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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/12/1980421 80-39-421-615 ( 1) 80-39-421-616 ( 2) 80-39-421-617 ( 3) 80-39-421-618 ( 4) 80-39-421-619 ( 5) CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING June 12, 1980 9:30 A.M. The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, June 12, 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, Assistant City Attorney Don Vandiver, and City Secretary -Treasurer Evelyn Gaffga. Absent: John C. Ross, Jr., City Attorney The invocation was given by Mayor Bill McAlister. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. At 9:45 a.m. Mayor McAlister announced that an Executive Session would be held for the purpose of considering land acqusition and personnel matters; this announcement was in accordance with Section 2-F, Art. 6252-17, V.A.T.S. Approval of Minutes - Regular Meeting, May 22, 1980 Special Meeting, May 23, 1980 The motion was made by Councilman Aderton, seconded by Councilman Brown to approve the minutes of the Regular Meeting of May 22, 1980, and of the Special Meeting of May 23, 1980. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Board Appointments Sue Clary Howard D. Smith Esther Sepeda Howard Yandell George C. Miller Roy Roberts Proclamations Board of Tax Equalization Board of Tax Equalization Board of City Development Board of City Development Board of City Development Board of City Development "Black Economic Development Day" - June 14, 1980 Receiving: T. J. Patterson, Co -Publisher, Lubbock Digest Eddie T. Richardson, Jr., Co -Publisher, Lubbo Digest "Beef for Fathers Day" - June 15, 1980 Receiving: Mrs. Wayne Owens, President of Caprock CowB 80-39-421-620 Vernon L. Clem, Division Manager of Pioneer Natural Gas Co. to 6) appear to discuss petition filed on behalf of tenants residing at Coronado Apartments. At the 8:30 a.m. Work Session, the Council was advised by Jim Brewster, Trial Attorney for the City, that this matter was not a public hearing, but merely an opportunity to allow Pioneer Natural Gas to officially submit their response to the petition filed by West Texas Legal Services on behalf of tenants of Coronado Apartments; that there presently exists before the Railroad Commission a similar tk .s 422 FENHEM11 matter under litigation to which the Commission has not determined the jurisdictional authority of the regulatory body in such matters of termination of service; that the Council is cautioned against allowing any merits of the case being presented, and should divert same if such merits are presented by PNG; that the sole purpose of this matter is for their response to be submitted into the record, accepted by the Council, and referred to the Legal Department for study and a legal opinion as, to the Council's position. At the regular meeting, Mr. Vernon L. Clem, Division Manager of Pioneer Natural Gas, appeared and submitted the Company's response to the referenced petition filed May 22, 1980, by West Texas Legal Services. Mr. Clem gave a brief commentary reflecting that Pioneer in this matter is following the termination standards set by the Railroad Commission for gas utilities; that Pioneer has no contractual relationship with the individual tenants of the Coronado Apartments, but enters into a contract with the present manager; that the City has no authority to issue temporary injunctions under PURA; and that the Railroad Commission is currently considering matters regarding termination standards in present litigation. Mr. Clem further stated that the then present manager of the Apartments was given proper billing, proper notice of past due account on more than one occasion, and the proper notice for termination of service. At this point, Mr. Clem became involved in the merits of the case at which time he was interrupted by Mr. Vandiver, who again advised the Council that the merits of the case were not to be presented at this time, nor considered; that these statements should be made under oath, at a time when and if the Council sits as a regulatory authority in this matter, and their purpose at this point,,is not to take any action at all, other than to accept Pioneer's response to the petition filed in this matter, to which Mr. Clem agreed. Mr. Clem immediately concluded his remarks. The motion was then made by Councilman Brown, seconded by Councilman Aderton to accept the response of Pioneer Natural Gas to the petition filed by West Texas Legal Services on behalf of the tenants of Coronado Apartments, and to refer the matter to the Legal Department for a study and recommendation. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39-422-621 Consider setting_a, date and time for a public hearing to consider the annexation of (10 a tract of land generally described a being south of 82nd Street to 660' south of 98th Street, between Avenue U and 660' east of U.S. Highway 87, and a tract of land being a corridor 660' either side of the center line of U.S. Highway 87 south, to the north— right-of-way line at Farm Road 1585. At the 8:30 Work Session, Director of Planning Jim Bertram made a presentation as to the above matter to be considered in Regular Session, to -wit: Plan A, as recommended by P&Z, involves a proposed corridor annexation of 660' on either side of the Tahoka Highway from the City limits to FM 1585; Plan B involves a parcel of 660' adjacent to the City limits extending from 82nd Street south to 98th Street east to the right-of-way line of U.S. 87 north to 82nd Street. Plan B involves the parcel of land purchased by Pete Hale who is needing to relocate his place of business because of a proposed new postal facility on his present location. Mr. Hale has requested annexation into the City in order to receive the water and sewer services. Mr. Bertram indicated Plan A, as recommended by P&Z, is in keeping with the total annexation policy for the future of the City of Lubbock; however, they are cognizant of the fact that the future water supply within the City would have bearing on such an extensive annexation as presented in Plan A. In Regular Session, Mr. Bertram briefly submitted the same information as discussed in Work Session reflecting Plan A as recommended by P&Z, which is the total annexation policy, and Plan B, which is the specific request of Mr. Hale. The Council's response to Mr. Bertram's presentation reflected their concern for the Plan A annexation, preferring to delay this consideration until the voters have spoken to the bond issue for the water projects on August 9, 1980; that the specific proposed corridor annexation should be coordinated with all other corridor annexations - acquisitions into the City, which could be studied and considered at a later date. Mr. Bertram indicated that in the event they decided on the proposed annexation, he did recommendthatthe area relate to those parcel lines of record allowing for more efficient platting. Additionally, he commented that the State Annexation Law requires a public hearing to be preceded by the appropriate advertising not more than twenty days before the hearing, or less than ten days before the hearing. Following the discussion, the motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown that a public hearing be held on that tract of land, as requested by Mr. Pete Hale, in accordance with the parcel of record lines (660' x 660', plus the right-of-way to the center line of U.S. Highway 87), said hearing to be held at the Regular City Council Meeting on July 10, 1980, at 10:00 a.m., and authorize the City Secretary to advertise in the appropriate manner. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 423 80-39-423-622 (11) 80-39-423-623 (12) 80-39-423-624 (13) 80-39-423-625 (14) Consider a recommendation for selecting a consulting engineering firm to conduct a traffic engineering study for a digital computer traffic signal system. The City presently has a "Phase Responsive" Traffic Signal System operated by an analog computer. This system is comprised of three separate systems actually, with a computer located in the downtown area, at 34th Street and Brownfield Highway, and at 50th Street; although operating independently, they are coordinated for the entire traffic signal system. The proposed study would review and analyze this system as compared to the advantages and disadvantages of a digital computer system. The study would be financed by a $30,000 grant from the State Highway Department. The selection committee was comprised of Jim C. Blagg, Assistant City Manager; Glenn Johnson, Texas Highway Department; Jim Bertram, Director of Planning; Don Jennings, City Engineer; Robert Massengale, Director of Finance; and Bill McDaniel, Traffic Engineering Director, and considered the five proposals. The Committee recommends the firm of KHC Systems, Inc. because of their track record in performing such studies, i.e. Digital Computer Signal System in Wichita Falls; would complete the study within four months, have a professional staff of 35 engineers and scientists, and have its home office at Raleigh, North Carolina. The criteria of the proposal included the personnel qualifications, the experience of the firm, and their methodology. The Staff request approval to negotiate with the firm of KHC Systems regarding terms and conditions on a contractual basis of performing this study. Following discussion, the motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve the Staff's recommendation of KHC System, Inc. to conduct a traffic engineering study, and to proceed with negotiations of a contract with this firm. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Consider the price and conditions of sale of the north half of Parcel 5B-20-1 in the Lubbock NDP Urban Renewal Area. Redeveloper Price Redevelopment Lucinda T. Trevino $ 600.00 Adding to adjoining property Consider the price and conditions of sale of the south half of Parcel 5B-20-1 in the Lubbock NDP Urban Renewal Area. Redeveloper Price Francisco A. Salazar, Jr. $ 600.00 Redeveloper Adding to adjoining property Consider the price and conditions of sale of Parcel 2C-10-10 in the Lubbock NDP Urban Renewal Area. Redeveloper Price Redevelopment Jimmie Davis $1,100.00 Single -Family Res The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to approve the price and condition of the above referenced sales. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39-423-626 Resolution No. 513 (15) A resolution authorizing the Mayor to execute a funding approval with the Department of Housing and Urban Development for the Community Development Block Grant program for 1980-81. At the 8:30 Work Session, Director of Planning Jim Bertram indicated that HUD had approved the 1980-81 CDBG with the condition that the City approve a Fair Housing Ordinance. There is presently in existence a resolution in support of fair housing. The discussion reflected some ambiguity in the phraseology in the letter from HUD whether or not a Fair Housing Ordinance was mandatory, or an equivalent action on the part of the City would be acceptable to !sting ,s ting 424 J UN . 