioners in this matter, of which 58 or 59 are women and children; that apparently PNG elected to discontinue service of nonpayment of the utility bill without notice to the tenants, said discontinuance taking place some two weeks previous to this discussion. Upon inquiry from Mayor McAlister, City Attorney John Ross advised Mr. McIntyre that he may present certain facts pertinent to the issue, but the Council could only listen to the facts and not consider the case on its merit. Mr. McIntyre proceeded and requested the following release: (1) it is requested that PNG establish procedures that are reasonable for the termination of utility service; (2) that the tenants may contest the procedures or make arrangements with the Pioneer Natural Gas Company for continued service; and (3) that the tenants ask that the immediate relief be afforded them by continuing the utility service, i.e. order PNG to turn gas back on. In response to Mr. Ross' query, Mr. McIntyre indicated that this would be by order of the Council, order of the Court, or something similar to a temporary restraining order. The motion was made by Councilman Brown, seconded by Councilman Aderton to submit the situation with the referenced petitions filed on behalf of the nine families to the City Attorney for research and legal opinion. Mr. Ross indicated that copies of the petitions should be forwarded to PNG, and requests their response; this should be done by Mr. McIntyre or members of his firm. Mr. McIntyre queried as to a ruling on his proposed order or relief mentioned above, to which Mr. Ross responded that he would have to think about it; that he was unsure that the Council could issue a TRO to PNG without giving due notice allowing them and/or these tenants in question to appear; he recommended to the Council that he would have his staff research the matter and respond later in the day. Councilman Brown then amended his motion to include research and consideration of a TRO, and responding to the matter later in the day. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Mr. McIntyre indicated that he would appreciate any assistance from CD funds or other funds or any private agencies who wish to assist in the payment of this utility bill. At 2:55 p.m. following other matters on the agenda being finaliezed, Mr. Ross reported that pursuant to Article 1446c, V.A.T.S. (PURA), no references were made for the entry of any "temporary" orders except in the case of rate setting procedures; that the statutes do give the City Council, as a regulatory authority, discretionary authority to hear such matters, but only with reasonable notice and hearing. Mr. Ross indicated that neither the tenants nor PNG had received such notice. He advised the Council against acting on this matter as requested by Mr. McIntyre. Mr. McIntyre was to be so informed by the City Attorney's Office. 364 80-39-364-553 (11) II 00 � 0 C r. 00 co C'q 44 � 0 a) r- 00'.r. -'t C> 00 00 Ul) r 41b 'ZWW �4 _�rq C :1 0 W 44� -r4 '0 e. � 4J f4 C>r4 CZ C) 4-4 $ H N � a4 ba-0 0 r. -ri )4 czaw-j a, IC"o ::) Q. 0 0 ­4 000000 q U-) C'J r-q N —i Mop 00 0 ­1 ­1 � 110 r- 00 0 CD ca M Q) a) Q) P N � Q) a) a) 110"IJ Ili PW P 000 a) a) a) Wbo to r. r. 0 Cd 0 W �a4 r. UUU I 80-39-364-554 (12) Ordinance No. 8047 An appropriation ordinance for renovation of Southeast Reclamation Plant (Water Capital Project Fund). (The fund was listed erroneously; it should be listed as Sanitary Sewer Capital Project Fund.) ORDINANCE NO. 8047 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 $1,599.00 For the following purpose: Install four light fixture poles $1,058.00 Concrete blocks for filter floor 541.00 channel $1,599-00 36-0001-14800-01982 THAT the fact that public necessity and convenience requires that this Ordinance be passed as an emergency measure for reasons set forth in the preamble hereof, 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 emergency measure to take effect from and after its passage and publication as set forth hereinabove. AND IT IS SO ORDERED Passed by the Council this 8th day of May, 1980. Passed by the City Council this 22nd day of May, 1980. ATTEST: CITY SECRETARY-TREAS. Ordinance No. 8048 s/Bill McAlister VERIFIED BY: Isl J. Robert Massengale APPROVED BY: Isl Wilford D. Watson HEAD OF DEPT. Water Utilities Dept. An appropriation ordinance from Electric Bond Fund for labor, materials and erection of the 138 KV transmission line from Holly generating station to CO-OP station. 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 365 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 May, 1980. Passed by the Council on second reading this 22nd day of May, 1980. sl Bill McAlister ATTEST: /s/ Evelyn GafLga VERIFIED BY: /s/ J. Robert Massengale CITY SECRETARY -TREASURER FINANCE OFFICER APPROVED BY: /8/ Carroll McDonald READ OF DEPT. DEPT. Electric Utilities 80-39-365-555 Ordinance No. 8046 (13) An ordinance revising water rates as contained in Section 34.10. _� - - Z�­ T4.il and 34.12 of the Code of This ordinance was passed on first reading at the May 8, 1980, meeting. A paragraph with regard to the 10% increase in rates, taking effect October 1, 1980, as established in Ordinance No. 7488 passed in 1977, was inadvertently omitted; that this correction was being made by the City Attorney's Office. JWF:bs 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. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8047, 8048 and 8046 on second and final reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman taker voting Yea; none voting Nay. 80-39-365-556 Ordinance No. 8049 - Zone Case No._2283 (14) ,Request of Bobby J. Moody (for E. E. Lokey) to change Lot 10, Nancy *Publisher's Addition and Lots 6 thru 10, Block 1, Ada E. Hood Addition, City of Affidavit on Lubbock,Lubbock County, Texas, from A-2 to C-2A Zoning District page 365A. (located at 1502 - 53rd St.). The Planning and Zoning Commission recommended that this request be approved. In accordance with Notice of Public Hearing published in the Lubbock - Avalanche -journal May 6, 1980, a public hearing was held on the above m_at_ter. Proponent: David Ellison, Attorney, on behalf of E. E. Lokey This request involves a small expansion on an existing "C-2A" tract previously granted for office use for a coupon clearing house owned and operated by Mr. Lokey; that present construction is not contemplated, but Mr. Lokey requested the change for future expansion. The area is bounded on the north by "A-2" zoning which is multi -family residential; on the south by "C-4" zoning presently occupied by an automobile agency; on the east by "A-2" zoning, a multi -family residential; and on the west by "C-2A" zoning for light commercial purposes. This area has been in a transitional state from low -density residential to commercial and high density apartments. There being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to uphold P & Z, and pass Ordinance No. 8049 on first reading. 365A MAY 2 2 1980 80-39-365-556 (14) 80-39-366-557 (15) 80-39-366-55"8. (16) `� spy . THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Mari i yn Pierce a Notary Public in and for Lubbock County, Texas on this day personally appeared J. Q. Riekmant Business Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Legal Notice - 355 words @ 251 a e r word - $88.75 No. 828194 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: May 69 1980. (city of Lubbock P.O. No. H-9686) B i ss Manager LUBBOC , VALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 9th day of May , 19 80 FORM58.10 365B MAY 2 2 1980 80-39-367-559 (17) 6 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Mari I Yn Pierce a Notary Public in and for Lubbock County, Texas on this day personally appeared J. C. Riekmanv Business Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Legal Notice - 194 words Ca 25t Per word - $48.50 No_ 828195 at Lubbock County, Texas and the attached print- ed copy of the Notice is a true coppy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: May 6 � 19'80. (City of Lubbock P.O. No. H-9686) v ' Bu i ss Manager LUBBOC AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 9th day of May , 19 80 FORM 58-10 ;, 366 lmla�m Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan submitted for filing in the City Secretary's Office.) ORDINANCE NO. 8050 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. 2283; CHANGE LOT 10, NANCY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-2 to C-2A ZONING DISTRICT; CHANGE LOTS 6 THROUGH 10, BLOCK 1, ADA E. HOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-2 TO C-2A 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. 80-39-366-557 Ordinance No. 8050 - Zone Case No. 2284 (15) Request of J. R. Blumrosen (for Plains Cooperative Oil Mill, Inc.) to change part of Lots 1 thru 24, Needles Addition and part of Lots 1, 2 and 3, Chartoff Addition, City *Publisher's of Lubbock, Lubbock County, Texas, from M-1 to M-2 Zoning District (located North of Affidavit on 34th Street and from 0 feet to 825 feet East of Elm Avenue). page 365A. The Planning and Zoning Commission recommended this request be approved, subject to the following conditions: a. Thatitbe limited to the oil mill and related uses; b. That there be a 10' setback of stock piling materials on 34th Street. In accordance to Noticeof Public Hearing published in the Lubbock Avalanche -Journal May 6, 1980, a public hearing was held on the above matter. Proponent: J. R. Blumrosen, Attorney, on behalf of Plains Co-op 6171 Mill, Inc. The area fronting on 34th Street has traditionally been an eyesore involving rundown buildings and junk yards. Because of the presence of the existing oil mill during the development of the Coronado Urban Renewal Plan, a buffer zone of "M-1" light industrial area was placed along the railroad track between this requested site and the residential area in Coronado. The area is bounded on the north by a railroad track bordered by a buffer zone of "M-1" light industrial; on the south by 34th Street and "C-4" heavy commercial and "M-l" light industrial zoning; on the east by "M-l" light industrial zoning; and on the west by "M-2" heavy industrial zoning presently occupied by the Lubbock Cotton Seed Oil Mill. There has been given considerati( to the adjacent residential by providing proper buffer zones, and the representative of the A & M Agricultural Experimental Station indicated that there would be very little lint or dust fallout resulting from the seeds being stockpiled in this area. In the area where cotton seed is stockpiled and tends to break through the fences on 34th Street, the P & Z did place a condition on the request to the effect that there be a 10-foot setback on the 34th Street side and that the area be limited to oil mill or related uses. Mr. Blumrosen indicated this was agreeable to the proponent. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman Brown, seconded by Councilwoman Baker to uphold P & Z, and to pass Ordinance No. 8050 on first reading, including the referenced conditions. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.(No site plan submitted for filing in the City Secretary's Office.) ORDINANCE NO. 8050 '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. 2284; CHANGE A TRACT OF LAND OUT OF SECTION 5, BLOCK B, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM M-1 TO M-2 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. 80-39-366-558 Ordinance No. 8051 - Zone Case No. 2285 (16) Request of Raymond Hogan to change Lots 14 thru 21, Block 5, Country Club Addition, *Publisher's City of Lubbock, Lubbock County, Texas, from R-2 to M-1 Zoning District (located at Affidavit on 1322 Itasca Street). page 365A. The Planning and Zoning Commission recommended that this request be approved. In accordance to Notice of Public Hearing published in the Lubbock Avalanche -Journal May 6, 1980, a public hearing was held on the above matter. Proponent: Raymond Hogan A portion of this area was zoned for industrial purposes prior to the 1970 Lubbock Tornado, and it is the proponent's desire to complete the "M-l" zoning for the entire portion with the purpose being for possible industrial expansion. The area is bounded by "M-l" light industrial on the north; "R-2" duplex or single-family use on the south; "M-l" light industrial zoning on the east and on the west. There being no opposition and no discussion, the hearing was closed. 367 The motion was made by Mayor Pro Tem. Henry, seconded by Councilwoman Baker to approve the request, and pass Ordinance No. 8051 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site planwas submitted for filing in the City Secretary' Office.) ORDINANCE NO. 8051 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. 2285; CHANGE LOTS 14 THROUGH 21, BLOCK 5, COUNTRY CLUB ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO M-1 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39-367-559 Ordinance No. 8052 (17) An amendment to the Zoning Ordinance concerning front lot line setbacks in residential areas (Sec. 2.49A). *Publisher's In accordance with Notice of Public Hearing published in the Lubbock Affidavit on Avalanche -Journal May 6, 1980, a public hearing was held on the above page 365B. matter. 80-39-367-560 (20) 80-39-367-561 (21) 80-39-367-562 (22) In 1975 wording was placed in the Zoning Ordinance which effectively stated that a front lot line will exist along both streets of a corner lot in residential areas unless one side of the lot is separated by an alley from the adjacent residential uses. The purpose of this was to keep corner lot houses from sticking out in front of other houses along the block. Director of Planning Jim Bertram indicated there had been enumerable variance requests from developers appearing before the Zoning Board of Adjustments asking, and being granted, variances to this section of the Zoning Ordinance; that the requests were sufficient in number to cause a heavy work load on the ZBA agenda, and it was deemed advisable to amend the ordinance to reflect that there would be a 25-foot setback only on the narrowest side of the lot, and would permit a 10-foot setback on the side yard except where there is a garage which would continue to require a 20-foot setback. (A diagram is on file in the City Secretary's Office attached to the referenced ordinance.) There being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Ordinance No. 8052 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:pc ORDINANCE NO. 8052 AN ORDINANCE AMENDING ZONING ORDINANCE 7084 OF THE CITY OF LUBBOCK; REFERRING TO RESIDENTIAL FRONT LOT LINES, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Consider the price and conditions of sale Parcel 16-6 (a part thereof) in the Coronado -Tex. R-33 Urban Renewal Area. Redeveloper Price Purpose William D. Haynes & wife $1,125.00 Single -Family Residence Consider the price and conditions of sale of Parcel 54310-5-7 in Fifth Year .Co�mmunity Development Program area. Redeveloper Price Esteban A. Martinez & wife $125.00 Janie 0. Martinez Purpose Adding to adjoining exis property Consider the price and conditions of sale of Parcel 54310-6-2 in the Fifth Year Community levelopment Program area. Redeveloper Price Purpose Julia F. Ramirez $125.00 Adding to adjoining property M; MEMO The motion was made by Councilman Aderton, seconded by Councilman Brown to approve the price and conditions of sale of Parcel 16-6, Coronado -Tex. R-33 Urban Renewal areas; Parcel 54310-5-7, 5th Year CD Program; Parcel 54310-6-2, 5th Year CD Program. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39-368-563 Consider authorizing advertising "Notice to Bidders" for paving improvements in (23) King's Gate Addition (Lots 1-268, Tract A). If a City's estimated cost for extra width of collector streets within a sub -division exceeds $5,000, it becomes necessary to advertise for paving bids. The area in question is Memphis Avenue and 87th Street at an estimated cost of $23,477.58, plus 6% engineering cost for the entire project in the total amount of $44,934.00 for a total cost (City's portion) in this Addition of $68,411.58. It is the recommendation of the Staff that Federal Revenue Sharing Funds from Entitlement Period XI, totaling $24,528, and funds from Entitlement Period VII, totaling $43,883.58, be utilized for this project. