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)
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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