1980 HUD. Mr. Bertram mentioned the alternative for noncompliance was to the effect that the funds could be withheld or terminated. He did submit a rough draft of a transmittal letter to accompany the City's acceptance of the condition based on a phone call with HUD's regional director stating the City's understanding of their comments. The 6th Year application we June 1, 1980 thru May 31, 1 aggregate amount of $3,481, The projects to be incl Project Neighborhood Rehab. Park Improvements Community Facilities & Services Code Enforcement Public Improvements & Activities Planning & Management Indirect Costs Contingency As stated in Work Session, 81 grant relates to the Cit fair housing. The grant co adoption of a Fair Housing Mr. Bertram in Work Session HUD has an open-ended veto regard to this matter. Add and minimizing the effects develop a strategy for incr The motion was made by Cou Resolution No. 513 accepti instructing the Mayor to w with their regional office stated in their correspond Henry, Councilmen Brown an Nay. approved in January, 1980 81, to include 21 projects 00. are: Dollar Amount $1,825,000 563,902 353,500 226,000 175,900 91,500 50,535 194,662 to cover the grant year of and activities in the --he grant condition that has been placed upon the 1980- 7 taking satisfactory action to affirmatively further edition states "actions include, but are not limited to, )rdinance." This is the ambiguous statement referred by , and places the City in a precarious situation in that )ower over whatever action the City chooses to take in Ltionally, the City must develop strategy for evaluating )f displacement on low-income households as well as easing the housing opportunities for low-income families. .ilman Aderton, seconded by Mayor Pro Tem Henry to pass the grant with the stated condition; additionally, to a letter to HUD with regard to the telephone conversati nd the ambiguity of the phraseology of the condition as ce. Motion carried: Mayor McAlister, Mayor Pro Tem Aderton and Councilwoman Baker voting Yea; none voting RESOLUTION NO. 513 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT UNDER THE FUNDING APPROVAL UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 FOR CD FUNDING YEAR 1980-81 BETWEEN THE CITY OF LUBBOCK AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR TO EXECUTE ANY OTHER DOCUMENT OR INSTRUMENT NECESSARY TO IMPLEMENT THE ACTIVITIES APPROVED IN THE FUNDING APPROVAL. WHEREAS, Title I of the Community Development Act of 1977, Public Law 93-383, provides for a program of Community Development Block Grants; WHEREAS, the 1980-81 Annual Application for Community Development Block Grants for the City of Lubbock having been submitted to and approved by the Department of Housing and Urban Development; and WHEREAS, the City Council, has determined that participation in the Community Development Block Grant Program will be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Agreement under the Funding Approval under Title I of the Housing and Community Development Act of 1974, 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. 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 any other document or instrument necessary to implement the activities approved in the Funding Approval. Passed by the City Countil this 12th day of June /s/ Bill McAlister ATTEST: BILL McALISTER, MAYOR /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: /_/ T.T is A1_T7___' - ',.. •'1 425 80-39-425-627 Resolution No. 514 (16) A.resolution authorizing the Mayor to execute a Community Development funding agreement with the Urban Renewal Agency of Lubbock. The City has entered into a contractual arrangement with the Urban Renewal Agency funding revitalization activities. The 1980-81 agreement provides $1,825,000 for revitalization in seven areas, to - wit: Arnett -Benson Area Bean School Area Meadowbrook Villa Area Elliston Area Phyllis Wheatley Area Posey School Area Stubbs School Area These include 54 acquisitions, relocation of 25 owner families, and 1 29 tenant families, demolition of 54 substandard structures, rehabilitat, of 67 housing units, and construction of 9,082 linear feet of sidewalk. I RESOLUTION NO. 514 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK. WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Plan pursuant to the Housing and Community Development Act of 1974 as amended; WHEREAS, the Agency is a public body, corporate and politic, created pursuant to Art. 12691-3, V.A.C.S., and is transacting business and exercising the powers granted by said law; and WHEREAS, the City desires to contract with the Agency to provide and do certain activities and services pursuant to the Housing and Community Development Act of 1974 as amended and the related rules and regulations of the Department of Housing and Urban Development (HUD), and said Agency is authorized by law and is willing to carry out such activities; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Community Development Funding Agreement between the City of Lubbock and the Urban Renewal Agency of the City of Lubbock, 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 12th day of June —, 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: /s/W. M. McKamie W. M. McKamie, Assistant City Attorney 426 COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK STATE OF TEXAS COUNTY OF LUBBOCK This Agreement entered the City of Lubbock, a home and the Urban Renewal Agency hereinafter called "Agency". into this 12th day of June , 1980, between rule municipal corporation, hereinafter called "City" of the City of Lubbock, Texas, a municipal corporation, WITNESSETH: WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Plan pursuant to the Housing and Community Development Act of 1974 as amended; WHEREAS, the Agency is a public body, corporate and politic, created pursuant to Art. 12691-3, V.A.C.S., and is transacting business and exercising the powers granted by said law; and WHEREAS, the City desires to contract with the Agency to provide and do certain activities and services pursuant to the Housing and Community Development Act of 1974 as amended and the related rules and regulations of the Department of Housing and Urban Development (HUD), and said Agency is authorized by law and is willing to carry out such activities; NOW THEREFORE, the City and the Agency do hereby mutually agree as follows: 1. The Agency agrees to perform and do such activities as may be necessary to provide rehabilitation and relocation assistance programs as well as to make acquisitions deemed necessary and described in the Community Development and Housing Plan 1979-82 and the Annual Application which begins June 1, 1980 and continues to May 31, 1981, and the specific Urban Renewal Plan approved and adopted by the City Council, pursuant to and under the authority of Article 12691-3, V.A.C.S. 2. To carry out the agreed services, the City will apply for funds from the Department of Housing and Urban Development and such funds when received by the City shall be paid to the Agency to carry out such services, the total amount paid not to exceed one million, eight hundred twenty-five thousand dollars, ($1,825,000.00). 3. The Agency will perform the activities set forth in this agree- ment in such areas of the City heretofore designated as Neighbor- hood Strategy Areas and which bear specific designations as Area 7D, Area 17B, Area 20B, Area 25B, Area 26D, Area 27B, and Area 29B. The site locations are indicated in Exhibit A (attached). The named and described areas are within designated Community Development Rehabilitation and Redevelopment Areas. Plans for each of the said areas are set forth in a specific Urban Renewal Plan which includes the objectives, land -use, techniques for carrying out each plan, procedures for changing any plan, property rehabilitation standards, specific restrictions, boundary descriptions, and acquisition maps, all adopted by the City Council in accordance with law, all of which are on file in the Office of the City Secretary and the Office of the Executive Director of the Urban Renewal Agency and to all of which reference is here made and by reference made a part hereof for all particulars as though fully set out herein. 4. The governing body of the Agency, the Agency's Board of Commissio- ners, shall adopt such policies as may be necessary to guide the Agency in the execution of the obligations and activities authorized by this agreement. Such policies shall be adopted after considera- tion of recommendations made by the Director of Planning of the City and the Executive Director of the Agency. 5. It is understood and hereby agreed that it shall be the responsi- bility of the Agency to implement the Community Development and Housing Plan, under which an Urban Renewal Plan for each of the designated areas has been adopted and to this end the Agency shall be responsible and obligated to do and provide the followig: A. Rehabilitation. All rehabilitation assistance for both residential and commercial structures, if any, including the administration and processing of No -Interest Deferred Payment loans, the supervision and administration of the rehabilitation work in respect thereto, the administration and processing of Section 312 loans, and the supervision and administration of said rehabilitation work in respect thereto, will be performed and carried out by the Agency within the designated areas and throughout the entire ___-1_ 1- - --I- - - � - __ - - - - - - - 3 1___ __ ..-I-_- -1__ - 4: -1-4-L. .427 Further, the Agency, in accorance with an Agreement with the Federal Government and the City of Lubbock, is given the authority to directly approve Section 312 loans and will act under such authority through properly designate Agency officials. The Agency in approving such loans agrees to comply with the policy of the Department of Housing and Urban Develo ment, subject to the availability of funds as determined by that Department, and to comply with the regulations o the Department of Housing and Urban Development effectua Title VI of the Civil Rights Act of 1964 and applicable Executive Orders. B. Relocation. All relocation assistance programs availal to families, individuals and businesses displaced by Community Development activities of the City within the designated areas will be provided by the Agency. Further, the Agency will act as the Central Relocation Agency for the City of Lubbock, providing such technical services to the City as the City deems necessary and desirable in connection with relocation assistance to fan individuals and businesses displaced by governmental acti of the City, within the boundaries of the City, including real estate acquisition by the City. In this connection, the Agency will be reimbursed by the City for its adminiE and other costs in providing such services and technical assistance. The Agency agrees to comply with and will maintain the ap riate HUD -required records proving compliance with the Uniform Relocation Assistance and Real Property Acquisiti Policies Act of 1970, and all applicable regulations, pol and requirements promulgated by the Department of Housing and Urban Development pertaining to the said Act, and the Housing and Community Development Act of 1974 as amended respect to relocation assistance and services provided he C. Real Estate Acquisition. The Agency agrees to acquire by purchase, dedication or eminent domain proceedings such properties within the designated areas set forth in the Community Development Plan for the City as are reasonably necessary to achieve the Urban Renewal objectives within the said areas. Further, the Agency will provide such technical assistanc to the City as the City deems necessary and desirable in connection with real estate acquisition and disposition of properties within the boundaries of the City. In this connection, the Agency will be reimbursed by the City for its administrative and other costs in providing such ser- vices and technical assistance. The Agency agrees to comply with and will maintain the ap priate HUD -required records proving compliance with the Uniform Relocation Assistance and Real Property Acquisiti Policies Act of 1970, and all applicable regulations, pal and requirements promulgated by the Department of Housing and Urban Development pursuant to said Act, and the Housi and Community Development Act of 1974 as amended, in the acquisition of properties pursuant to the Community Devel Plan of the City. D. Public Improvements. The Agency shall make or cause to b(' made such public improvements within the designated Urban I Renewal areas as are set forth in the approved budget, an< amendments thereto. I 6. It is agreed that the City shall pay to the Agency an amount n to exceed one million, eigth hundred twenty-five thousand doll ($1,825,000.00) for the services performed under this agreemen with such payment to be paid upon submission of a request for by the Agency to the Community Development Coordinator. The A will be paid for the costs of rendering and performing the ser herein agreed upon as set forth in the Work Program, Exhibit B (attached). 