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to authorize advertising for paving bids for this particular area, and accept the Staff's recommendati( of utilizing Federal Revenue Sharing Funds --Entitlement Period XI in the sum of $24,528.00 and Entitlement Period VII in the sum of $43,883.58. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39-368-564 Resolution No. 495 (24) A resolution accepting paving improvements in Live Oak Addition, Lot 231, and a portion of Hartford Avenue and 70th Street. This construction completes the full -width paving on 70th Street from Indiana Avenue to Hartford as well as paving on Hartford Avenue north of 70th Street; there is no City cost involved. RESOLUTION NO. 495 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 133, the subdivider of Live Oak Addition, Lot 231 made arrangements with Kerr Constructiol Co. for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Live Oak Addition, Lot 231 including the following streets: West 1/2 of Harford Avenue from its intersection with the North Property line of Lot 231, Live Oak Addition to its intersection with the centerline of 70th Street, known and designated as New Subdivision Sub -Unit Number 63A of Unit Number 2026. North 1/2 of 70th Street from its intersection with the east lip line of Indiana Avenue to its intersection with the west lip line of Hartford Avenue known and designated as New Subdivision Sub -Unit Number 63B of Unit Number 2026. AND WHEREAS, the construction fo the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and siad improvements have been completed and have been inspected and found to have been constructed in accordance with City specificaitons and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution will take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22nd day of May, 1980. ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer Isl Bill McAlister BILL McALISTER, MAYOR APPROVED AS TO CONTENT: Isl Don Jenngings Don Jennings, City Engineer APPROVED AS TO FORM: al% 80-39-369-565 Resolution No. 496 (25) A resolution accepting paving improvements on a portion of the 1979 Assessment Paving Program (GWO 10,976). This construction was on East 46th Street from Locust Avenue to approximat! 250' to the railroad, spur tract. RESOLUTION NO. 496 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with Kerr Construction Company (G.W.O. 10,976) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: E. 46th Street from its intersection with a line 13.50 ft. East of the East Property Line of Locust Ave. to its intersection with the West rail of the tracks East of Locust Ave. known and designated as Sub -Unit Number 9 of Unit Number 2236. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets, and/or avenues have been inspected and found to have been constructed in accordance with terms of said contract G.W.O. 10,976. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys, streets, and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22nd day of May, 1980. /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer Isl Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney NOTE: Consolidated Final Estimate is attached to Original Resolution. 80-39-369-566 Resolution No. 497 (26) A resolution accepting paving improvements in Sportsman Addition (Lots 11-14, Tract G). This project included concreting two alleys --one south of Loop 289 and east of University and the other west of Avenue X, from 73rd Street to 74th Street; no refund is due the contractor. RESOLUTION NO. 497 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Sportsman Addition, Lots 11-14 and Tract "G" made arrangements with W.D. Turner Construction Company for the construction of paving improvements on certain alleys dedicated in said subdivision under the provisions of said Ordinance prior to ply f 370 MMEMPO SIR the recording of the subdivision plat of Sportsman Addition, Lots 11-14 and Tract "G" including the following: Alley returns on the South side of 73rd Street and the North side of 74th Street West of Ave. "X" known and designated as New Subdivision Sub -Unit Number 12 of Unit Number 2026. AND WHEREAS, the construction of the above improvements on the abovementioned alley was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned alley be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payments of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after is passage. PASSED AND APPRVOED THIS 22nd day of May,.'11980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Don Jennings Do Jennings, City Engineer APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney NOTE: Consolidated Final Estimate is attached to Original Resolution No. 497. 80-39-370-567 Resolution No. 498 (27) A resolution accepting paving improvements in Crow's Nest Addition (Lots 1-37). This project is located at 4th and Frankford Averifie; there is no refund due the contractor. RESOLUTION NO. 498 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331 the subdivider of Crow's Nest Addition, Lots 1-37, made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Crow's Nest Addition, Lots 1-37 including the following streets: 6th Street from its intersection with the East Lip Line of Fulton Ave. to its intersection with the West Raw Edge of Frankford Ave. known and designated as New Subdivision Sub -Unit Number 13 of Unit Number 2026. 7th Street from its intersection with the East Lip Line of Fulton Ave. to its intersection with the East Raw Edge of Frankford Ave. known and designated as New Subdivision Sub -Unit Number 16 of Unit Number 2021. N. 1/2 8th Street from its intersection with the East Lip Line of Fulton Ave. to its intersection with the West Raw Edge of Frankford Ave. known and designated as New Subdivision Sub -Unit Number 17 of Unit Number 2021. E.1/2 Fulton Ave. from its intersection with the South Raw Edge of 4th Street to its intersection with the centerline of 8th Street known and designated as New Subdivision Sub -Unit 18 of Unit Number 2021. 371 AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. Le That the improvements on said portions of the abovementioned streets by and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force form and after its passage. PASSED AND APPROVED THIS 22ND DAY OF MAY, 1980. ATTEST: Isl Bill McAlister — BILL McALISTER, MAYOR Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /s/ John C. Ross; Jr. John C. Ross, Jr., City Attorney NOTE: Consolidated Final Estimate is attached to original Resolution. 80-39-371-568 Resolution No. 499 (28) A resolution accepting pavi improvements on a portion of the 1977 Community Development Pavin Program (CDWO 7720). All paving is included in CDWO 7720, except for one block on Guava Avenue; the contractor has requested that a 10% retainage on this project be released at this time for the reason that the contractor (Kerr Construction) is sub -contracting this one block on Guava to W. D. Turner Construction Company who has the contract for CDWO 7819 involving a greater portion of Guava; CDWO 7819 has been held up due to ROW and utility relocation problems; the retainage is in the amount of $85,236.71. RESOLUTION NO. 499 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, the City of Lubbock accepted Bid No. 4549 on February 23, 1978, for C.D.W.O. 7720 and entered into contract with Kerr Construction Company for the making and construction of street and alley improvements on portions of streets and alleys in said City including among others the following: Hazelwood Avenue and alley paving from its intersection with the North Property Line of E. 2nd Place to its intersection with the North Raw Edge of Idalou Rd. known and designated as Sub -Unit Number 13 of Unit Number 2230. Vandelia Drive from its intersection with the existing stub at 61st Street to its intersection with the existing stub at 64th Street known and designated as Sub -Unit Number 6 of Number 2231. Erskine Street from its intersection with a line 5.00 ft. East of the East Property Line of Canton Avenue to its intersection with the West Lip Line of Clovis Road known and designated as Sub -Unit Number 6 of Unit Number 2232. 372 Marshall Street from its intersection with the existing stub of Canyon Lakes Road to its intersection with a line 8.00 ft. West of the West Property Line of N. University Avenue known and designated as Sub -Unit Number 7 of Unit Number 2232. Cypress Road from its intersection, with a line 2.50 ft. South of the South Property Line of the alley North of Xavier Street to its inter- section with the North Property Line of N. Loop 289 known and designated as Sub -Unit Number 8 of Unit Number 2232. LaSalle Avenue from its intersection with a line 18.00 ft. South of the South Property Line of 20th Street to its intersection with the South Property Line of 22nd Street known and designated as Sub -Unit Number 9 of Unit Number 2232. Ave. "V" from its intersection with the South Lip Line of 35th Street to its intersection with the North LIp Line of 37th Street known and designated as Sub -Unit Number 10 of Unit Number 2232. 46th Street from its intersection with a line 14.00 ft. East of the East Property Line of Ave. "H" to its intersection with a line 10.00 ft. West of the West Property Line of Ave. "D" known and designated as Sub - Unit Number 11 of Unit Number 2232. Ute Avenue from its intersection with the North Property Line of E. 6th Street to its intersection with the South Property Line of E. 10th Street known and designated as Sub -Unit 12 of Unit Number 2232. E. 6th Street from its intersection with a line 5.00 ft. East of the East Property Line of Ute Ave. to its intersection with the West Lip Line of Walnut Ave. known and designated as Sub -Unit Number 13 of Unit Number 2232. E. 8th Street from its intersection with the center line of Teak Avenue to its intersection with a line 8.00 ft. West of the West Property Line of Vanda Aven. known and designated as Sub -Unit 14 of Unit Number 2232. E. 10th Street from its intersection with a line 8.00 ft. West of the West Property Line of Ute Ave. to its intersection with a line 8.00 ft. West of the West Property Line of Walnut Ave. known and designated as Sub -Unit Number 15 of Unit Number 2232. Redbud Ave. and Spruce Ave. from their intersection with the South Lip Line of E. 13th Street to their intersection with the North Lip Line of Idalou Road known and designated as Sub -Unit Number 16 of Unit Number 2232. E. 14th Street from its intersection with a line 12.00 ft. East of the East Property Line of Quirt Ave. to its intersection with the West Raw Edge of Vanda Ave. known and designated as Sub -Unit 17 of Unit Number 2232. E. 16th Street from its intersection with a line 12.00 ft. East of the East Property Line of Quirt Ave. to its intersection with the North Lip Line of Idalou Road known and designated as Sub -Unit Number 18 of Unit Number 2232. Canyon Drive from its intersection with the South Raw Edge of E. 19th Street to its intersection with the East Lip Line of Quirt Ave. known and designated as sub -Unit Number 20 of Unit Number 2232. Mae Simmons Park Parking Lot known and designated as Sub -Unit Number 21 of Unit Number 2232. Municipal Drive from its intersection with the East Raw Edge of N. Ash Ave. to its intersection with the West Raw Edge of N. Quirt Ave. known and designated as Sub -Unit Number 36 of Unit Number 2233. Quirt Avenue from its intersection with a line 9.00 ft. North of the South Property Line of E. 19th St. to its intersection with the North Lip Line of E. 24th Street known and designated as Sub -Unit Number 25 of Unit Number 2234. 6th Street from its intersection with the East Lip Line of Ave. "R" to its intersection with the West Lip LIne of Ave. "Q" known and designated as Sub -Unit Number 26 of Unit Number 2234. AND WHEREAS, the improvements upon the said protions of the abovementioned streets have been inspected and found to have been constructed according to the approved plans and specifications. 373 mm 2 ?, lojs� THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be, and the same are hereby accepted. II. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 22nd _ day of May, 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: Isl Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney NOTE: Consolidated Final Estimate for a portion of CDWO 7720 is attached to Original Resolution. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown tc pass Resolutions 495, 496, 497, 498 and 499, including the release of the retainage in the sum of $85,236.71, accepting the paving improvements as s in the respective Resolutions. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39-373-569 Consider the request of Basil Webb to pave the west portion of Elm (29) Avenue from East 74th Street to East 76th Street, omitting the west curb and gutter. The Council was apprised at the Work Session held at 8:30 a.m. as to the request referenced above. City Engineer Don Jennings appeared before the Council in Regular Session indicating that HUD's requirement was that Elm Avenue be paved full width in order for them to be able to commit on loans to develop Lots 1-10, Robbie Marion Heights. Mr. Basil Webb is the developer of this tract. These lots front on Elm Avenue and the developer has indicated he would bear the expense of paving, but requests the Council's approval of omitting the curb and gutter improvement for the reason that the area abuts property owned by the Lubbock Independent School District who is unwilling to share the expense or reimburse Mr. Webb for the cost of the curb and gutter, and likewise stated that it will be sometime in the future, if ever, that the tract will be utilized for building a school and, therefore, they are not receptive to his request for sharing or reimbursement of the referenced expense. Mr. Jennings indicated that they could not recommend to the Council that this request, omitting the curb and gutter improvement, be allowed for the reason that such approval would create maintenance problems for the City during this period of time, and that subsequent to the time when curb and gutter would be constructed, there is insufficient space to allow for equipment and proper construction. Mr. Webb appeared before the Council and reiterated his request indicating that to assume the total cost for curb and gutter improvements would be in an estimated sum of $4,000, and he further stated that he was in a stalemate situation in connection in working with the School. In response to Council query as to the waiving of this requirement establishing a precedent, Mr. Jennings indicated firmly that it would ated 374 mmiffinsyl establish the precedent for future requests; that never before was such a request made, and again stated the increased cost and problems of maintenance and subsequent improvements. Members of the Council were sympathetic with Mr. Webb's situation, and the motion was made by Councilman Aderton, seconded by Councilman Brown that the request be granted, waiving the requirement of curb and gutter improvements at this location, and incorporating a financing plan whereby Mr. Webb would receive some financial relief for these costs. Discussion then ensued as to whether or not the requirements of curb and gutter installation were specified in an ordinance, or whether or not it had merely been the policy of the Council, to which there was no definite answer. Mr. Aderton then amended his motion to reflect that the waiver be granted subject to researching whether or not the Council had the authority to waive the requirement, or whether or not an amendment to the ordinance would be required; that they consider this matter at a later portion of the day. At 2:00 p.m. following the completion of other business at hand, Mr. Ross indicated that pursuant to Sec. 28-91 of the Code of Ordinances (Ordinance No. 6245, passed in 1971 and amended in 1975), the requirement for a curb and gutter installation for full -width paving was stated and the Council.could not waive this section of the ordinance in compliance with Mr. Webb's request, but would need to amend the ordinance if this was their desire. Councilman Aderton then stated that he would withdraw -his motion granting the waiver, but moved that a study be,made whereby a financing plan could be established under such a condition as exists with Mr. Webb and, if appropriate, to amend the ordinance to accomplish this fact. This motion was seconded by Mayor Pro Tem Henry. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The motion was then made by Councilman Brown, seconded by Councilman Aderton to approve Mr. Webb's request under the terms of the ordinance in force and effect requiring curb and gutter (following the above referenced requested study, Mr. Webb would again be allowed to come back before the Council for a reconsideration of this matter). Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39-374-570 Resolution No. 500 (31) A resolution making_a formal offer for the acquisition of a parcel of land, an — - �B easement and 25,916 cu. yards of fill dirt out of Section:l:d Block E2, Lubbock County, and authorizing condemnation proceedings, if necessary. In order to secure the necessary right-of-way for a right -lane turn and spill -over easement on 82nd Street and Quaker Avenue involving the pavement from Memphis to Slide Road on 82nd, enumerable efforts have been made to acquire this land at the northeast corner of Quaker and 82nd and a strip of land on the north side of 82nd Street to act as a spill -over easement; the owner of the property has been most uncooperative. The owner of the property is WEZY, Inc. of Dallas with Mr. Ted Taylor, Lubbock, as.its president. The total cost for obtaining the strip of land to provide the 10:1 slope for the spill -over easement, the right-of-way for the northeast corner at 82nd and Quaker and the fill dirt necessary for the spill -over easement would total about $26,350. The contractor (Kerr Construction Co.) has been most cooperative in granting one extension of the paving and is unable to grant another extension because the property owner is adamant.about releasing the necessary area needed for the right-of-way, and it is the Staff's recommendation that more positive action be taken to avoid jeopardizing the paving project any further. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 500 authorizing the formal offer of $26,350 for the referenced land, and in the alternative, initiate condemnation proceedings. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JPB/pg RESOLUTION NO. 500 WHEREAS, the City of Lubbock, Texas, a home rule municipality located in Lubbock County, Texas, has determined that the public needs, necessity, safety, health, and welfare demands and create a public necessity for sloping, constructing, reconstructing, expanding, improving, realligning, widening, operating, repairing, and maintaining of 82nd Street and Quaker Avenue in the City of Lubbock, Lubbock County, Texas creating a need for additional land and also for 25,916 cubic yards of barrow (dirt fill) material to be taken from lands hereinafter described to accomplish such public municipal purposes as aforesaid, and the City Council of said City finds it would be to the public interest to acquire such land and barrow (dirt fill) material for said purposes; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 375 MAY 22 1980 SECTION 1. That the fee simple title to the following described tracts of land be acquired for the public municipal purposes as set forth in the preamble hereof, to -wit: TRACT ONE BEGINNING at a point which is North 89' 59' 40" East 60 feet and Nort 00' 02' 46" East 40 feet from the Southwest corner of Section 11, Blo E-2, Lubbock County, Texas; THENCE North 89' 59' 40" East 146.00 feet to a point; THENCE North 000 02' 46" East 25.00 feet to a point; THENCE South 890 59' 40" West 100.97 feet to a point, said point bei 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 de 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 a c length of 47.15 feet to a point; THENCE South 89' 59' 40" West 15.00 feet to a point, said point beinglin the East line of previous street dedication recorded in Volume 1184, age 243 of the Deed Records at the Lubbock County Court House, Lubbock, Texas; THENCE South 00' 02' 46" West along East line of said previous dedication a distance of 55.03 feet to the POINT OF BEGINNING. This tract of land contains 4294 square feet and 0.099 acres. TRACT TWO BEGINNING at a point which bears North 89' 59' 40" East 167.00 feet a d North 0' 2' 46" East 65.00 feet from the Southwest corner of Section �1' Block E-2, Lubbock County, Texas; THENCE North 89* 59' 40" East 146-00 feet to a point, said point be on the North property line of 82nd Street and in the South Line of KFYO Addition to the City of Lubbock, Texas; THENCE South 870 08' 35" East along the North property line of 82nd Street 200.25 feet to a point; THENCE North 890 591 40" East along the North property line of 82nd Street 1,037.00 feet to a point, said point being the Southeast cor Lot 2, KFYO Addition to the City of Lubbock, Texas; THENCE North 00 21 46" East along the East line of said Lot 2, KFYO Addition a distance of 75.00 feet to a point; THENCE South 89' 59' 40" West parallel to the North property line of Street 533.00 feet to a point; THENCE South 86' 441 41" West 705.17 feet to a point; THENCE South 80' 17' 44" West 148.14 feet to the POINT OF BEGINNING. This tract of land contains 79,510.15 square feet or 1.825 Acres. SECTION 2. That title to 25,916 cubic yards of barrow (dirt fill) be acquired to include ingress, egress, and regress to remove said barrow (dirt fill) material to fill in the North side of 82nd Street to a 1 to 10 slope upon TRACT TWO hereinabove described as a part of 82nd Street improvements, said barrow (dirt fill) material to be taken from a tract of land (designated TRACT THREE) hereinafter described which has a surface area of 95,400 square feet (or 2.19 acres), and the proposed barrow (dirt fill) material from said tract of land at 7 to 1 side slopes will furnish 25,916 cubic yards of excavation of such barrow (dirt fill) material, said tract of land being described as follows: TPAOT TPPRR BEGINNING at a point which is North 0' 2' 46" East 30.00 feet from the he Northeast corner at the Easternmost boundary line of Lot 2, KFYO Addition to the City of Lubbock, Texas; THENCE North 00 2' 46" East 300.00 feet to a point; THENCE South 89' 59' 40" West 318.00 feet to a point; THENCE South 00 2' 46" West 300.00 feet to a point; THENCE North 890 59' 40" East 318.00 feet to the POINT OF BEGINNING. of ,2nd :erial O-Z-1 ------ -A __o cc by Qnii Citv to hp in - on- and UDon 376 SECTION 3. That the owners of said land, including KFYO, INC., Seaton Publishing Company, Inc., and WEZY, INC., be offered through the Right -of -Way Department of the City'o,f Lubbock the amount of $11,150 for Tract one and $11,300 for Tract two as the value and total damages, respectively, for the fee simple title and acquisition of said TRACTS ONE AND TRACT TWO, and the further sum of $3,900 for the value and total damages for the title to and acquisition of the 25,916 cubic yards of barrow (dirt fill) material hereinabove referred to and ingress, egress, and regress in and to and upon the surface of said Tract three for the taking and removal of said barrow (dirt fill) material, all of said acquisition amounting to a total offer of $26,355 to said owners and being for the public municipal uses and purposes as hereinabove stated and unless said offer is 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 TRACT ONE AND TRACT TWO hereinabove described and title to 25,916 cubic yards of barrow (dirt fill) material and ingress, egress, and regress to said City in, on, and upon Tract three hereinabove set forth. Passed by the City Council this22ndday of May -, 1980 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: Isl James P. Brewster James P. Brewster, Asst. City Attorney 80-39-376-511 Resolution No. 501 (32) A resolution making a formal offer for the acquisition of land out of Section 7 and 8, Block B., Lubbock County, andauthorizingcondemnation proceedings, if necessary.. This offer is for 2.562 acres of abandoned right-of-way owned by Fort Worth and Denver Railroad along Avenue L from 30th to 37th Street. One portion of the land involves .51 acres available at 36¢ per square foot (located on the west side of Avenue L from 30th to 34th Street), and another portion consists of 2.044 acres at 84 per square foot (extending from 34th to 37th Street). The total cost for the entire tract is estimated at $15,247.95. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 501 authorizing formal offer of $15,247.95, and in the alternative, initiate condemnation proceedings. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF/pg RESOLUTION NO. 501 WHEREAS, the City Council of the City of Lubbock finds it necessary and in the public interest to purchase certain hereinafter described property for municipal public purposes, to -wit: public street purposes (Avenue K and L) and, WHEREAS, the City Council hereby determines that the owners of the fee simple title to said property should be offered the amount hereinafter set forth for the purchase thereof by the City, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the acquisition of the fee simple title to the following described land is hereby authorized as to Tracts A, B and C described as follows: TRACT A A tract of land located in Section 7, Block B, TTRR Survey, Lubbock County, Texas, May Addition.to'the City of Lubbock, Lubbock County, Texas, and being more particularly described as follows: COMMENCING at a point approximately 117.71 feet east of the east line of Avenue "L"; said point being in the centerline of the alley 377 north of 29th Street and 50..00 feet northwesterly from the center- line of abandoned Fort Worth and Denver Railway Company's Tract No. 7; THENCE along a curve in a northeasterly direction having a radius of 1482.69 feet and being parallel to and 50.00 feet westerly from the centerline of abandoned Fort Worth and Denver Railway Company's Track No. 7 an arc length distance of 320.94 feet to a point; said point being in the southeast line of alley and due south of the east line of Avenue "K11; THENCE South approximately 146.75 feet to a point on a curve; said curve being 50.00' southeasterly from the centerline of abandoned Fort Worth and Denver Railway Company's Track No. 7; THENCE along said curve, having a radius of 1382.69 feet, an arc length distance of 130.43 feet in a southwesterly direction to a point; said point being 237.25 feet east of the east line of Avenue 'T' and in the centerline of alley; THENCE west and along the centerline of alley, a distance of 119.54 feet to THE POINT OF BEGINNING. TRACT B BEGINNING at a point which is 34.5 feet east of the east line of Lot 1, Block 1, Summer Hill Addition to the City of Lubbock, Texas; THENCE south parallel to and 34.5 feet distant from the east line of Summer Hill Addition, a distance of 1250.2 feet more or less to a point, said point being 45 feet north of the south line of Section 7, Block B and in the north line of 34th Street; THENCE west a distance of 34.5 feet to a point; said point being the southeast corner of Lot 12, Block 6, Summer Hill Addition to the City of Lubbock, Texas; THENCE north along the east line of Block 6 and Block 1, Summer Hill Addition a distance of 1250.2 feet to a point; said point being the northeast corner of Lot 1, Block 1, Summer Hill Addition; THENCE east a distance of 34.5 feet to the POINT OF BEGINNING. TRACT C A tract of land of varying widths out of Section 8, Block H, Tyler Tap RR Company Survey, Lubbock County, Texas, more particularly described as follows: BEGINNING at a point in the Railway Company's tail of wye track east right-of-way line, 1305 feet east of and 45 feet south of the northwest corner of said Section 8, Block B, Tyler Tap RR Company Survey, said point also being in the south line of 34th Street as now located; THENCE south 69.89 feet to a point of curve; THENCE southerly along a curve to the left having a radius of 828.39 feet and a central angle of 8*17'07", 119.79 feet to a point of tangency of said curve; THENCE southerly along said tangent, 56.96 feet to a point of curve; THENCE southerly along a curve to the right having a radius of 828.39 feet and a central angle of 8'17'07", 119.79 feet to a point of tangency of said curve; THENCE south along said tangent, 1330 feet east of the west line of said Section 8, and 45 feet west of said east right- of-way line, approximately 350 feet to a point of curve; THENCE southerly along a curve to the right having a radius of 383.42 feet and a central angle of 24'00', 160.61 feet to a point of tangency of said curve; THENCE southwesterly along said tangent, 33.33 feet to a point of curve; THENCE southwesterly along a curve to the right having a radius of 35 feet, a distance of approximately 19 feet to the Railway Company's west right-of-way line; THENCE north along the west right-of-way line of Fort Worth and Denver Railway Company a distance of 916.77 feet to a point; said point being in the south line of 34th Street; IrTT"LINWIV ---. - A4_+­­ -f ql'% f,PPt fin thp PnTNT OF BEGINNING. 378 �M SECTION 2. THAT the owners of said fee simple title including Fort Worth and Denver Railway.Company, a subsidiary of Burlington Northern Railway Company, be offered the sum of $16,247.95 for the purchase of said land. Passed by the City Council this 22nd day of Ma 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: /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 80-39-378-572 Resolution No.. 502 (33) A resolution making a formal offer for the acquisition of a parcel of land, Lot 9, Block 2, May Addition, and authorizing condemnation proceedings, if necessary. This item relates to the widening of Avenue L and the property owner is Marla Sue Hanna, said property located at 2617 Avenue K. There is a house and a garage on the premises that will need to be moved. The recommended offer as appraised is $19,000, which is agreeable to Ms. Hanna. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 502 authorizing a formal offer of $19,000 to Marla Sue Hanna, and in the alternative, initiate condemnation proceedings. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF/pg RESOLUTION NO. 502 WHEREAS, the City Council of the City of Lubbock finds it necessary and in the public interest to purchase certain hereinafter described property for municipal public purposes, to -wit: public street purposes (Avenue K); and WHEREAS, the City Council hereby determines that the owners of the fee simple title to said property should be offered the amount hereinafter set forth for the purchase thereof by the City, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That the acquisition of the fee simple title to the following described land is hereby authorized: Lot 9, Block 2 of the May Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. That the owners of said fee simple title including Marla Sue Hanna, a femme sole, be offered the sum of $19,000.00 for the purchase of said land. Passed by the City Council this22nd day of May 1980. ATTEST: _/s/ Bill McAlister BILL McALISTER, MAYOR /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer Isl Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 379 WARRANTY DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT Marla Sue Hanna, a femme sole of Brown County, Texas, hereunto duly authorized, herein called "Grantor", for and in considerat of the sum of NINTEEN THOUSAND AND N01100 DOLLARS ($19,000.00), 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 fo Lot 9, Block 2 of the May Addition to the City of Lubbock, Lubbock Cc 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 seccessors and assigns, forever and the said Grantor does hereby bind herself, her 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 /s/ Marla Sue Hanna THE STATE OF TEXAS COUNTY OF BROWN BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared MARLA SUE HANNA, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public, Brown County, Texas My Commission Expires. 