7. Amendments to the Work Program, Exhibit B, which amount to les than 20% of the total funding of each area authorized by this ment may be made by the Agency with the approval of the City M Any change which singly or cumulatively constitutes a shift of or more in the amount of funds allocated for each area may be by the Agency only after approval by the Agency's Board of Commissioners and by the City Council. _e .lies, rative es th under. iro- n cies I Lg Ipment t rs yment ncy ces ee- ger. 428 jUN, 12 1980 8. The Agency shall furnish the City with any appropriate reports regarding the status of the projects or services being funded under this agreement. Such reports shall contain all the information that may be requested by the City's Community Development Department regarding the performance of the Agency's activities. The City shall advise the Agency as to the form and content of these reports. 9. The Agency, in compliance with Article 12691-3, Section 16(c), V.A.C.S., shall file with the City on or before March 31st of each year a report of its activities for the preceding calendar year. The report shall include a complete financial statement by the Agency setting forth its assets, liabilities, income, and operating expenses as of the end of such calendar year. 10. The City hereby designates the Community Development Coordinator as its single point of contact with the Agency. All reports or other communications relative to this agreement shall be addressed to the Coordinator or to a delegate expressly named by the Coordinator. 11. The Agency shall be deemed at all times to be an independent con- tractor and nothing contained herein shall be construed as creating the relationship of employer and employee between the City and Agency. 12. The City shall have the right of access to Agency records, properties, and offices at any time for the purpose of verifying that the Agency is in compliance with the terms of this agreement. 13. The activities performed by the Urban Renewal Agency with funds provided under this agreement shall be performed within the Com- munity Development target areas. For purposes of determining venue and the law governing this agreement, activities performed under this agreement are performed in the City and County of Lubbock, State of Texas. 14. The City shall not be subject to any of the obligations or lia- bilities of the Agency incurred in the performance of this agreement. The Agency expressly agrees to indemnify and hold harmless the City for any and all liabilities and obligations incurred due to the negligence of the Agency, its employees, officers, agents, subcontractors or agencies, or the negligent acts or omissions, breaches of contract of the Agency or its employees, officers, agents subcontractors or agencies. Notwithstanding the foregoing, no personal liability shall be imposed on the individual officers of the Agency, but the Agency alone. 15. The Agency hereby certifies and assures the City that in the performance of this agreement it will be cognizant of, comply with, and enforce the provisions of the Housing and Community Development Act of 1974, as amended (PL 93-383), and the rules and regulations of the U. S. Department of Housing and Urban Development, as amended, made pursuant thereto, including, but not limited to, those published in Title 24 of the Code of Federal Regulations. The Agency further certifies and assures the City that it will be cognizant of, comply with and enforce where applicable and to the extent required by law all other applicable Federal or State statutes, local ordinances, rules or regulations or department procedures or directives of the U. S. Department of Housing and Urban Development. 16. It is understood and agreed that the Urban Renewal Agency shall not deny benefits to or discriminate against any person on the basis of race, color, religion, age, sex or national origin in the performance of any activities funded under this agreement. 17. This agreement may be terminated by any one of the following: A. If through any cause the Agency shall fail to fulfill in timely and proper manner its obligations under this agreement or if the Agency shall violate any of the covenants, agreements or stipulations of this agreement, the City shall thereupon give written notice of such violations to the Agency. Within twenty (20) days after such notice, the Agency shall inform the City in writing of corrective actions taken. The Agency shall use due diligence to correct any and all violations and in the event the violations are not corrected with a reasonable time under the circumstances the City will give notice to the Agency to appear before the City Council in open session to show cause why this agreement should not be terminated. Upon hearing discussion and argument on the matter, the City Council shall either continue the agree- ment in full force or terminate the agreement. 429 JUN B. This agreement shall at all times be subject to any cor- rective actions taken or directives issued by HUD in relation to the City, and the Agency shall comply with a such communications received by City from HUD, including termination of this agreement. 18. Any notice or notices required or permitted to be given pursuant to this agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the following: Community Development Coordinator, City of Lubbock; Executive Director, Urban Renewal Agency of the City of Lubbock. 19. The Agency represents that it has or will secure at it own 11 expense all personnel required in performing the servi:esunde I this agreement. Such personnel shall not be employee f r �Ive s 0 0 I any contractual relationship with the City. All personnel ha ng financial management or the management of money as a part of t ieir duties and who perform services under this agreement shall be )and No person who is serving a sentence in a penal or correctional institution shall be employed or work under this agreement. I 20. The Agency agrees to comply with Section 3 of the Housing and Urban Development Act of 1968 as amended, 12 USC 1701u, and Section 202 of Executive Order 11246, a copy of each such sections bei g attached hereto, marked Part II -Terms and Conditions (pages 2 through 5), and by reference made a part hereof for all particulars as though fully set out herein. 21. None of the services covered by this agreement shall be subcontracted without the prior written consent of the City. The Agency sha-1 be fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectlr employed by it. 22. The Agency shall not assign any interest in this agreement and shall not transfer any interest in the same whether by assignm or novation without the prior written approval of the City; pr vided however that claims for money due or to become due to th Agency from the City under this agreement may be assigned to a bank, trust compmany or other financial institution or to a trustee in bankruptcy without such approval. Notice of such assignment or transfer shall be furnished to the City immediat 23. No members of the City Council of the City and no other office' employee or agent of the City who exercises any functions or responsibilities in connection with the carrying out of the pr ject to which this agreement pertains shall have any personal interest, direct or indirect, in this agreement or the proceed thereof. 24. No member of the City Council of the City of Lubbock and no otl public official of the locality who exercises any functions or responsibilities in the review and approval of the carrying ou of the project to which this agreement pertains shall have any personal interest, direct or indirectin this agreement or the proceeds thereof. 25. No member of or delegate to the Congress of the United States no Resident Commissioner shall be admitted to any share or par of this agreement or to any benefit to arise herefrom. tnt ply. 26. The Agency covenants and agrees that it presently has no interest and shall not acquire any interest, direct or indirect, in the above described project area, or any parcels therein, or any ocher interest which would conflict in any manner or degree with the performance of its services hereunder. The Agency further cov nants that in the performance of this agreement no person having any such interest shall be employed. I 27. Regardless of the date of execution hereof, this agreement shall become effective on the lst day of June, 1980 and shall termin to upon completion of the designated projects and activities or a provided in paragraph 17 above, whichever first occurs. I 28. The Agency agrees to be and is hereby bound in the execution Agreement by the requirements and provisions as set forth in Part II - Terms and Conditions, Funding Agreement, Community Development Block Grant Program. this 29. This agreement constitutes and expresses the entire agreement between 430 the parties hereto and shall not be amended or modified except by written instrument signed by both parties. IN WITNESS WHEREOF, the City and the Agency have executed this agreement as of the first day above written. CITY OF LUBBOCK Isl Bill McAlister BILL McALISTER, MAYOR Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED: Isl Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: Isl W. M. McKamie W. M. McKamie, Assistant City Attorney ATTEST: Isl H.O. Alderson H. 0. Alderson, Secretary URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS Isl George H. Nelson CHAIRMAN, BOARD OF COMMISSIONERS "EXHIBIT B" Kel 114 0 AREA 7D (Arnett Benson) $652,840.00 Estimated work program 1. Acquisition 20 parcels 2. Relocation 10 owner -occupants 10 tenants 3. Rehabilitation 25 units 4. Public Works and Site Improvements 3450 LF of 4' wide concrete sidewalk 5. Demolition 20 parcels AREA 17B (Phyllis Wheatley) $328,205.00 Estimated work program 1. Acquisition 11 parcels 2. Relocation 7 owner -occupants 4 tenants 3. Demolition 11 parcels AREA 20B (Meadowbrook Villa) $156,795.00 Estimated work program 1. Acquisition 2 parcels 2. Relocation 1 owner -occupant 1 tenant 3. Rehabilitiation 5 units 4. Public Works and Site Improvements 3510 LF of 4' concrete sidewalk 5. Demolition 2 parcels AREA 25B (Elliston) $133,731.00 Estimated work program 431' MOOMIM, AREA 26D (Bean) $247,404.00 Estimated work program 1. Acquisition 8 parcels 2. Relocation 1 owner -occupant 7 tenants 3. Rehabilitation 7 units 4. Public Works and Site Improvements 2122 LF of 4' concrete sidewalk 5. Demolition 8 parcels AREA 27B (Posey) $191,106.00 Estimated work program 1. Acquisition 8 parcels 2. Relocation 5 owner -occupants 3 tenants 3. Demolition 8 parcels AREA 29B (Stubbs) $114,919.00 Estimated work program 1. Acquisition 5 parcels 2. Relocation 1 owner -occupant 4 tenants 3. Rehabilitation 12 units 4. Demolition 5 parcels PART II - TERMS AND CONDITIONS FUNDING AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Upon execution of the Funding Agreement of which this Part II - Terms and Conditions is a part, the City of Lubbock through its Community Development Department agrees to provide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 1974 (P.L. 93-383) as authorized by the Funding Approval identified therein, subject to the terms and conditions of this Funding Agreement, applicable law, regulations and all other requirements of the Department of Housing and Urban Development (HUD) now or hereafter in effect. The Funding Agreement is effective with respect to such assistance as of the date the Funding Agreement is executed and is subject to the HUD Community Development Block Grant Regulations at 24 CFR Part 570 and the following General Terms and Conditions: 1. Definitions: Except to the extent modified or supplemented by this Funding Agreement, any term defined in Title I of the Housing and Community Development Block Grant Regulations at 24 CFR Part 570, shall have the same meaning when used herein. (a) Agreement means this Funding Agreement, as described above and any amendments or supplements thereto. (b) City means the City of Lubbock, Texas. (c) Grantee means any City Department or Division, the Urban Renewal Agency, or any other department or agency which is designated by the City to receive Community Development Block Grant funds for the purpose of carrying out the Community Development Program. (d) Assurances, when capitalized, means the certifications and assurances submitted with grant applications pursuant to the requirements of 24 CFR Part 570. (e) Assistance provided under this Agreement means the grants and any loans secured by loan guarantees provided under this Agreement. (f) Program means the Community Development program, project, or other activities, including the administration thereof, with respect to which assistance is being provided under this Agree- ment. 2. "Section 3" Compliance in the Provision of Training Employment and Business Opportunities: This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicab rules and orders of HUD issued thereunder prior to the HUD authorization of the Funding Approval. 432 • The Grantee agrees that it shall be bound by, and shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or in pa with assistance provided under this Agreement, the Section 3 clause set forth below: TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND LOWER INCOME PERSONS IN CONNECTION WITH ASSISTED PROJECT. A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12. U.,S.C. 1701U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connec-. tion with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, (published in 38 Federal Register 29220, October 23, 1973), all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will develop and implement an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; and making of a good faith effort, as defined by the regulations, to provide training, employment, and business opportunities re- quired by Section 3 of the Housing and Urban Development Act of 1968. D. The contractor will send to each labor organization or represent- ative of workers with which he has a collective bargaining agree- ment or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. E. The contractor will include this Section 3 clause in every sub- contract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal fin- ancial assistance, take appropriate action pursuant to the sub- contract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Develop- ment, 24 CFR 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. F. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. The Grantee shall provide such copies of 24 CFR Part 135 as may be necessary for t information of parties to contracts required to contain the above Section 3 clause. 3. Flood Disaster Protection: The agreement is subject to the requirements of the Flood Disaster Protection Act 1973 (P.L. 93-234). No portion of the assistance provided under this Agreement is ap- proved for acquisition or construction purposes as defined under Section 3(a) of said A for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation i the national flood insurance program pursuant to Section 201(d) of said Act; and the us of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. 433 JUN Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended 42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 4. Equal Employment Opportunity: (a) Activities and contracts not subject to Executive Order 11246, as amended. In carrying out the program, the Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Grantee shall take affirmative action to insure that applicants for employment are employed, and the employees are treated during their employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting for the provisions of this nondiscrimination clause. The Grantee shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Grantee shall incorporate the foregoing requirements of this paragraph (a) in all of its contracts for program work, except contracts governed by paragraph (b) of this section, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. (b) Contracts subject to Executive Order 11246, as amended. Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD assisted construction contracts. The Grantee shall cause or require to be inserted in full in any nonexempt contract and subcontract for construction work, or modification thereof, as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicu( places available to employees and applicants for employment. (4) The contractor will comply with all provisions to Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the City and by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. is 434 'JUN 12 1.980 (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contra( may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (.7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Departmei may direct as a means of enforcing such provisions, including sanctions for noncomplian( provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. The Grantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; provided, that if the Grantee so participating is a State of local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Grantee agrees that it will assist and cooperate actively with the City, HUD, and the Secretary of Labor in obtaining the compliance of contractors and subcontractor; with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish the City, HUD, and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist the City and HUD in the discharge of HUD's primary responsibility for securing compliance. The Grantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government con- tracts and federally assisted construction contracts pursuant to the executive order an( will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Sub -Part D of the executive order. In addition the Grantee agrees that if it fails or refuses to comply with these undertakings, the City or the Department of Housing and Urban Development may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Grantee under the program with respect to which the failure or refusal occurred until satisfactory assur- ance of future compliance has been received from such Grantee; and refer the case to th Department of Justice for appropriate legal proceedings. I 5. Lead -Based Paint Hazards: The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead -Based Paint regulations, 24 CF Part 35. Any grants or loans made through the Grantee for the rehabilitation of resi- dential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead -based paint -hazards under subpart B of said regulations, and the Grantee shall be responsible for the inspections and certifi- oaten ,-required underw.Section 35.14(f) thereof. 6. Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. In compliance with said regulations, the Grantee shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt trans- action thereunder funded with assistance provided under the Agreement, the following requirements: (1) A stipulation by the contractor of subcontractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements of Section 1 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Wate Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activit'es, EPA, indicating that a facility utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 435 MUSIM In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c) (1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act. 7. Federal Labor Standards Provisions: Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Grantee and all contractors engaged under contracts in excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wages rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for contracts in excess of $10,000, 29 CFR 5a.3. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 8. Nondiscrimination Under Title VI of the Civil Rights Act of 191 I This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part I. In the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discriminat upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the City and the United States are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 9. Obligations of Grantee with Respect to Certain Third Party Rel4tionships: The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under lawful requirements of the City necessary to insure that the program with respect to which assistance is being provided under this Agreement to the Grantee is carried out in accordance with the City's Assurances and certificates including those with respect to the assumption of environmental responsibilities of the City under Section 104(h) of the Housing and Community Development Act of 1974. 10. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 11. Interest of Members, Officers, or Employees of City, Members of Local Governing Body, or Other Public Officials: I No member, officer, or employee of the City, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his tenure or for one year thereafter; shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connecton with the program assisted under the Agreement. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 12. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974 or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 80-39-436-628 Resolution No. 515 (17) A resolution authorizing the Mayor to execute a contract for acquisition and relocation services with the Urban Renewal Agency of Lubbock. The 1980-81 CDBG includes two major acquisitions: South Overton Park and the Emergency Shelter for Battered Persons. The proposed park is located on 14th Street between Avenue U and Avenue T; the property for the Emergency Shelter is located at 2017 7th Street. This agreement reimburses the Urban Renewal Agency for expenses related to the acquisition and relocation activities and is in the sum of $16,678. The Urban Renewal Board will consider this contract at their June 17 meeting. Action today is subject to the positive action of the Urban Renewal Board. RESOLUTION NO. 515 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR ACQUISITION AND RELOCATION SERVICES BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK. WHEREAS, the City may acquire certain property pursuant to the expanding needs of the Community for additional Park and Recreational and other community facilities; and WHEREAS, the City is to acquire certain additional lands for park facilities and open space in the vicinity south of Carroll Thompson Junior High School, and property in the Overton Addition for a community facility in Lubbock, Texas and desires to have the Agency perform certain functions with respect to the acquisition of such lands and in the administration of the relocation activities necessary upon acquisition thereof; and WHEREAS, the Agency desires to perform the functions for the City with respect to obtaining appraisals of certain parcels, acquisition of such lands and the relocation activities anticipated to be necessary upon acquisition thereof; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for acquisiton and relocation services between the City of Lubbock and the Urban Renewal Agency of the City of Lubbock, 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.12th day of ATTEST: June , 1980. Isl Bill McAlister BILL McALISTER, MAYOR Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: Isl W. M. McKamie W. M. McKamie, Assistant City Attorney 437 CONTRACT FOR ACQUISITION AND RELOCATION SERVICES BETWEEN THE CITY OF LUBBOCK AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS Contract is entered into on this 12th day of June 1980 by and between the CITY OF LUBBOCK, a home rule municipal corporation, hereinafter called "CITY", and the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, hereinafter called "AGENCY". WITNESSETH: WHEREAS, the CITY may acquire certain property pursuant to the expanding needs of the Community for additional Park and Recreational and other community facilities; and WHEREAS, the CITY is to acquire certain additional lands for park facilities and open space in the vicinity south of Carroll Thompson Junior High School, and property in the Overton Addition for a community facility in Lubbock, Texas and desires to have the AGENCY perform certain functions with respect to the acquisition of such lands and'in the administration of the relocation activities necessary upon acquisition thereof; and WHEREAS, the AGENCY desires to perform the functions for the CITY with respect to obtaining appraisals of certain parcels, acquisition of such lands and the relocation activities anticipated to be necessary upon acquisition thereof. NOW, THEREFORE, the CITY and the AGENCY do hereby agree as follows: 1. The AGENCY shall furnish certain services with respect to the acquisition of certain parcels of land on behalf of the CITY. Pursuant to the Community Development Block Grant Program, the said parcels being described in Exhibit A of this contract. All of the said properties are located within the City of Lubbock. 