80-39-379-573 Resolution No. 503 (34) A resolution making a formal offer for the acquisition of land out of Section 2, Block J-S, Lubbock County, and authorizing condemnation proceedings, if necessary. This tract consists of 1.2795 acres located in Shadow Hills Addition near the intersection of North Frankford Avenue and Erskine Street. Mr. Howard Kilgore of Northwest Developers is the property owner. The tract is recommended for the building of a fire station, and Mr. Kilgore has agreed to do the platting when the construction is ready to commence. The formal offer is in the sum of $16,000 to be funded from Fire Station Bond Funds. ty, Ij WE JWF/pg RESOLUTION NO. 503 WHEREAS, the City Council of the City of Lubbock finds it necessary and in the public interest to purchase certain hereinafter described property for municipal public purposes, to -wit: a fire station; and, WHEREAS, the City Council hereby determines that the owners of the fee simple title to said property should be offered the amount hereinafter set forth for the purchase thereof by the City, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That the acquisition of the fee simple title to the following described land is hereby authorized: METES AND BOUNDS DESCRIPTION for a 1.2795 acre tract of land located in Section 2, Block J-S, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North line of said Section 2, Block J-S which bears S. 89' 56' 20" W., 297.68 feet from the Northeast corner of Section 2, Block J-S, Lubbock County, Texas; THENCE S. 890 56' 20" W. along the North line of said Section 2, Block J- S, a distance of 259.40 feet; THENCE South a distance of 214.72 feet; THENCE East a distance of 259.40 feet; THENCE North a distance of 215.00 feet to the POINT OF BEGINNING. Said tract being the proposed Tract "A", Shadowhills, an Addition to the City of Lubbock, Lubbock County, Texas, and one half of the proposed North Fulton Avenue and one half of the proposed Erskine Street adjacent thereto, as shown on plat of Lots 1-178 and Tracts A & B, Shadowhills, dated January 22, 1980. SECTION 2. That the owners of said fee simple title including Northwest Developers, Inc., a corporation, be offered the sum of $16,000.00 for the purchase of said land. Passed by the City Council this. ATTEST: 22nd day of Ma Isl Bill McAlister BILL McALISTER, MAYOR Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney WARRANTY DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT Northwest Developers, Inc., a corporation acting through its undersigned President, hereunto duly authorized, herein called "Grantor", for and in consideration of the sum of SIXTEEN THOUSAND AND N01100 DOLLARS ($16,000.00), 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: METES AND BOUNDS DESCRIPTION for a 1.2795 acre tract of land located in Section 2, Block J-S, Lubbock County, Texas, being futher described as follows: BEGINNING at a point in the North line of said Section 2, Block J-S 381 SAY 2'lase Section 2, Block J-S, Lubbock County, Texas; THENCE S. 890 56' 20" W., along the North line of said Section 2, Blk J-S, a distance of 259.40 feet; THENCE South a distance of 214.72 feet; THENCE East a distance of 259.40 feet; THENCE North a distance of 215.00 feet to the POINT OF BEGINNING. Said tract being the proposed Tract "A", Shadowhills, an Addition to �he City of Lubbock, Lubbock County, Texas, and on half of the proposed North Fulton AVenue and on half of the proposed Erskine Street adjaCEAt thereto, as shown on plat of Lots 1-178 and Tracts A & B, ShadowhillE, dated January 22, 1980. 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 seccessors and assigns, forever and the said Grantor does hereby bind itself, its successors 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 1980. ATTEST: NORTHWEST DEVELOPERS, INC. WILLIAM H. KILLGORE, VICE PRESIDENT & SECRETARY -TREASURER THE STATE OF TEXAS COUNTY OF LUBBOCK H.G. KILLGORE, PRESIDENT BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared H.G. KILLGORE, PRESIDENT of the said NORTHWEST DEVELOPERS, 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 in the capacity therein stated as the act and deed of said Corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of W1011 Notary Public, Lubbock County, Texas My Commission Expires 80-39-381-574 Ordinance No. 8053 (35) An appropriation ordinance to purchase 1.2795 acres for a fire station out of Section 2, Block J-S, referenced above. ORDINANCE NO. 8053 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: Fire Department Bond Fund FJ go The sum $16,000.00 For the following purpose: To acquire 1.2795 acres out of Section 2, Block J-S for a fire station. AND IT IS SO ORDERED Passed by the Council on first reading this 22nd day of May 1980 Passed by the Council on second reading this 23rd -day of May , 1980 sl Bill McAlister ATTEST: Isl Evelyn Gaffga CITY SECRETARY -TREASURER VERIFIED BY:/s/ J. Robert Massengale FINANCE OFFICER APPROVED BY:/s/Don Jennings Eng. HEAD OF DEPT. DEPT. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 503 authorizing the offer of $16,000 to Northwest Developers, Inc., and in the alternative, initiate condemnation proceedings; and to pass Appropriation Ordinance No. 8053 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39-382-575 Ordinance No. 8054 (36) An ordinance for abandoning and closing an underground street light easement on the west side of Lot 7, Block 25, Overton Addition. This street light easement located at 1913 Broadway is no longer needed. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 8054 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. 8054 AN ORDINANCE ABANDONING AND CLOSING A UNDERGROUND STREET LIGHT CABLE POWER LINE EASEMENT LOCATED IN THE WEST TWO FEET OF LOT 7, BLOCK 75, OVERTON ADDITION, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPSOF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 80-39-382-576 Resolution No. 504 (37) A Street Use License for a portion of the west parkway of Avenue T at Broadway and Avenue T. This license would authorize the installation of a canopy to the curb on the west side of Avenue T, adjacent to "Margaret's" at 2002 Broadway. The canopy will be 5' wide and will have a carpeted sidewalk at the east entrance into the establishment. The fee is a minimum of $10 annually and will run for 20 years. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 504 granting a Street Use License to Talkington's, Inc. d/b/a "Margaret's' Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 504 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 Street Use License with Talkington's, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a :191 part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of May , 1980. /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, City Engineer /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 22nd day of May , 1980, between the OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and TALKINGTON'S, INC. Lubbock, County, Texas, hereinafter called "LICENSEE". WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct and maintain a canopy from the curb to the east entrance of a business known as "Margaret's", in and upon land described as follows: BEGINNING at a point 21'6" south of the N.E. corner Lot 24, Block 41 Overton Addition to the City of Lubbock, Lubbock County, Texas. THENCE West 10' to a point. THENCE South 5' to a point. THENCE East 10' to a point. THENCE North 5' to POINT OF BEGINNING. Said canopy shall leave ample room for passage of pedestrians (safely) thereunder. 1. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 2002 Broadway, Lubbock, Texas or the last known address of LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of TWO HUNDRED AND NO/100 ($200.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE. 1',,ITY 384 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 4. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 5. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenanc( permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expense or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 7. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK wihtout the consent of the CITY OF LUBBOCK in each instance except as speciified in Paragraph Five (5). 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. ATTEST: CITY OF LUBBOCK Isl Bill McAlister BILL McALISTER, MAYOR Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer AGREED TO AND ACCEPTED this day of 1980. LICENSEE: TALKINGTON'S, INC. /s/ APPROVED AS TO FORM: J. T. Talkington, President /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney APPROVED AS.TO CONTENT: Isl Don Jennings Don Jennings, City Engineer 385 80-39-385-577 Resolution No. 505 (38) A resolution authorizing the Mayor to execute an agreement with Benny ,Douglass for the removal of dirt from City Sanitary Landfill. The City of Lubbock needs to dispose of some material from the Sanitary Landfill and Mr. Douglass owns five acres across the road from the entrance to the landfill. Mr. Douglass has consented to allowing this material to be placed on his property without charge to the City nor without payment by Mr. Douglass. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 505. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF:pg RESOLUTION NO. 505 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 Benny Douglass related to removal of dirt from City Sanitary Landfill 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 22nd day of May Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Jim Conely Jim Conely, Engineering Dept. APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim., Assistant City Attorney AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK This agreement entered into as of May 22, 1980, by and between the of Lubbock, a home rule municipality located in Lubbock County, Texas, after called "City", and Benny Douglass, Route 2, Box 259, Lubbock, Texas, herein called "Douglass", in consideration of the premises and in consideration of Douglass obtaining and receiving dirt, and in consideration of the City disposing of said dirt in order to provide more room for garbage at its sanitary landfill; NOW THEREFORE: Said City and Douglass do hereby contract and agree as follows: up Douglass is hereby allowed by the City to receive dirt (as his property) such dirt being removed by City in such amounts and at such locations as designated by City from land owned by the City and operated by City as a sanitary landfill for disposition of garbage collected'in said City described as the East 1/2 of Section 33, Block D-4, Lubbock County, Texas, hereinafter referred to as "Tract A", .ty .-ein- "m which said, dirt is to be placed by City on land owned by.DougTass described as a five acre tract of land in the Southwest Corner of Section 31, Block D-4, Lubbock co,unty,,Texas, hereinafter referred to as "Tract B", such dirt -to be placed at such locations and such heights on said Tract B in each instance as approved by the local representative official.of the Federal Aviation Administration of the United States Government, and all such placing of dirt shall comply with all rules and regulations of said federal agency, and further provided such placing of dirt shall 'comply with all provisions of the Lake Ordinances of the City of Lubbock as may be applicable to said Tract B, including Chapter 16 of the Lubbock City Code of Ordinances and Section 29-4(G) of said Code as currently amended and supplemented. Douglass hereby grants to City, its agents, servants, and employees, ingress, egress, and regress on said Tract B to carry out the purposes of this agreement. W .This contract is cancellable at the will of either party hereto upon 30 days written notice tcv.the other by certified U.S. mail addressed to the last known address of the party to be so notified. Douglass agrees to save the City harmless of and from any and all claims, lawsuits, and judgments brought or taken against the -City which arise out of or are in any manner connected with the placing of said dirt on Tract B. IV. This ,contract is to further expedite the landfill operation of the City for sanitary purposes for disposition of garbage, and is in the exercise of a governmental sanitary -health function. Executed as of the date May 22, 1980, at Lubbock, Texas. CITY OF LUBBOCK BY: BILL McALISTER, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer BENNY DOUGLASS 4r"1011031 0M40) ki V 9 1 W Jim D. Conely, Engineering Dept. APPROVED AS TO FORM: J. Worth Fullingim, Asst. City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, a notary public in and for said County, Texas, personally appeared Bill McAlister, Mayor and authorized agent for the City of Lubbock, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge: to me that he executed the same for the purposes and consideration therein expressed and in the capacity hereinabove stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of Ma Isl Donna Tanner Notary Public, Lubbock County, Texas 387 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, a notary public in and for said County, Texas, personall appeared Benny Douglass, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 22nd day of May 1980. Isl Ernest J. Bradbury Notary Public, Lubbock County, Texas 80-39-387-578 Ordinance No. 8055 (39) An ordinance amending Chapter 16 of the Code of Ordinances (Lake Areas). Chapter 16 of the Code of Ordinances precludes bringing in foreign materials to be used for fill dirt in developing property. In many instances the quality of the fill material being excavated from the lake beds is very poor and is unsuitable to use. It is the recommendatici of the Staff that the poor quality fill material could be disposed of, and suitable outside material could be used as a substitute. The holding capacity of the lake would still be subject to inspection of the City Engineer and would not be altered in any way. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Ordinance No. 8055 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF:bs ORDINANCE NO. 8055 AN ORDINANCE AMENDING SECTION 16-3 OF THE LUBBOCK CITY CODE OF ORDINANCES SO AS TO CORRECT A REFERENCE THEREIN FROM 16-6 OF SAID CODE TO THE CORRECT REFERENCE OF 16-13 OF SAID CODE; AMENDING SECTION 16-4 OF THE LUBBOCK CITY CODE AS HEREINAFTER SET FORTH WITH RESPECT TO REGULATIONS ABOUT DIRT, DEBRIS, OR OTHER SOLID MATERIALS IN LAKE AREAS; PROVIDING FOR A PENALTY; AND PROVIDING FOR PUBLICATION. 80-39-387-579 Resolution No. 506 (40) Consider recommendation of Community Services Commission to approve resolution authorizing the Mayor to execute a contract with the South Plains Association of Governments to provide residential repairs for homes of elderly. The South Plains Association of Governments operates the local Office on Aging and is changing its fiscal year to run March 1, 1980 through September 30, 1980. The present contract bridges the gap created by this change. The City of Lubbock serves as sub -contractor by providing residential repair for the elderly. This contract is in the amount of $1,750 and it will allow repairs to be made on approximately 25 residences, the cost per residence not to exceed $250. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 506. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. KRIN DGV:bs RESOLUTION NO. 506 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 South Plains Association of Governments and City of Lubbock Community Services Department, numbered AA3-8048-21-650, 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 22nd day of May__. ,1980. Isl Bill McAlister — BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney CONTRACT BETWEEN SOUTH PLAINS ASSOCIATION OF GOVERNMENTS WK CITY OF LUBBOCK COMMUNITY SERVICES DEPARTMENT , AA3-8048-21-650 Part I General Provisions SECTION 1. PARTIES TO THE CONTRACT This contract is between South Plains Association of Governments, hereinafter referred to as SPAG and - City of Lubbock Community Services Department hereinafter referred to as,the CONTRACTOR. The Parties have agreed severally and collectively to the execution and mutual obligations, and to the performance and accomplishment of the tasks hereinafter described. SECTION 2. CONTRACT PERIOD This contract shall commence on March 1, 1980 and shall terminate on September 30, 1980 SECTION 3. CONTRACTOR'S PERFORMANCE Contractor shall develop and operate services in -City of Lubbock (service areas) in accordance with the terms of PART I, GENERAL PROVISIONS, and in accordance with the terms of PART II, SPECIAL PROVISIONS as delineated in the following attachments which are indicated by initials as a part of this contract. Attachment A - Budget Attachment B - Title IIIb, Information and Referral Services Attachment C - Title IIIb, Transportation Services Attachment D - Title IIIb, In -Home Services Attachment E - Title IIIb, Community Services - Legal Attachment Fl- Title IIIb, Other Community Services - Senior Center Operations /s/ /s/ Attachment F2- Title IIIb, Residential Repair Attachment F3- Title IIIb, Training for Participants Attachment G - Title IIIcl, Nutrition Congregate Meals Attachment H - Title IIIc2, Nutrition Home Delivered Meals Attachment I - Title IIIbl, Nutrition Social Services Contractor shall perform all activities in accordance with the to of the Older Americans Act of 1965, as amended October 18, 1978, its regulations, and including Grants Management regulations TITLE 45 C.F.R. PART 74 dated September 19, 1973, Federal Management Circulars, OMB circulars, and applicable State laws. SECTION 4. SPAG FUNDING OBLIGATIONS A. Measure of Liability In consideration of full and satisfactory performance of the activities described in this contract, SPAG shall be liable to Contractor for actual costs incurred by Contractor, within the period of this contract, for performances rendered hereunder subject to Contractor furnishing its share of the costs incurred. 1. It is expressly understood by the Contractor that the ability and obligation of SPAG to fund this contract is based solely on a commitment to SPAG from the Texas Governor's Committee on Aging to provide funds. The contractor shall have no claim, under terms of this contract, on any funds from SPAG other than these. SECTION 5. CONTRACTOR'S MATCH A. Program income may be used for Contractor's share of allowable costs according to the following req 1. Program income derived from participant contributio for nutrition services must be used in a manner to increase the number of meals served by the nutritio project. Adequate documentation of participant nutrition contributions and their use will be maintained by the Contractor. B. Amounts may be counted toward Match only if they are costs for resources of a type specified by the budget categories, delineated in Attachment A - Budget of this contract. C. In -Kind contributions, hereinafter referred to as contri- butions, means property or services provided to Contractor by non-federal third parties without charge to Contractor or SPAG which are: 1. identifiable from Contractor's records 2. not included as contributions for any other state or federally assisted programs, and 3. allowable as direct costs under the provisions of this contract. D. The basis for determining the value of all in -kind Match shall be adequately documented. SPAG shall have access to and the right to examine all such documentation. Val tion of contributions shall be determined in accordance with the following provisions: 1. if the contribution is of tangible personal property having a useful life of more than one year and acquisition cost greater than $300.00 and title passes to Contractor, prior approval of SPAG is required. 2. contribution of the use of space may be counted at fair rental value. E. Contractor's Match may not be met by federal funds from any source except as provided by federal statute. For the purposes of this contract general revenue sharing funds are not considered federal funds. F. Expenditure of Contractor's Match at ten percent (10%) of total allowable project costs will earn federal funds at ninety percent (90%) of such costs and if, during the contract period, the ratio of total actual expenditures from SPAG's share to the total actual expenditures from Contractor's share is greater than the ratio of SPAG's share to Contractor's total share as specified in Attachment A - Budget, then SPAG may suspend further payments until the disproportion is corrected. --s. ME G. Each request by the Contractor for reimbursement from SPAG for allowable project costs shall be accompanied by appropriate records evidencing non-federal matching contributions in an amount equal to at least 10% of reported project total costs during the period for which payment is requested. H. Notwithstanding any other provision of this contract, Contractor may expend an amount greater than that designated as Contractor's Match on purposes or activities allowable under this contract. SECTION 6. PROGRAM INCOME A. Program Income is that income earned by Contractor from allowable activities arising from performance of this contract which is either 1. borne as a direct cost by SPAG according to the terms of this contract, or 2. counted as an allowable cost toward meeting Con- tractor's Match requirement according to terms of this contract. B. Program Income must be spent on allowable costs. C. Program Income must be spent during the CURRENT PERIOD. D. Program Income must utilize and be reported by the Contractor in one of the following alternative methods: 1. program income may be used by the Contractor for current allowable costs incurred for performances specified and budgeted according to terms of this contract. The amount of program income utilized in this manner will not count toward satisfying the Contractor's Matching requirement but will be deducted from the amount obligated to the Contractor by SPAG according to the terms of this contract. The maximum percentage of SPAG participation will be applied to the net amount determined by deducting program income from total allowable costs. 2. program income may be utilized by the Contractor to Meet Contractor matching requirements under terms of this contract. Program income utilized in this manner must be expended for allowable, budgeted costs according to the terms of this contract. E. Contractor must maintain records of the receipt, accrual and disposition of program income in the same manner as required for other contract funds and must report monthly and at the close of the contract, in a format prescribed by SPAG. SECTION 7. OPERATING BUDGET This contract and the contract operated hereunder by the Contractor shall be governed by a Budget as defined on Attachment A - Budget. A. Adjustments to approved individual budget line item amounts may be made by the contractor, providing that the adjustment to an individual line item does not exceed ten percent (10%) of the line item amount, that the total of line item adjustments within a cate- gory does not exceed 10% of the category amount, and that there is no change in the category total amount. B. Adjustments amounting to more than that provided in A above may be made by the Contractor only with prior written authorization of SPAG. C. Allowability of costs incurred under Attachment A - Budget, whether billed to SPAG or counted toward Contractor's Match, shall be in accordance with pro- visions of 45 C.F.R. Part 74 and other applicable federal regulations. D. When 45 C.F.R. 74, or its appendices, provide that a cost is allowable only when authorized in writing, prior written approval from SPAG must be obtained. Approval of the Contractor's Budget, Attachment A - Budget, shall constitute written approval only if detailed budget justification supporting the purpose, need, and reasonableness of such cost is included as part of the budget. 391 MAY 2 2 1980 SECTION 8. LEGAL AUTHORITY A. Official motions, resolutions, or other action regard this contract will be made a part of the official records of the Contractor and SPAG shall be furnished a copy of those records as requested. B. A copy of official records shall be furnished SPAG w a change is made in the official/s authorized to com for the applicant organization. C. If there is a dispute as to the legal authority of either party or person signing this contract, either party shall have the right to temporarily suspend or permanently terminate the contract. Contractor is liable to SPAG for any money it has received from SPAG for providing services under this contract if SPAG has suspended or terminated the contract in this Section. D. In the event project monitoring/evaluation activities by SPAG or its agents disclose serious deficiencies in the operation of a project included in the terms of this contract, SPAG may elect to suspend this con- tract, pending a review of project operations. The Contractor shall be notified in writing of any such suspension and SPAG shall only be liable to Contractox for costs incurred prior to the date of suspension. SECTION 9. RECORDS AND REPORTS A. Contractor shall maintain fiscal records and supportir documents of all expenditures of funds under this contract in a manner which conforms with generally accepted accounting procedures. B. Current fiscal records and supporting documents shall be maintained at the Contractor's central office located at Citv Hall loth and Texas Lubbock, Texas 79457 C. Auditable accounts and records shall be retained for a period of three years following expiration of this contract. Records shall be retained beyond this perid if there are any unsolved questions regarding them on regarding any performances under this contract. Such records shall be maintained at the Contractor's centra office located at Citv Hall 10th and Texas Lubbock. Texas 79457 and shall be available to any auditing entity from SPA the Governor's Committee on Aging, or federal auditors as required by 45, C.F.R. Part 74. 2 D. Contractor shall submit to SPAG other information reg rdi project operations as may be necessary from time to t I e. Such information shall be submitted by the Contractor on a timely basis and on a form prescribed by SPAG. t� SECTION 10. NEPOTISM No officer, employee, or member of the Contractor's Board of Directc shall appoint, vote for, or confirm the appointment of any person relates with the second (2nd) degree of affinity or with the third (3rd) degree on consanguinity to that person so appointed or so voting when the salary fees, or compensation of such appointee is to be paid for, directly or indirectly, out of or from funds provided by SPAG or from Contractor's Match. SECTION 11. SECTARIAN ACTIVITY None of the services delivered under this contract shall involve and no portion of the funds received by Contractor hereunder shall be used for any sectarian or religious activity. s 392 SECTION 12. CONFLICT OF INTEREST A. Contractor shall assure that no member of its governing body, employee, or agent shall participate in the selection award, or administration of a subcontract under this contract where any of the following has a financial interest in the contract: 1. the employee, officer, or agent; 2. any member of the immediate family, as that term is defined in Section 10 of this contract; 3. his or her partner; 4. an organization in which any of the above is an officer, director or employee. B. SPAG shall assure that no officer, member, or employee who exercises any functions in the review on approval of the undertaking or carrying out of this contract shall: 1. participate in any decision relating to this contract which affects his personal financial interest or the interest of any corporation, partnership, or association in which he has a direct or indirect personal financial interest; 2. have any financial interest, direct or indirect, in this contract or the proceeds thereof. Nothing in this subsection shall prohibit public officials of units of local government from serving on SPAG's governing body, or on the Advisory Council, established pursuant to SPAG's bylaws, notwithstanding the fact that such unit of local government is receiving or may receive funds for the provision of services under the terms of this grant. C. Contractor shall maintain a code of conduct to govern the performance of its officers, employees, or agents engaged in the awarding and administration of such contracts under this contract. Such code shall contain appropriate disciplinary actions to be applied for violations of the code. Such code shall include provisions prohibiting the solicitation or acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. D. None of the performances rendered hereunder shall involve, and no portion of the funds received by Contractor hereunder shall be used for, and any political activity (including but not limited to any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. SECTION 13. PROPERTY A. Contractor shall not purchase, transfer, or dispose of any real property or non -expendable personal property except in accordance with regulations pro- mulgated by U.S. Department of Health, Education and Welfare for the Administration of Grants, 45 C.F.R. Part 74, Subpart 0. B. Contractor shall maintain a record of all equipment purchased under the terms of this contract. Any capital equipment having an acquisition cost of $300.00 or more and with a normal life expectancy of one year or more, purchased under the terms of this contract, shall revert to and be delivered by the Contractor to SPAG in the event that services described herein are terminated either during or subsequent to the contract period. C. With this contract, Contractor shall report all equipment as described in subsection 13-B, above, which has been purchased under the terms of prior contracts; and on the completion of this contract, report all equipment pur- chased under the terms of this contract. D. Contractor shall establish a property control system to ensure adequate safeguards to prevent loss, damage, or theft of property acquired under this contract. Any loss, damage, or theft of such property shall be reported to SPAG as soon as discovered by Contractor. 393 SECTION 14. BOARD OF DIRECTORS A. Contractor shall assure that its Policy Board meet at least monthly, but no less often than bi-monthly and that minutes of those meetings be filed and reflect al": official business conducted at each meeting. I B. Private, non-profit incorporated contractors shall assi that an annual meeting is held in compliance with the State of Texas incorporation charter. Minutes of the annual meeting shall be filed and shall contain a record of all official business transacted at that annual meeting. SECTION 15. PERSONNEL A. Contractors shall establish and maintain personnel policies, including affirmative action policies in compliance with Title VI Civil Rights Act of 1964. (See Section 16). Private, non-profit incorporated contractors operating a senior center or a nutrition program shall hire staf who have the authority and the responsibility to devel( and implement the activities described in this contraci . I Such person shall be qualified by education and experi( to fulfill the provisions of this contract. I C. Subject to the requirements of Subsection A of this section, Contractor shall give preference in hiring for full or part-time positions to persons aged sixty (60) or over. SECTION 16. EQUAL OPPORTUNITY A. Contractor assures that no person shall, on the ground) of race, age, religion, color, handicap, national orig: i sex, political affiliation, or belief, be excluded froi be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part under this agreement or otherwise under Contractor's control. Contractor shall comply with Title VI of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000(d)) and with the provisions of 45 C.F.R. Part 80. B. Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employ- ment without regard to their race, religion, color, I sex, age, or national origin. Such action shall inclu(" but not be limited to, the following: employment, upg], demotion or transfer, recruitment or recruitment adver- tising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to post, in conspicuous places available to employees and appli- cants for employment, notices setting forth the requir( ments of these nondiscrimination provisions. C. Contractor shall state in all solicitations or adverti ments for employees placed by or on behalf of Contract that all qualified applicants will receive considerati for employment without regard to race, religion, color sex, age, or national origin. ION Contractor shall send to each labor union or represent tive of workers with which it has a collective bargain agreement or other grant or understanding a notice, advising the labor union or workers' representative of Contractor's commitments to equal employment opportuni and affirmative action and shall post copies of the notice in conspicuous places to employees and applican for employment. I E. Contractor shall comply with all applicable equal opportunity laws, rules, regulations, and orders, and other employment laws, rules, regulations, and orders promulgated on federal, state, and local levels. ce 394 F. Contractor shall furnish all information and reports and shall permit access to its books, records, and accounts for purpose of investigation to ascertain compliance with equal opportunity and affirmative action. G. In the event of Contractor's non-compliance with the equal opportunity conditions of this grant, this grant may be cancelled, terminated, or suspended in whole or in part; Contractor may be declared ineligible for further contracts and such other sanctions may be imposed and remedies invoked as otherwise provided by law. H. Contractor shall include all clauses A through H of Section 16 in subcontract or purchase order exceeding TEN THOUSAND AND N01100 DOLLARS ($10,000.00) so that such provision will be binding upon each subcontractor or vendor. I. Contractor shall comply with the Equal Pay Act of 1963 (29 U.S.C. 201-219), as amended, and covenants that it shall not practice wage differentiation in employment based on sex. J. The Contractor shall comply with the Age Discrimination in Employment Act, as amended, 29 U.S.C. 621-634, and covenants that it shall not discriminate in employment against any person because of his/her age or specify, in solicitations or advertisements, a maximum age limit except or unless it is based upon a bona fide occupational qualifications, retirement plan, or statutory requirement. K. Contractor agrees that facilities, programs, and services supported in whole or in part with federal funds will be so located as to be readily accessible, available and responsive to the needs of the population to be served without discrimination because of sex, race, color, age, religion, national origin, creed, or duration of residence and that their services be publicized so as to be generally known to the population to be served. SECTION 17. DISABLED VETERANS A. Contract shall not discriminate against any employee or applicant for employment because he or she is a disabled veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veteran's status in all employment practices. B. Contractor agrees that all employment opening of Contractor which exist at the time of the execution of this grant and those which occur during the perfor- mance of this grant, including those not generated by this grant, and including those occurring at an establishment of the Contractor other than the one wherein the grant is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. Contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required. Such reports shall comply with all relevant provisions of 41 C.F.R. Part 60-250. State and local government agencies holding federal contracts of TEN THOUSAND AND N01100 DOLLARS ($10,000.00) or more shall also list all their suitable openings with the appropriate office of the state employment service, but are not required to provide these reports as set forth in paragraphs D and E of this Section. C. Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. D. In the event of Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor pursuant to the Act. 395 E. Contractor will include the substance of this provisio in every subcontract or purchase order of TEN THOUSAND AND N01100 DOLLARS ($10,000.00) or more unless exempte, by rules, regulations, or orders of the Secretary of the United States Department of Labor issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federa Grant Compliance Programs may direct to enforce such provisions, including action for non-compliance. SECTION 18. AFFIRMATIVE ACTION FOR HANDICAPPED A. The Contractor shall not discriminate against any I employee or applicant for employment because of physica or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimina- tion based upon their physical or mental handicap in all employment practices such as the following: emplol, ment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for trainin€ including apprenticeship. B. The Contractor shall operate all programs and activity funded under this contract so that no qualified handic person shall, on the basis of handicap, be excluded fr participation in, be denied the benefits of, or otherw be subjected to discrimination under any such program or activity. Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, P.L. 93-112, as ame so that programs or activities are readily accessible to and usable by handicapped persons. C. The Contractor agrees to comply with the rules, regula and relevant orders issued pursuant to the Rehabilitat Act of 1973, Pub.L. 93-112, as amended by the Rehabili Act Amendments of 1974, Pub.L. 93-516, which are codif at 45 C.F.R. D. In the event of the Contractor's noncompliance with the requirement of this grant, Committee may cancel, terminate, or suspend this grant in whole or in part; the Contractor may be declared ineligible for further contracts and such other sanctions may be imposed and remedies may be involved as otherwise provided by law. E. The Contractor will include the provisions of this Section in every subcontract or purchase order of TWO THOUSAND FIVE HUNDRED AND N01100 DOLLARS ($2,500.00) or more unless exempted by rules, regulations, or orde of the Secretary of Labor issued pursuant to Section 503 of the Rehabilitation Act of 1973, so that such provisions shall be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontract or purchase order as SPAG may direct to enforce such provisions, including actio for noncompliance. SECTION 19. CONTRIBUTIONS BY RECIPIENTS A. Contractor shall assure that all entities providing services under this contract shall provide those recei such services the opportunity to contribute to all or part of the cost of the services provided. B. Contractor shall assure that: 1. each older recipient will be informed that he or she may determine, without pressure, whether to contribute and how much to contribute; 2. the privacy of each person with respect to contributions will be protected; and 3. all contributions are safeguarded and adequately accounted for. C. Nutrition Contractors shall assure that all contributio for meals shall be used to increase the number of meals served. e ons, n tion 396 Em D. Contractor shall assure that no person shall be denied services because of failure to contribute for the service. SECTION 20. TRANSPORTATION A. Whenever funds provided under this contract are used to establish needed social or nutrition services to older persons, Contractor shall develop plans for transportation to ensure that older persons have access to such services. B. Funds under this contract may not be used to provide a direct subsidy to an overall reduced fare program for a public or private transit system. C. Contractors may enter into agreements with agencies which administer programs under the Rehabilitation Act of 1973 and Titles XIX and XX of the Social Security Act for the purpose of meeting the common need for transportation services of participants under the common program. Funds may be utilized to the extent provided in Attachment A - Budget to purchase or pool transpor- tation services under the above listed Acts. SECTION 21. COMMUNITY FOCAL POINTS When SPAG has designated a community focal point for comprehensive service delivery in each community/county, Contractor shall develop a plan for delivering services to those with the greatest social or economic need. SECTION 22. OUTREACH A. Contractor shall develop a written plan to assure that outreach activities shall be conducted to identify older individuals eligible to participate in services under this contract. B. For the purposes of this contract, preference shall be given to identifying those with the greatest social or economic needs: 1. greatest social need means factors such as isolation, physical or mental limitations, racial or cultural obstacles, or other non -economic factors which restricts individual ability to carry out normal activities of daily living and which threaten an individual's capacity to live independently; 2. greatest economic need means an income level that falls below the poverty level established by the Bureau of the Census. SECTION 23. TRAINING Contractor shall assure that its employees, Title V employees under the Senior Service Employment Programs, Older Americans Act, or volunteers delivering services under this contract participate in training events established by SPAG. SECTION 24. PUBLIC INFORMATION Contractor shall assure that a public information program about services under this contract are effectively distributed throughout Contractor's service area. SECTION 25. ADVOCACY Contractor shall provide advocacy and leadership on behalf of all older persons in Contractor's service area and will appoint observers to monitor policies, programs, hearings, levies, and community actions which may effect older persons. SECTION 26. ORDER OF PREFERENCE In the event there are conflicts among the provisions of this contract, the conflicts shall be resolved by giving precedence to Sections 1 through 29 appearing on the first 12 pages of this contract and all attachments thereto. SECTION 27. AUTHORITY The authority on which this contract is based derives from the Older Americans Act of 1965, as amended, its regulations dated November 15, 1977 in lieu of final regulations based on the October 1, 1978 reauthorization; H.E.W. regulations on Administration of Grants Title 45 C.F.R. Part 74 and Title 41 C.F.R. Part 60-250 pertaining to employment of Disabled Veterans, dated September 19, 1973, and revised August 2, 1978; Title VI of the Civil Rights Act of 1964, the Clean Air Act and the Clean Water Act; the Contract Work Hours and Safety Standards Act; provisions pursuant to the Rehabilitation Act Amend- ments of 1974, codified at 45 C.F.R.; Historic Preservation Act; Flood Control Act. Housing and Urban Development Act of 1974. and. with all state and local- 397 MAY SECTION 28. ORAL AND WRITTEN AGREEMENT All oral or written agreements made prior to this contract have been reduced to writing and are contained herein by the execution of this Contractor evidences its understanding and agrees that any prior agreement is terminated as of the effective date of this contract. Both parties agite that SPAG shall not be liable for any costs incurred by Contractor except to the extent provided in this contract. Both parties understand and agree that each individual signing this contract do so as a representative of SPAG or Contractor respectively, and in the absence of gross negligence or intentional wrongdoing by such individual, shall not be personally liable under it; and both parties furtler agree, in the absence of such negligence or wrongdoing, to seek recourse solely against SPAG or the Contractor, as the case may be, in case of breh* WITNESS OUR HANDS EFFECTIVE THIS 22nd day of May 110 CITY OF LUBBOCK, TEXAS SIGNED: By: Isl Bill McAlister, Mayor *INDIVIDUAL AUTHORIZED TO COMMIT FOR CONTRACTOR (CITY OF LUB ATTEST: /s/ Evelyn Gaffga /s/ City Secretary -Treasurer *INDIVIDUAL AUTHORIZED TO COMMIT FOR CONTRACTOR Approved and accepted on behalf of South Plains Association of Government /s/Jerry D. Dasstevens H Jerry Casstevens, Executive Direcqr South Plains Association of Governments *Please attach copy of minutes including official action authorizing the individual/s (maximum of two persons) to commit for the contractor. Attachment A _1HIIIb City of Lubbock Communiy Service IDept. Contractor 11 AA3-8048-21-08p650 Contractor Number Budget and Justification Title IIIb AAA Social Services and Nutrition Social Services Budget Category .otal Budget Oth� SPAG Fed'l Contractor Non-Fed'l Total Other 1� Reso�rces Cash In -Kind 1. Personnel 2. Travel (Staff) In -Region Out -of -Region .• MINNE-1 Total Budget Other Contractor SPAG Non-Fed'l Other Budget Category Fed'l Total Resources Cash In -Kind 3. Building Space 4. Communications/Utilities Prorated cost of utilities paid by City at CSD office 7m x 28 194.00 194.00 5. Printing/Supplies 6. Equipment 7. Other 25 homes covering repairs not connected with weatherization 1,750.00 8. Total Costs 1,750.00 194.00 1,944.00 NNUETWIVOTIN The total budget is the sum of federal participation (SPAG) and non-federal participation (Contractor). All budgeted amounts become contract obligations. Budgeted program income accumulated or projected to be earned in the contract period must be spent in the current period. Program Income is cash received from - earnings for fees, sale of goods, etc. or from - meal contributions which has been ACCUMULATED to date or which is PROJECTED for the contract period. Program Income accumulated or projected may be budgeted as - non-federal (contractor) participation for allowable costs in addition to the SPAG federal allocation, or as - non-federal (contractor) participation to replace all or part of the SPAG federal allocation. Revenue from public funds - tax funds or other funds - is not program income UNLESS it has been specified by the public source as matching funds. Public funds not specified as matching funds should be reflected in OTHER SOURCES. 399 M PROGRAM INCOME ACCUMULATED/EARNED/CONTRIBUTED PROGRAM ACCUMULATED, AS OF 3/1/80 PROGRAM INCOME PROJECTED FROM EARNINGS -0- CONTRIBUTIONS -0- 1. ACCUMULATED 2. PROJECTED 3. SPAG FED'L FUNDS -0- TOTALS -0- PROGRAM INCOME BUDGETED CONTRACTOR NON-FED'L IN ADDITION TO SPAG FED'L ALLOCATION -0- -0- CONTRACTOR NON-FED'L REPLACING PART/ALL SPAG FED'L ALLOCATION Total P-1 -0- Other 194.00 TOTAL 194.00 1,750.00 TOTAL BUDGET $ 1,944.00 CITY OF LUBBOCK, TEXAS By: Isl Bill McAlister, Mayor Signature Part II SPECIAL PROVISIONS TITLE IIIb COMMUNITY SERVICES - RESIDENTIAL REPAIR This contract is for the purpose of providing residential repair services in City of Lubbock beginning on March 1, 1980 and (service area) ending on Sept.. 1, 1980 and in the amount of $ 1,944.00 (budget total) including $ 1,750..00 and $ 194.00 (federal) (match) Contractor will assure that crews providing weatherization will be utilized to provide repair to residences at a cost not exceeding $250. per residence and with no expense included for labor. For the purposes of this contract, residential repair will be identified as repair to sagging porches; installing porch banisters and wheelchair ramps; repairing holes in doors, interior walls or ceilings; minor electrical work such as replacing electrical switches or faulty light fixtures; or, replacing worn gaskets on faucets or the commode flushing system. Residences selected will be, to the extent possible, homes owned by over-60 residents who are isolated and who have little or no contact with family or friends. 3A-80 400 80-39-400-580 (41) 80-39-400-581 (42) 80-39-400-582 (43) Consider authorizing advertising for bids for construction of utilities in Kingsgate Addition, Lots 1-268. The Kingsgate Addition is ready for utility construction in this subdivision; because of the large refund due the developers, it is recommended that competitive bids be taken. The motion was made by Councilman Brown, seconded by Mayor Pro Tem. Henry to authorize the advertising for bids for this development. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Resolution No. 507 A resolution authorizing the Mayor to execute a grant application and other related documents for federal regulation of the Public Utility Regulatory Policies Act, Pub. L.95-617, 92 Stat. 3117, et seg. Director of Sales and Service for LP&L Carroll McDonald appeared before the Council to indicate that the utility for the City is entering into a joint application with the cities of Austin and Garland for assistance from PURPA Grant Program, second year. PURPA is requiring public hearings on twelve different issues; the city has in-house capabilities of handling the public hearings for eleven of the issues, but due to the nature of the remaining issue (cost of service to the customer), it is advisable that we join with the cities of Garland and Austin for outside assistance in handling this specific matter. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Resolution No. 507 to file the referenced grant application with PURPA. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and 'Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 507 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of theCity of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an application for financial assistance under the PURPA (Public Utility Regulatory Policies Act, Pub. L. 95-617, 92 Stat. 3117 et seq.) Grant Program in order to carry out duties and responsibilities under that act, 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 22nd Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Director Electric Sales & Service APPROVED AS TO FORM: day of May , 1980. Isl Bill McAlister BILL McALISTER, MAYOR Isl David W. Reagan David W. Reagan, Assistant City Attorney NOTE: Grant Application is attached to Original Resolution. Resolution No. 508 A resolution authorizing the Mayor to execute an addendum to the contract with Gladieux Food Services, Inc. On October 9, 1975, the City entered into a contract with Gladieux Food Services, Inc. for food and beverage services in the air terminal. At the time of the contract, the liquor sales portion carried a percentage ranging from 5.4% to 12% on a scale 401 based on gross sales. Subsequently, on June 9, 1977, the contract was renegotiated to pay the Airport 10% of gross receipts, said percentage to be again renegotiated in 1981 and in 1986. At a recent audit conducted by the City Internal Audit Department, it was discovered that the Council had never taken action modifying the contract, and the referenced addendum to the contract is merely a housekeeping procedure. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution No. 508 executing the addendum to the contract. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:cl RESOLUTION NO. 508 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 the Contract entered into with Gladieux Corporation, 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 22nd day of May ,1 80. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Assistant City Attorney ADDENDUM TO CONTRACT THE STATE OF TEXAS § COUNTY OF LUBBOCK § The Contract entered into the 9th day of October, 1975, by and betweTn the CITY OF LUBBOCK, therein referred to as "LESSOR" and GLADIEUX FOOD SE°VICES, INC., therein referred to as "LESSEE", granting to LESSEE concession rig is 8 to be operated at the Lubbock Regional Airport, is hereby amended by chanling Section 1 of said Agreement to read as follows: I 1. Lessor does hereby lease unto Lessee the premises in the new Airport Administration Building known as the kitchen, dining room, coffee shop, lounge, gift shop, and related areas, all as shown on the plan of said premises, a copy of the plans being attached to the original Contracl between the parties hereto and marked "Exhibit A", and made a part thereof, which premises will be located in the new Airport Administration Buildingi and further grants to Lessee the exclusive liquor, restaurant and concession sales for the entire airport terminal, including lobby of Administration Building, and including merchandising and vending machines, cigarettes, candy, gum, cigars, cold and hot drinks, and the rights to any and all machines above described placed upon said premises, and except any vendin machines for employees and within exclusive leased areas. Concessions granted herein are described as novelties, news, magazin' books and tobacco items and do not include items as specialty shops, such as, but not limited to, ladies wear, flowers, game machines, shine, book store, smoke shop, or airline VIP club exclusively operated and controlled by an airline, etc. The rights granted herein to be provided by Lessee may be provided by Lessor to another party if Lessee fails to provide the services within one hundred fifty (150) days upon notice by Lessor. The above machines which Lessee has the right to operate shall be placed in the lobby of the Airport Administration Building or elsewhere, 402 Said term is to be for a full fifteen (15) years commencing on February 1, 1976, and continuing until the 31st day of January, 1991, with the right to renew said lease for an additional five (5) year period if agreeable with Lessor at that time. In consideration thereof, the Lessee promises and agrees to pay Lessor the amounts provided below as soon as Lessee has been notified that the expanded and improved facilities are ready for operation, and Lessee in writing acknowledges that said premises have been completed and are ready for operation. RENTAL SCHEDULE: Rental Rates on Sales Amt. Lessee Spends Newspapers & Gift & Novelty Liquor up to $500,000; for Equipment Periodicals Items Sales All Other Sales Up to $50,000 5% 10% 10% 9.5% $50,000 - $100,000 5% 10% 10% 8.2% $100,000 - $150,000 5% 10% 10% 6.8% $150,000 - $200,000 5% 10% 10% 5.4% These rates are based on annual sales up to $500,000. As sales increase, the rental rate will also increase, with each increase of $50,000 annually above $500,000, the rental on "All Other Sales" will increase an addi- tional 1/4% of total "All Other Sales"; but in any event, rental will never increase more than 4 1/2% above the base rate. Liquor Sales Rental will be at 10% of gross with percentage rental rate to be renegotiated in February, 1981, and February, 1986. Gross sales shall include all monies received by Lessee from the sale of any and all articles and other things upon or from the leased premises, and from any and all services rendered and operations and business of every kind conducted upon or from the leased premises less the deduction of State and Federal sales and excise taxes. Lessee further agrees that rentals due hereunder shall be due and payable monthly in arrears on or before the 20th day of each and every month thereafter during the term of this agreement. Adjustments for varying percentages over and above the minimum rentals shall be computed annually and shall be due on or before 20 days after the anniversary date of the lease. The original Agreement executed between the parties on the 9th day of October 1975, shall in all things remain in full force and effect in accordance with its terms, save and except the amendment heretofore set forth. Which amendment shall supersede the original Contract entered into between the parties and be effective for the balance of the term of said Agreement. This Addendum shall be effective as of June 9, 1977. EXECUTED ON THIS THE 22nd DAY OF May , 1980. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director of Aviation ATTEST: /s/ F. E. Schafer Secretary CORPORATE SEAL CITY OF LUBBOCK /s/ Bill McAlister BILL McALISTER, MAYOR APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney GLADIEUX CORPORATION (formerly GLADIEUX FOOD SERVICES, INC.) BY: /s/ James W. Chapman Title Vice President 403 80-39-403-583 Resolution No. 509 (44) A resolution authorizing the Mayor to execute a contract for the audit of the Community Development Block —Grant—. — The audit of the CD funds is not included in the general audit of the City to be handled by the outside auditors, Mason, Nickels and Warner. The estimated cost is $7,500. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem. Henry to pass Resolution No. 509 allowing for the audit of the CD Block Grant Funds. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:bs RESOLUTION NO. 509 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 City of Lubbock and Mason, Nickels & Warner, Certified Public Accountants for accounting services for Community Development Block Grant programs for the period of time from April 1, 1979 through May 31, 1980, 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 22nd day of May , OMO. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT made and entered into this 22 day of May _, 1980, between the City of Lubbock, Lubbock County, Texas, hereinafter referred to as City, and Mason, Nickels & Warner, Certified Public Accountants, Lubbock, Texas, hereinafter referred to as Accountant. WITNESSETH: WHEREAS, the parties hereto did enter into an agreement on the 12th day of December, 1979, wherein accountant did agree to perform certain audit examinations described in said agreement; and WHEREAS, said agreement did not provide for accountant to perform audit examinations on any item, account or matter not covered by said aforementioned agreement; and WHEREAS, the City is in need of accountants professional services to perform certified audits on certain specified Federal and State Grants; and WHEREAS, the aforementioned work required by City is outside the scope of services to be provided by accountant under this agreement of December 12, 1979. 404 22SEN, NOW THEREFORE, the City and accountants do hereby mutually agree as follows: I. SCOPE OF SERVICES 1. The Accountant hereby agrees to perform certified audits on the following Federal or State Grant projects operated by City: A. Community Development Block Grant programs for the period of time from April 1, 1979 through May 31, 1980 to include a complete audit of the Urban Renewal Agency of the City of Lubbock for the period of time from June 1, 1979 through May 31, 1980. 2. Accountant further agrees to commence and complete the audits in accordance to the following schedule: A. The audit for the Community Block Grant program, including the Urban Renewal Agency, shall commence within 60 days of May 31, 1980 and be completed within 150 days of said date. 3. Accountant will deliver 10 copies of each audit report to the City upon completion of said work by accountant. II. COMPENSATION 1. The City agrees to pay accountant for services rendered under this agreement up to a maximum cost to the City for audit services rendered as follows: A. Community Development Block Grant including the Urban Renewal Agency (7,500 Dollars). III. METHOD OF PAYMENT The accountant will submit progress billing at selected intervals based on work performed. The City may withhold ten percent of each such billing until final completion of the work at which time accountant shall submit a detailed billing to City showing the hours expended by accountant on each audit performed together with a request for final payment. IV. COOPERATION OF CITY The City agrees to make available to accountant at the expense of the City the printing facilities of the City for use by accountant in preparing reports contemplated herein. The City will also cooperate with accountant in making its records and personnel available to accountant for the purpose of his work under this agreement. V. t'TTTnl7T TNT17C Accountant agrees to conduct the audits which are the subject of this agreement in accordance with all applicable Federal or State Guidelines or audit procedures. VI. TERMINATION This agreement shall terminate upon delivery of the audit reports from accountant to City as required in Paragraph I, subparagraph 3, of this agreement. ATTEST: CITY OF LUBBOCK /s/ Evelyn Gaffga BY: /s/ Bill McAlister Evelyn Gaffga, City Secretary- BILL McALISTER, MAYOR Treasurer APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney MASON, NICKELS & WARNER Certified Public Accountants BY: /s/ Larry Anderson Partner 405 80-39-405-584 Resolution No. 510 (45) A resolution approving Notice of Sale and Bidding Instructions, Official Bid Forms and Official Statement relating to $6,450,000 City of Lubbock General Obligation Bonds, 1980 Series, and authorizing distribution of same. Mr. Joe Smith with First Southwest of Dallas appeared and gave a detailed presentation of the Resolution and Notice of Sale, Bidding Instructions, Official Bid Forms, etc. with respect to the $6.450 million General Obligation Bonds, 1980 Series being advertised and the contemplated sale. These Bonds are primarily for water, sewer and street improvement projects. The advertising for sale was authorized by the Council on April 24, 1980. Mr. Smith indicated that the bids would be open on June 26 at 10:30 a.m. and would be received in the Office of the City Secretary prior to that time. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Resolution No. 510 approving the Notice of Sale, Bidding Instructions, Official Bid Forms and related documents for the sale of the 1980 Series General Obligation Bonds in the sum of $6,450,000. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 510 WHEREAS, the City Council of the City of Lubbock, Texas desires to receive bids for the purchase of its $6,450,000 General Obligation Bonds, Series 1980; and WHEREAS, First Southwest Company, Dallas, Texas, has been authorize and requested to prepare a Notice of Sale and Bidding Instructions, Of- ficial Bid Form and Official Statement containing financial, economic and other data necessary and desirable to attract bids for said bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LBUBOCK, TEXAS: That the attached Notice of Sale and Bidding Instructions, Official Bid Form and Official Statement relative to $6,450,000 City of Lubbock, Texas General Obligation Bonds, Series 1980, are hereby approved, both a to form and content, and said First Southwest Company is authorized to distribute said Notice of Sale and Bidding Instructions, Official Bid Form and Official Statement to prospective bidders for, and purchasers o the bonds. PASSED AND APPROVED this of the City of Lubbock, Texas, quorum present. ATTEST: /s/ Evelyn Gaffga CITY SECRETARY the 22nd day of May, 1980, by the City Coun it convened in regular session with it CITY OF LUBBOCK, TEXAS By: Isl Bill McAlister MAYOR NOTE: Notice of Sale and Bidding Instructions attached to Original Resolution. The Session was recessed at 11:45 for Executive Session, to be followed by lunch, discussion of Work Session items, and reconvening for the 1:30 hearing. 