2. The AGENCY will provide the following services with respect to the acquisition of said parcels: A. The AGENCY shall obtain and present to the CITY appraisal for the respective parcels of land to be acquired under this Contract. The CITY shall determine the fair market value of each parcel of land based on a review of such appraisals, and AGENCY will meet personally with each owner of respective parcels of land and present to such owner a written offer based on such established fair market value. B. The AGENCY will deliver the written offer to purchase th property to the owner (based upon the CITY'S review of appraisal and established fair market value) together wi a summary statement of the basis of the offer, prepared accordance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, hereinafter called the C. The AGENCY'S negotiator will explain to each owner the policies and requirements of the CITY with respect to t acquisition of the parcels of real property to be acqui as set forth in this contract. ACT". D. The AGENCY will discuss the offer to purchase with the rI Respec- tive owners of the parcels of real property, including 1� information contained in the summary statement of the ba S of the offer, and all other terms and conditions of the:)tion to see which will be presented to the respective owneraereof. E. The AGENCY will provide the owners of the respective par als of property every reasonable opportunity to present evid -ice E which the owner believes to be relevant to the question value and which may be suggested in the terms and conditli ns in the option as may be necessary and desirable, and AGE �Y shall report any proposed modification to CITY. I F. The AGENCY will contact all parties to obtain releases o liens or any other instruments which the CITY deems nece�Lary for the purpose of securing fee simple title to all of t Ie parcels to be acquired under this Contract. I W. JUN 12 1980 G. The AGENCY will provide such services with respect to the coor- dination of the all appraisal activities, including the appraiser and review appraiser, as may be necessary and as requested by the CITY. 3. The AGENCY will provide relocation services with respect to the owners or tenants of the parcels of real property which are to be acquired by the CITY, in accordance with the Act, which will include: A. Notification to owners, tenants or any other person of relocation assistance that is available under the terms of the Act. B. Provide counseling services as necessary to the displaced owners, tenants or any other person who is entitled to relocation assistance under the Act. C. Prepare all necessary claim forms, notices, or any other papers or documents as may be required by the Act and deliver 11 such to the appropriate parties. 4. The AGENCY agrees to maintain such records as may be required by the Act, which is understood to govern the procedures employed in the acquisition of such parcels of real property for the purposes set forth herein. Upon completion of all services to be performed under this contract, including the hereinabove specified relocation services for each parcel, the AGENCY will not maintain any permanent records with respect to the parcels of real estate to be acquired under this contract after the completion of such services as are specified to be performed by the AGENCY herein. 5. The AGENCY agrees to provide such appraisals and appraisal reviews of the properties to be acquired for such project, in accordance with the Act. The costs of such appraisals and appraisal reviews shall be borne by the AGENCY. 6. The CITY will, based upon the appraisals and review appraisal of each parcel, establish the fair market value of each parcel, and pursuant to the establishment thereof, the AGENCY shall make all certifications relating thereto as required by the Act. 7. The CITY will provide all legal services, surveys, certificates, or other instruments necessary for the acquisition and relocation with respect to the parcels of land as set forth in this contract. 8. The CITY retains the right to make all final decisions with respect to the establishment of fair market value, or any other decision relating to the eligibility of persons for the receipt of relocation assistance, insofar as the CITY is vested with discretion in such matters, or with respect to any other decision or approval that may become necessary in the acquisition of the properties which are the subject of this Contract. 9. The AGENCY will be responsible for the management of properties acquired hereunder after acquisition of the parcels set forth herein until such time as all relocation of the occupants has taken place. 10. The CITY will be reponsible for all structures, foundations, fences, etc., and for any site preparation of the said described parcels. 11. The CITY will make all payments and disbursements with respect to acquisition payments or relocation payments, or any other payments which may become due by virtue of the acquisition of the described parcels for such project. 12. The CITY will be responsible for any eviction or condemnation proceedings that may become necessary and the AGENCY will not institute or take part in any such proceedings except that such AGENCY personnel providing the services as are specified herein to the CITY will be available to testify in Court if needed. 13. The CITY shall reimburse the AGENCY for the services of the AGENCY as are set forth herein, based upon an actual hourly time cost of the personnel of the AGENCY involved in providing the services and the actual cost of reim- bursable items including travel, office expense, and appraisal services, and the AGENCY shall provide the CITY an itemized bill at such time as the apprai- sals, acquisition and relocation services for any particular parcel are com- pleted, with the maximum compensation to be due the AGENCY for all services to be performed and actual expenses incurred and provided hereunder by the AGENCY to be SIXTEEN THOUSAND SIX HUNDRED SEVENTY-EIGHT DOLLARS ($16,678.00). 14. The AGENCY agrees and is hereby bound in the execution of this contract by the requirements and provisions as set forth in Part II: Terms and Conditions, attached hereto and by reference made a part hereof for all particulars as though fully set out herein. 15. This contract shall terminate upon the completion by the parties and satisfaction of all terms and provisions provided hereunder. 439 16. This contract constitutes and expresses the entire agreement between the parties hereto and shall not be amended or modified except by written instrument signed by both parties. IN WITNESS WHEREOF, the CITY and AGENCY have executed this Contrac as of the first date above written. CITY OF LUBBOCK /s/ Bill.McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED: /s/ Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: Isl W. M. McKamie W. M. McKamie, Assistant City Attorney URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS Isl George H. Nelson George Nelson, Chairman ATTEST: Isl H. 0. Alderson H. 0. Alderson, Secretary EXHIBIT A SOUTH OVERTON PARK PARCEL NUMBER 67440-44-7 67440-44-9 COMMUNITY FACILITY (EMERGENCY SHELTER) DESCRIPTION Block 44, Lot 7, Overton Addition Block 44, Lot 9, Overton Addition DESCRIPTION 2017 7th Street Block 37, Lot 9 East half of 10, Overton Addition Acquisition of this parcel shall be subject to prior approval of appropriate zone change to A-2 zoning. I PART II - TERMS AND CONDITIONS FUNDING AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Upon execution of the Funding Agreement of which this Part II - Terms and Conditions is a part, the City of Lubbock through its Community Development Department agrees to provide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 1974 (P.L. 93-383) as authorized by the Funding Approval identified therein, subject to the terms and conditions of this Funding Agreement, applicable law, regulations and all other requirements of the Department of Housing and Urban Development (HUD) now or hereafter in effect. The Funding Agreement is effective with respect to such assistance as of the date the Funding Agreement is executed and is subject to the HUD Community Development Block Grant Regulations at 24 CFR Part 570 and the following General Terms 440 1. Definitions: Except to the extent modified or supplemented by this Funding Agreement, any term defined in Title I of the Housing and Community Development Block Grant Regulations at 24 CFR Part 570, shall have the same meaning when used herein. (a) Agreement means this Funding Agreement, as described above and any amendments or supplements thereto. (b) City means the City of Lubbock, Texas. (c) Grantee means any City Department or Division, the Urban Renewal Agency, or any other department or agency which is designated by the City to receive Community Development Block Grant funds for the purpose of carrying out the Community Development Program. (d) Assurances, when capitalized, means the certifications and assurances submitted with grant applications pursuant to the requirements of 24 CFR Part 570. (e) Assistance provided under this Agreement means the grants and any loans secured by loan guarantees provided under this Agreement. (f) Program means the Community Development program,, project, or other activities, including the administration thereof, with respect to which assistance is being provided under this Agree- ment. 2. "Section 3" Compliance in the Provision of Training Employment and Business Opportunities: This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the Funding Approval. The Grantee agrees that it shall be bound by, and shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or in part with assistance provided under this Agreement, the Section 3 clause set forth below: TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND LOWER INCOME PERSONS IN CONNECTION WITH ASSISTED PROJECT. A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12. U.S.C. 1701U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connec- tion with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, (published in 38 Federal Register 29220, October 23, 1973), all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will develop and implement an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; and making of a good faith effort, as defined by the regulations, to provide training, employment, and business opportunities re- quired by Section 3 of the Housing and Urban Development Act of 1968. D. The contractor will send to each labor organization or represent- ative of workers with which he has a collective bargaining agree- ment or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. E. The contractor will include this Section 3 clause in every sub- contract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal fin- ancial assistance, take appropriate action pursuant to the sub- contract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Develop- ment, 24 CFR 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has bepn folinri in %74nl nt-4n_ —4: -4--_ _A_ I/ 441 F. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of t he Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contract( and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specif-. by 24 CFR 135. The Grantee shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts required to contain the above Section 3 clause. 3. Flood Disaster Protection: The agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this Agreement is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended 42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 4. Equal Employment Opportunity: 6t (a) Activities and contracts not subject to Executive Order 11246, as amended. In carrying out the program, the Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Grantee shall take affirmative action to insure that applicants for employment are employed, and the employees are treated during their employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting for the provisions of this nondiscriminatil clause. The Grantee shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Grantee shall incorporate the foregoing requirements of this paragraph (a) in all of its contracts for program work, except contracts governed by paragraph (b) of this section, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. (b) Contracts subject to Executive Order 11246, as amended. Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD assisted construction contracts. The Grantee shall cause or require to be inserted in full in any nonexempt contract and subcontract for construction work, or modification thereof, as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicant! are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; 49 442 'JUN _7 f; 1980 layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers wit1 which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 77 (4) The contractor will comply with all provisions to Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary L of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the City and by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this cont�._ ract may be canceled, terminated or suspended in whole or in part and the contractor ma be declared ineligible for further Government contracts or federally assisted construct of contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Depart- ment may direct as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in the event a contractor becomes involved in, or i threatened with, litigation with a subcontractor or vendor as a result of such directio by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. The Grantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; provided, that if the Grantee so participating is a State ol local government, the above equal opportunity clause is not applicable to any agency,, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Grantee agress that it will assist and cooperate actively with the City, HUD, and the Secretary of Labor in obtaining the compliance of contractors and subcontractor with the equal opportunity clause and the rules, regulations, and relevant orders of th Secretary of Labor; that it will furnish the City, HUD, and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it wil otherwise assist the City and HUD in the discharge of HUD's primary responsibility for securing compliance. The Grantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government , contracts and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Sub -Part D of the executive order. In addition the Grantee agrees that if it fails or refuses to comply with these undertakings, the City or the Department of Housing and Urban Development may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Grantee under the progrl with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Grantee; and refer the case to the Depart ment of Justice for appropriate legal proceedings. 5. Lead -Based Paint Hazards: The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead -Based Paint regulations, 24 CF1 Part 35. Any grants or loans made through the Grantee for the rehabilitation of resi- dential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead -based paint -hazards under subpart B of said regulations, and the Grantee shall be responsible for the inspections and certific tes required under Section 35.14(f) thereof. 443 JUST 121986 6. Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. In compliance with said regulations, the Grantee shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt transaction thereunder funded with assistance provided under the Agreement, the following requirements: (1) A stipulation by the contractor of subcontractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all the requirement of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraphs (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the Government may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c) (1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act. 7. Federal Labor Standards Provisions: Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Grantee and all contractors engaged under contracts in excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of apprnctices and trainees to journeymen; provided, that if wages rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requiremen of 29 CFR 5.5 and, for contracts in excess of $10,000, 29 CFR 5a.3. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 8. Nondiscrimination Under Title VI of the Civil is Act of 19 This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part I. In the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the City and the United States are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. .s DOW 444 80-39-444-629 (18) 80-39-444-630 (19) 80-39-444-631 (20) 80-39-444-632 (21) 80-39-444-633 (22) 9. Obligations of Grantee with Respect to Certain Third Party Relationships: The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under lawful requirements of the City necessary to insure that the program with respect to which assistance is being provided under this Agreement to the Grantee is carried out in accordance with the City's Assurances and certificate including those with respect to the assumption of environmental responsibilities of the City under Section 104(h) of the Housing and Community Development Act of 1974. 10. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 11. Interest of Members,_ Officers, or Employees of City, Members of Local Governing Body, or Other Public Officials: No member, officer, or employee of the City, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his tenure or for one year thereafter; shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connecton with the program assisted under the Agreement. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 12. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974 or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Resolution 514 authorizing the City to enter into a funding agreement for revitaliza activities with the Urban Renewal Agency, and to pass Resolution 515 authorizing the City to enter into a contract for acquisition and relocation services with the Urban Renewal Agency. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Consider resolutions authorizing the acquisition of land for the purpose of .parkland in the Yellowhouse Canyon Lakes Project; and authorizing condemnation proceedings as required. izing institution of The following properties are located on the north rim of Lake 6 in an area east of Quirt Avenue and south of 19th Street. The parcels will be acquired, the residences relocated and the structures demolished. The comments of the Council members were that the acquisitions will be an asset to this part of the Canyon Lake development. Resolution Agenda Parcel No. No. No. 516 517 518 519 520 18 172090-0-850 19 99600-95-25 20 99600-95-50 21 99600-95-75 22 99600-95-100 Review Fair Market Owner Appraisal Appraisal Value Raymond Puckett $9,600 Allretta $4,750 Lockland (Est.) R. C. Strong G. E. Williams Annie Hall Estate 80-39-444-634 521 23 99600-95-100A Annie David & (23) $6,450 $2,800 $3,000 $ 750 $9,800 $5,050 $6,600 $2,800 $3,100 $5,050 $6,600 $2,800 $3,100 445 � ASS 80-39-445-635 (24) 80-39-445-636 (25) 80-39-445-637 (26) 80-39-445-638 (27) 80-39-445-639 (28) 80-39-445-640 (29) 80-39-445-641 (30) Resolution Agenda .Parcel Review Fair Market No. No. No. Owner A ppraisal Appraisal Value 522 24 99600-95-125 Marcelano DeLeon $4,600 $4,900 $4,900 523 25 99600-95-175 Sylvester $ 800 $ 800 $ 800 Robinson 524 26 99600-95-225 F.A. Ussery $4,500 $4,850 $4,850 525 27 99600-895-270 Fred Fluewellen $2,350 $2,350 $2,350 526 28 99600-895-290 Mary McCullough $4,200 $4,200 $4,200 527 29 99600-895-300 L.H. Mitchell $7,000 $7,050 $7,050 528 30 99600-895-350 Faith First $1,200 $1,200 $1,200 Baptist Church All the above appraisals were handled by Jimmy Goddard, and reviewed by Harold Kelly. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Resolutions 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527 and 528, as stated above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 516 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that a certain parcel of land located in the vicinity of Lake 6 in the Yellowhouse Canyon Lakes Project within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has contracted with the City of Lubbock to provide funds through the Community Development Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, owned by Raymond Puckett; and, WHEREAS, the City Council has caused two appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised, and the City Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a public park the fee simple title to the land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Parcel No. 72090-0850: (See attached Legal description) Purchased Price - $9,800.00 (Nine Thousand Eight Hundred and NO/li Dollars) 446 MEW, THAT the owner, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair market value and total damages, if any, for fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, being the amount hereinabove stated, and that unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove described, for public park purposes. Passed by the City Council this _12th day of —June 1980. /s/ Bill McAlister ATTEST: BILL McALISTER, MAYOR /s/ Evelyn GaffRa Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Vicki Foster Vicki Foster, CommunityDevelopmentCoordinator APPROVED AS TO FORM: Isl W. M. McKamie W. K. —McKamie, Assistant City —Attorney *NOTE: Acquisition Appraisal Review and Appraisal Report for the City of Lubbock are attached to the original Resolution No. 516. RESOLUTION NO. 517 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that a certain parcel of land located in the vicinity of Lake 6 in the Yellowhouse Canyon Lakes Project within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has contracted with the City of Lubbock to provide funds through the Community Development Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, owned by Allretta Locklin (Estate); and, WHEREAS, the City Council has caused two appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised, and the City Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a public park the fee simple title to the land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Parcel No. 99600-95-25: (See attached Legal description) Purchased Price - $5,050.00 (Five Thousand Fifty and N01100 Dollars) THAT the owner, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair market value and total damages, if any, for fee simple title and 447 acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, being the amount hereinabove stated, and that unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove described, for public park purposes. Passed by the City Council this ATTEST: 12th day of June , 1980. /s/ Bill McAlister BILL McALISTER, MAYOR Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: /s/ W. M. McKamie W. M. McKamie, Assistant City Attorney *NOTE: Acquisition Appraisal Review and Appraisal Report for the City of Lubbock are to the original Resolution No. 517. RESOLUTION NO. 518 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF L� THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that a certain parcel of land located in the vicinity of Lake 6 in the Yellowhouse Canyon Lakes Project within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has contracted with the City of Lubbock to provide funds through the Community Development Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, owned by R. C. Strong; and, WHEREAS, the City Council has caused two appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised, and the City Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a public park the fee simple title to the land lying and being situated in Lubbock County, Texas, and described as follows, to - wit: Parcel No. 99600-95-50: (See attached Legal description) Purchased Price - $6,600.00 (Six Thousand Six Hundred and No/100 Dollars) THAT the owner, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair market value and total WM 448 maim damages, if any, for fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, being the amount hereinabove stated, and that unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove described, for public park purposes. Passed by the City Council this 12th day of June , 1980. ATTEST: /s/ Bill McAlister BILL McALISTER, MAYOR Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Vicki Foster Vicki Foster, community Development Coordinator APPROVED AS TO FORM: /s/ W. M. McKamie W. M. McKamie, Assistant City Attorney *NOTE: Acquisition Appraisal Review and Appraisal Report for the City of Lubbock are attached to the original Resolution No. 518. RESOLUTION NO. 519 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that a certain parcel of land located in the vicinity of Lake 6 in the Yellowhouse Canyon Lakes Project within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has contracted with the City of Lubbock to provide funds through the Community Development Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, owned by G. E. Williams; and, WHEREAS, the City Council has caused two appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised, and the City Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a public park the fee simple title to the land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Parcel No. 99600-95-75: (See attached Legal description) Purchased Price - $2,800.00 (Two Thousand Eight Hundred and No/100 Dollars) THAT the owner, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair market value and total damages, if any, for fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, being the amount hereinabove stated, and that unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove described, for public park purposes. Passed by the City Council this 12th day of June 1 1980. Isl Bill McAlister ATTEST: BILL McALISTER, MAYOR /s/ EvelynGaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Vicki Foster Vicki Foster, Community DevelopmentCoordinator APPROVED AS TO FORM: Is/ W. M. McKamie 449 JUN RESOLUTION NO. 520 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that a certain parcel of land located in the vicinity of Lake 6 in the Yellowhouse Canyon Lakes Project within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has contracted with the City of Lubbock to provide funds through the Community Development Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, owned by Annie Hall (Estate); and, WHEREAS, the City Council has caused two appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised, and the City Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the city of Lubbock acquire for the purposes of developing a public park the fee simple title to the land lying and being situated in Lubbock County, Texas, and described as follows, to - wit: Parcel No. 99600-95-100: (See attached Legaldescription) Purchased Price - $3,100.00 (Three Thousand One Hundred and No/100 Dollars) THAT the owner, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock Texas, the amount established as the fair market value and total damages, if any, for fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, being the amount hereinabove stated, and that unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove described, for public park purposes. Passed by the City Council this _12th day of June -1 1980. Is/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn.Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: /s/ W. M. McKamie W. M. McKamie *NOTE: Acquisition Appraisal Review and Appraisal for the City of Lubbock are attached to the original Resolution No. 520. 450 RESOLUTION NO. 521 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT; AUTHORIZINC THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that a certain parcel of land located in the vicinity of Lake 6 in the Yellowhouse Canyon Lakes Project within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has contracted with the City of Lubbock to provide funds through the Community Development Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, owned by Annie,Davis and Henry L. Davis; and, WHEREAS, the City Council has caused two appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised, and the City Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a public park the fee simple title to the land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Parcel No. 99600I:!!95,=1OOA11 (See attached Legal description) Purchased Price - $800.00 (Eight Hundred and No/100 Dollars) THAT the owner, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair market value and total damages, if any, for fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, being the amount hereinabove stated, and that unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove described, for public park purposes. Passed by the City Council this 12th day of June —, 1980. /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn GaffFa Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Vickie Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: /s/ W. M. McKamie W. M. McKatie *NOTE: Acquisition Appraisal Review and Appraisal Report for the City of Lubbock are attached to the original Resolution No. 521. 451 RESOLUTION NO. 522 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that a certain parcel of land located in the vicinity of Lake 6 in the Yellowhouse Canyon Lakes Project within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has contracted with the City of Lubbock to provide funds through the Community Development Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, owned by Marcelano DeLeon; and, WHEREAS, the City Council has caused two appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised, and the City Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a public park the fee simple title to the land lying and being situated in Lubbock County, Texas, and described as follows, to - wit: Parcel No. 99600-95-125: (See attached Legal description) Purchased Price - $4,900.00 (Four Thousand Nine Hundred and No/100 Dollars) THAT the owner, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair market value and total damages, if any, for fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, being the amount hereinabove stated, and that unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove described, for public park purposes. Passed by the City Council this 12th day of June -, 1980. is/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Vicki Foster Vicki Foster, Community Development Coordinator /s/ W. M. McKamie W. M. McKamie *NOTE: Acquisition Appraisal Review and Appraisal Report for the City of Lubbock are filed with the original Resolution No. 522. 452 WMM:pc RESOLUTION NO. 523 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that a certain parcel of land located in the vicinity of Lake 6 in the Yellowhouse Canyon Lakes Project within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has contracted with the City of Lubbock to provide funds through the Community Development Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, owned by Sylvester Robinson; and, WHEREAS, the City Council has caused two appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised, and the City Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a public park the fee simple title to the land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Parcel No. 99600-95-175: (See attached Legal description) Purchased Price - $800.00 (Eight Hundred and No/100 Dollars) THAT the owner, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair market value and total damages, if any, for fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, being the amount hereinabove stated, and that unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove described, for public park purposes. Passed by the City Council this 12th day of June , 1980. /s/ Bill McAlister BILL McALISTER, MAYOR ATTESTt /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENTt /s/ Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: /s/ W. M. McKamie W. M. McKamie *NOTE: Acquisition Appraisal Review and Appraisal Report for the City of Lubbock are attached to the original Resolution No. 523. 453 RESOLUTION NO. 524 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that a certain parcel of land located in the vicinity of Lake 6 in the Yellowhouse Canyon Lakes Project within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has contracted with the City of Lubbock to provide funds through the Community Development Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, owned by F. A. Ussery; and, WHEREAS, the City Council has caused two appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised, and the City Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a public park the fee simple title to the land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Parcel No. 99600-95-225: (See attached Legal description) Purchased Price - $4,850.00 (Four Thousand Eight Hundred Fifty and No/100 Dollars) THAT the owner, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair market value and total damages, if any, for fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, being the amount hereinabove stated, and that unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove described, for public park purposes. Passed by the City Council this 12th day of June , 1980. /s/ Bill McAlister BILL McALISTER, MAYOR ATTESTi /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: /s/ W. M. McKamie W. M. McKamie *NOTE: Acquisition Appraisal Review and Appraisal Report for the City of Lubbock are attached to the original Resolution No. 524. ewe. 454 RESOLUTION NO. 525 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE.YELLOWHOUSE CANYON LAKES PROJECT; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that a certain parcel of land located in the vicinity of Lake 6 in the Yellowhouse Canyon Lakes Project within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has contracted with the City of Lubbock to provide funds through the Community Development Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, owned by Fred Flewellen; and, WHEREAS, the City Council has caused two appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised, and the City Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a public park the fee simple title to the land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Parcel No. 99600-895-270: (See attached Legal description) Purchased Price - $2,350.00 (Two Thousand Three Hundred Fifty and No/100 Dollars) THAT the owner, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair market value and total damages, if any, for fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, being the amount hereinabove stated, and that unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove described, for public park purposes. Passed by the City Council this 12th day of June , 1980. /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: /s/ W. M. McKamie W. M. McKamie *NOTE: Acquisition Appraisal Review and Appraisal Report for the City of Lubbock are attached to the original Resolution No. 525. 455 RESOLUTION NO. 526 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that a certain parcel of land located in the vicinity of Lake 6 in the Yellowhouse Canyon Lakes Project within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has contracted with the City of Lubbock to provide funds through the Community Development Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, owned by Mary McCullough; and, WHEREAS, the City Council has caused two appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised, and the City Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a public park the fee simple title to the land lying and being situated in Lubbock County, Texas, and described as follows, to - wit: Parcel No. 99600-895-290: (See attached Legal description) Purchased Price - $4,200.00 (Four Thousand Two Hundred and No/100 Dollars) THAT the owner, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair market value and total damages, if any, for fee simple title and acquisition of said land for the purposes herein stated, for,the use and benefit of the City of Lubbock, being the amount hereinabove stated, and that unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove described, for public park purposes. Passed by the City Council this.12th day of June , 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: /s/ W. M. McKamie W. M. McKamie *NOTE: Acquisition Appraisal Review and Appraisal Report for -,the City of Lubbock are attached to the original Resolution No. 526. 