80-39-405-585 Hold a public hearing for the purpose of considering federal Operating (18) Assistance under Section 5 of the Urban Mass Transportation Act of 1964, as amended. In accordance with Notice posted on May 16, 1980, a public hearing was held on the above matter. Denzil Percifull, Director of Public Services, appeared to apprise the Council the purpose of this public hearing was to receive comments regarding the proposed application for an Operating Assistance Grant for the Transit System. The Grant is in the amount of $661,583 presented to the Urban Mass Transportation Administration. UMTA pays approximately 50% of the operating costs through this type of grant. 406 During the fiscal year of 1979-80, the City's share was $364,953, plus $5,000 from the Technical Study Grant for a total of $369,953. For the fiscal year 1980-81, the City's share would be $461,732. The Grant would be effective from October 1, 1980 thru September 30, 1981. The proposed budget for the referenced Grant is: 1. Total operating and contract cost $1,799,241 2. Less eliminations A. Non -mass transportation expenses (charter) -85,875 B. Other exclusions (UMTA Section 9-- Technical Study) -40,000 $ 125,875 3. Eligible operating expenses $1,673,366 4. Less fare box revenue -350,200 5. Net project cost $1,323,166 6. Local share A. City of Lubbock $ 461,732 B. University student funds 185,946 C. Secondary Tech contract 10,370 D. Senior citizen shopper 3,535 Total local share $ 661,583 7. Net expenses advanced on operations before applying for UMTA funds $ 661,583 8. UMTA funds requested $ 661,583 Discussion by the Council members reflected that although the grant application should be submitted, there was grave concern about a total operating cost of almost $1.8 million, with only $350,000 in revenue; this operating cost does not include the buses the federal monies purchased, nor depreciation; that the total cost would be more like $2 million per year; in terms of sound business practices, this is a waste, and Councilman Brown requested a fiscal report of the entire system. There being no further discussion, the hearing was closed. 80-39-406-586 Resolution No. 494 (19) A resolution authorizing the Mayor to sign an application and contract for Operating Assistance Grant, under the Department of Transportation Urban Mass Transportation Act of 1964, as amended. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry that the grant application be submitted, but at the same time the staff prepare a fiscal report --that is, not a PR report, but a taxpayer's report --disclosing an amount for reasonable depreciation, to include capital investment, a reasonable rate of return on investment, operating costs, divided by the number of boardings on the bus, which will tell the public what these boardings cost; that a total listing of revenue be included; that this information be made available to the public in a neat, orderly form that the public can understand, and publish this report, if necessary, in a manner where it can be read; to allow about two weeks for public reaction, and place this item back on the agenda for further consideration. Discussion then ensued by Bill Dean, Vice Chairman of the Transit Board, and other members of the Council to the effect that a municipal transit system is seldom, if ever, a profit -making activity; that without exception municipal transit systems have to be subsidized; that the Transit Board has done a wonderful job in coping with all the frustrations of the system by realigning non -rider routes, promoting citizen interest, adjusting rates when feasible, etc.; and there has been no attempt on the part of the Transit Board to misrepresent to the public the cost of operation nor revenues generated for the System. Members of the Council and Councilman Brown reiterated the fact that there was no reflection on the Transit Board for nonperformance of their duties nor deception to the public; however, it was Councilman Brown's opinion that this type of operation is very difficult for the average taxpayer to comprehend and, therefore, the information should be presented in a manner understandable by the average citizen. Following additional discussion, the ballot was taken: Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 494 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTAT ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; WHEREAS, the contract for financial assistance will impose certain obliga- tions upon the applicant, including the provision by it of the local share of project costs; M WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as Amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts, when procuring construction contracts, supplies, equipment contracts, or consultant and other services: NOW THEREFORE, BE IT RESOLVED TY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the MAYOR is authorized to execute and file an applicatior on behalf of the City of Lubbock with the U.S. Department of Transportati to aid in the financing of operating assistance projects pursuant to Section 5 of the Urban Mass Transportation Act of 1964, as amended, for fiscal year 1980-81. 2. That the MAYOR is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That JOHN L. WILSON, Transit Coordinator, is authorized to furnish such additional information as the U.S. Department of Transportat may require in connection with the application or the project. 4. That the MAYOR is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. 5. That the Mayor is authorized to execute grant contract agreements on behalf of the City of Lubbock with the U.S. Department of Transportation for aid in the financing of the operating assistance project. Passed by the City Council this .22nd day of May /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl John L. Wilson John L. Wilson, Transit Coordinator APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 80-39-407-587 ordinance No. 8056 (46) An ordinance calling a bond election. At the May 8, 1980 Regular City Council Meeting, the Water Resources Board recommended that the Council call a bond election for August, 1980 for the purpose of submitting to the voters issuance of $21,000,000 in bonds for water project improvements, said improvements to include drilling additional wells (55) in the Sandhills Well Field, expansion of the Water Treatment Plant, construction of a water reservoir to be utilized during peak water usage periods, and construction of water distribution lines to newly annexed subdivisions. n, M ADEM Mr. Joe Smith, First Southwest Company in Dallas, appeared before the Council and read into the record, verbatim, the referenced ordinance calling the bond election for the issuance of $21,000,000 in bonds, reciting the publication requirements, the individual voting places with election officials being stated therein, and requested the Council's acceptance and passage of this ordinance. There being no discussion, nor opposition, the motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance No. 8056 on first reading, whereby a bond election will be held on August 9, 1980. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ORDINANCE NO. 8056 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, CALLING A BOND ELECTION TO BE HELD WITHIN SAID CITY, MAKING PROVISION FOR THE CONDUCT OF THE ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDER. 80-39-408-588 Consider retaining a Financial Advisor with respect to above referenced ordinance. (47) The First Southwest Company of Dallas has represented the City as Financial Advisor for a number of years. The referenced document is a contract with First Southwest stating the terms and conditions as related to the above referenced bond election. Mr. Joe Smith, representing First Southwest, indicated there were a few changes in the contract from the previous years, i.e. First Southwest will not be responsible for the costs of the election (previously they had allowed $10,000 for election costs). Director of Finance Robert Massengale reported to the Council that in the event the bonds are approved by the voters, the first bond sale will be held in February, 1981 in the amount of $16,200,000, to be utilized as follows: Completion of Treatment Plant and Supply $ 8,285,000 Expansion of Wellfield with 25 new wells 5,200,000 Pump Station #9 585,000 Distribution lines: Station #9 to 4th and Frankford 1,500,000 Memphis 82nd to 98th 555,000 Storage Building 75,000 TOTAL $16,200,000 Mr. Massengale recommended that the contract be approved naming First Southwest Company of Dallas as the Financial Advisor for the City. There being no discussion nor opposition, the motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown authorizing the Mayor to execute the contract with First Southwest Company of Dallas to serve as Financial Advisor for the referenced bond election. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39-408-589 Consider the request of Farmers Co-op Compress to install an LP gas storage tank. (48) Farmers Co-op Compress has requested to place a 30,000 LP gas storage tank on their property located at 3800 Southeast Drive. The Fire Marshal's Office has inspected the premises in the matter by which the employees are handling the commodity, has conferred and requested permission from the Railroad Commission for their approval, and all facts being favorable, recommends approval of this request. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve the above referenced request. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39-408-590 Consider rescinding resolution of 1965 regarding appointment to Board of City (49) Development. In 1965 the above referenced resolution regarding appointments of BDC members was passed by the City Council. With the enactment of Senate Bill 621 (Peveto Bill) regarding the method of providing county -wide appraisals and calculating the tax rates, it is the recommendation of the Staff that the duties and responsibilities of the Board of City Development be re-evaluated. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to rescind Resolution dated July 22, 1965. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The appointees to the BCD whose terms expired January 15, 1980, joined the Council for lunch on this date and words of appreciation were expressed by the members of the Council and response by the respective members. 409 MAI 19� 80-39-409-591 Ordinance No. 8057 (50) An ordinance establishing duties and responsibilities of the Board of City Development. This proposed ordinance is closely related to the above referenced action requiring a re-evaluation of the terms and the method of spending monies attributable to the BCD. The new method of calculating taxes would mean that the BCD, with its 5� tax rate based on 100% valuation of the properties, would approximate a 40% increase in revenues; simultaneously, the General Fund would experience a reduction in monies from the nearly created tax appraisal process in the amount of $400,000. It is recommended that the 40% increase in revenues to BCD be allocated for debt service on a continuinE basis, and all funds expended be utilized in the area of business and industrial development in Lubbock, and all unencumbered and unexpended funds in the BCD coffers at the end of the fiscal year (September 30) be returned to the General Fund. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance No. 8057 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JCR:cl ORDINANCE NO. 8051 AN ORDINANCE SPECIFYING THE DUTIES OF THE BOARD OF CITY DEVELOPM METHOD OF APPOINTMENT OF BOARD MEMBERS, QUALIFICATIONS OF MEMBER AND AUTHORIZING THE BOARD TO CONTRACT FOR SERVICES 80-39-409-592 Bid No. 5856 for water items (warehouse stock). (51) Items 1,2,3,4,5 Trans -Tex Supply Company, Odessa, Texas Items 6,7 C & C Municipal Supply, Lubbock, Texas 80-39-409-593 Bid No. 5849 for electric items (warehouse stock). (52) Item 1 C. B. Anderson Company, Amarillo, Texas Items 2,3,4 Temple, Inc., Lubbock, Texas Item 6 Westinghouse Electric Supply Lubbock, Texas Item 5 Fields & Company, Lubbock, Texas 80-39-409-594 Bid No. 5852 for repair of diesel engine (Elec. Prod.). (53) Low Bidder X-Line, Inc., Salina, Kansas ($6,330) 80-39-409-595 Bid No. 5842 for uniforms (Police & Airport Security). (54) Low Bidder J. B. Battle Uniform Company, Oklahoma City, Oklahoma 80-39-409-596 Bid No. 5787 for ball park lighting fixtures, Burl Huffman Athletic �g �M] (55) (Park & Rec. Dept.)(ievenue Sharing Funds). Low Bidder Lighting Concepts & Equipment Co, Houston, Texas ($59,834) Director of Purchasing Floyd Nesbitt indicated that all of the above bids are the low bidder and meet specifications. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve Bid Nos. 5856, 5849, 5852, 5842 and 5787. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 0 410 The Council recessed at 2:10 p.m. to continue with Executive Session and completion of the Work Session items, to be reconvened for board appointments. 80-39-410-597 Consider six appointments (regular members) and four appointments (alternate (56) members) to the TAX BOARD OF EQUALIZATION, representing the City. City appointments (Regular) SWAIN, Carol (Mrs. Nolen) PHARR, Don HACKLER, Bill J. Pioneer Natural Gas BELL, Vernon PATTERSON, T. J. College of Bus. Admin, KYRE, Joan Alternates 2517 - 56th P.O. Box 268 5415 - 12th 1500 Broadway 3303 - 22nd 2405 Globe Texas Tech 3409 - 57th SHEPARD, McKinley 3417 E. 16th GILBREATH, Jim 3430 - 56th V.Pres., R.C. Young Seed Co. 624 - 27th KILLGORE, Bill 8801 Joliet Dr. Holard Killgore & Co. 2902 3rd Pl. CLARY, Sue (Mrs. Jim) 3001 - 79th 795-1190 797-7101 795-9168 765-6321 795-3220 744-9714 742-3171 799-1462 763-8645 792-2926 744-1408 793-1982 762-8608 745-5923 80-39-410-598 Consider approval of appointees to the TAX BOARD OF EQUALIZATION, representing the (57) Lubbock Independent School District. LISD a2pointments (Regular) LITTLEFIELD, Robert 111 3218 - 35th 793-0013 MANTOOTH, Walter (Dub) 4717 - 76th 792-1805 Realtor Monterey Shopping Center 792-2128 HOLMES, I. G. 2323-B - 52nd 799-7600 Holmes Photography 1211 Avenue Q 762-4219 SIMMONS, Otis N. 4501 - llth 795-9490 NELSON, Jo Love (Mrs. George) 3804 - 64th Dr. 795-0255 SMITH, Howard D. 4509 - 13th 792-3200 V.Pres., Lubbock National Bank Alternates JOHNSON, Leroy 2207 - 26th 762-6594 TEMPLE, A. G. 2117 - 54th 744-4228 Temple Realty 1703 Avenue K 765-9047 All appointed for 3 years; reaffirmed annually. 80-39-410-599 Consider one appointment to the PLUMBING BOARD, to fill the unexpired term of Bud (58) Samson, said term expiring l/l/84. Mr. Samson has indicated he is unable to continue to serve. (Category: Master Plumber --Ord. #1670). Joe N. Miller 3605 - 29th 799-7780 Plumbing Service Co. 5620 Brownfield Rd. 799-4345 to fill the unexpired term of Bud Samson, said term expiring 1/l/84 80-39-410-600 Consider two appointments to the COMMUNITY DEVELOPMENT ADVISORY COMMITTEE. Categories.: (59) Senior Citizen Association and the Handicapped Association representatives. (Pursuant to Resolution #188, approved June 14, 1979, all terms will expire May 31.) Senior Citizen Assn. George Dawson 3512 - 36th 799-0908 Handicapped Assn. Larry Gardner 5535 - 2nd 792-9674 Term: 6/l/80 - 5/31/82 411 80-39-411-601 Consider five appointments to the BOARD OF CITY DEVELOPMENT. The terms (60) of Buddy Barron, Owen Hamilton, Tim Hatch, Marion Key and Ray Diekemper expired January 175,_19_80. Mrs. Esther Sepeda 5013 - 15th 797-9164 763-6551 Howard Yandell 3803 - 66th 799-7301 Pres., First National Bank 765-8861 Jim Spears 6906 Nashville 799-7558 Investments LNB Bldg. 762-3800 George C. Miller 3213 - 43rd 799-3803 T CB Bldg. 744-2404 Roy Roberts 1827 Manhattan Dr. 762-5303 Principal --Dunbar High School 763-5984 Term: 6 years The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to approve the above referenced appointments. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. There being no further business, the motion was made by Councilman Aderton, seconded by Councilman Brown to adjourn at 3:15 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. L;.W' 0 ANW�5.w Un - M 00— ISTER, MAYOR ATTEST: XV fft-UN GAFF A, CITY SECR1fTA)8FkEASURER READ AND APPROVED THIS 12th DAY OF June , 1980. MOMAN STER, MAYOR ATTEST: 9VELYN GAF A, CfTY SECWTREASURER