456 Igo= RESOLUTION NO. 527 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that a certain parcel of land located in the vicinity of Lake 6 in the Yellowhouse Canyon Lakes Project within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has contracted with the City of Lubbock to provide funds through the Community Development Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, owned by L. H. Mitchell; and, WHEREAS, the City Council has caused two appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised, and the City Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a public park the fee simple title to the land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Parcel No. 99600-895-300: (See attached Legal description) Purchased Price - $7,050.00 (Seven Thousand Fifty and No/100 Dollars) THAT the owner, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair market value and total damages, if any, for fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, being the amount hereinabove stated, and that unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove described, for public park purposes. Passed by the City Council this _12th day of June —, 1980. /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga,...., Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: Isl W. M. McKamie W. M. McKamie *NOTE: Acquisition Appraisal Review and Appraisal Report for the City of Lubbock are attached to the original Resolution No. 527. 457 RESOLUTION NO. 528 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that a certain parcel of land located in the vicinity of Lake 6 in the Yellowhouse Canyon Lakes Project within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has contracted with the City of Lubbock to provide funds through the Community Development Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, owned by Faith First Baptist Church; and, WHEREAS, the City Council has caused two appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised, and the City Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a public park the fee simple title to the land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Parcel No. 99600-895-350: (See attached Legal description) Purchased Price - $1,200.00 (One Thousand Two Hundred and No/100 Dollars) THAT the owner, and all others whose interests may appear, be offel through the Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair market value and total damages, if any, for fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, being the amount hereinabove stated, and that unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove described, for public park purposes. Passed by the City Council this 12th day of June , 1980. ATTEST: /s/ Bill McAlister BILL McALISTER, MAYOR Isl Evelyn Gaff&a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: Isl W. M. McKamie W. M. McKamie, Assistant City Attorney *NOTE: Acquisition Appraisal Review and Appraisal Report for the City of Lubbock are attached to the original Resolution No, 528. M., masm 80-39-458-642 Ordinance No. 8058 (31) An amendment to the Building Code changing provisions for bonding of contractors. At the February 14, 1980, City Council Meeting, the Uniform Building Code was adopted (Ordinance No. 7999), in which a revision was made requiring all contractors to build structures exactly in keeping with the set of plans submitted by the architect, even if the structure was in excess of what the Building Code requires. This places a burden on the local surety and bonding companies resulting in hesitancy in bonding contractors. This type of requirement is something that the architect should provide in his role over the construction. It is the staff's recommendation that the wording requesting the bonding require- ments as stated in Ordinance No. 7999 be deleted, and the wording with respect to the bonding requirements as stated in the previous Code (1976 Edition, Ordinance No. 7549, 10-27-77) be reinserted, whereby the former bonding form be utilized. Following the presentation, Mayor Pro Tem Henry requested permission to abstain. Discussion then ensued as to the action the surety companies should take during the interim period for the reason that the proposed ordinance will require second reading (June 26), followed by a 10-day period before the effective date is implemente The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 8058 on first reading, whereby the wording of the old bond form is implemented, as recommended by the staff and the Board of Examiners and Appeal; that between the first reading and the effective date of this ordinance, to accept the "old" bond form. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem, Henry abstaining. SMT:bs ORDINANCE NO. 8058 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BEING THE BUILDING CODE, BY CHANGING THE CONTRACTOR'S BOND FORM, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39-458-643 Resolution No. 529 (32) A resolution authorizing the Mayor to file an application and execute a contract for a Technical Study Grant for FY 1980-81 under Section 8 provisions of the Urban Mass Transportation act. This is a renewal of a grant that is necessary to fulfill UMTA requirements, and serves as a comprehensive planning tool for the Transit System. The proposed grant is funded by the federal government to the extent of 80% ($32,000), with the City's share of 20% ($8,000). The funds will be used to fund: (1) a Comprehensive Operational Analysis with ATE Management and Services Company, Inc. ($15,000); (2) the maintenance and development of a special efforts program for the elderly and handicapped ($6,250); (3) development and preparation of various planning documents ($5,750); (4) monitoring of data collection, assimilation and analysis of route, schedule, maintenance and management ($9,500); and (5) analysis and development of Transit -Related Energy Contingency Program ($3,500). The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution No. 529, authorizing the Technical Study Grant for 1980-81. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION.,iNO-.'529 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORT ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; WHEREAS, the contract for financil assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as Amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services; and WHEREAS, the City Council has determined that it would be in the best interest to authorize the City of Lubbock to participate with the Urban Mass Transportation Administration of the U.S. Department of Transportation in the update and revision of past Transit Studies, and to apply for assistance for such study from UMTA; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THECITY OF LUBBOCK: SECTION 1. THAT the Mayor is hereby authorized to make application for a Technical Studies Grant from UMTA with the Steering Committee (Metro-politan Planning Organization) of Lubbock Urban Transporation Study, being the designated planning agency; and THAT the Mayor of the City of Lubbock, BE and is hereby authorized and directed to execute an Agreement with the United States of America, acting through the Urban Mass Transportation Administration, in the event the Grant is approved; and THE City of Lubbock does hereby agree to provide matching funds for such Technical Studies which shall be in an amount no to exceed Eight Thousand Dollars ($8,000.00). Such matching funds shall be in cash or in -kind services. UMTA funds will not exceed Thirty -Two Thousand Dollars ($32,000.00) SECTION 2. THAT the Mayor is authorized to execute and file with such application 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. SECTION 3. THAT the Mayor is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application of the project. SECTION 4. THAT the Mayor is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. Passed by the City Council this - 12th day of June 1980. S/ Bill McAllister BILL McALISTER ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl John Wilson John Wilson, Transit Coordinator APPROVED AS TO FORM: Isl Don Vandiver Donald G. Vandiver, First Asst. City Attorney 460 lz� 80-39-460-644 Resolution No. 530 (33) A resolution accepting paving improvements constructed by Kerr Construction Company in Whisperwood Addition, Lots 58-100. The referenced paving improvements are for a new subdivision located at Slide Road and 4th Street; there are no City costs or refunds due the contractor. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 530. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 530 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Whisperwood Addition, Lots 58-100 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 Whisperwood Addition, Lots 58-100 including the following streets: Bates Street from its intersection with the East Lip Line of Troy Avenues to its intersection with a line 7.00 feet East of the East Property Line of the alley East of Troy Avenue known and designated as New Subdivision Sub -Unit Number 26 of Unit Number 2026. Amherst Street from its intersection with the West Lip Line of Troy Avenue to its intersection with a line 7.00 feet West of the West Property Line of the alley West of Troy Avenue known and designated as New Subdivision Sub -Unit Number 27 of Unit Number 2026. Amherst Street from its intersection with the East Lip Line of Troy Avenue to its intersection with a line 7.00 feet East of the East Property Line of the alley East of Troy Avenue known and designated as New Subdivision Sub -Unit Number 28 of Unit Number 2026. First Street from its intersection with the West Lip Line of Troy Avenue to its intersection with a line 7.00 feet West of the West Property Line of the alley west of Troy Avenue known and designated as New Subdivision Sub -Unit Number 29 of Unit Number 2026. Second Street from its intersection with the East Lip Line of Utica Avenue to its intersection with a line 20.74 feet North of the North Property Line of Second Street at Troy Avenue known and designated as New Subdivision Sub -Unit Number 30 of Unit Number 2026. Utica Avenue from its intersection with a line 15.00 feet North of the North Property Line of Third Boulevard to its intersection with a line 15.00 feet North of the North Property Line of Second Street known and designated as New Subdivision Sub -Unit Number 31 of Unit Number 2026. Troy Avenue from its intersection with a line 20.74 feet North of the North Property Line of Second Street to its intersection with the South Lip Line of Loop 289 Access Road known and designated as New Subdivision Sub -Unit Number 32 of Unit Number 2026. Alley Returns along Loop 289 Access Road and drainage channels for Whisperwood Addition, Lots 58-100 known and designated as New Subdivision Sub -Unit Number 33 of Unit Number 2026. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvement: 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. 461 im 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 shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12th day of June, 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Don Jennings Don Jennings, City Engineer ravv��• •• Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Consolidated Final Estimate is attached to original Resolution No. 530. 80-39-461-645 Resolution No. 531 (34) A resolution authorizing a formal offer for Lots 19 and 20, Block 72, Original Town, or in the alternative, authorizing condemnation proceedings, if necessary. The property belongs to Mrs. Eunice C. Mowery and is located at the corner of Avenue H and 8th Street (Lots 19 and 20, Block 72, Original Town), and is needed by the Transit Department for parking area of the new Transit buses and the employees working at the new facility. The offer to Mrs. Mowery is $14,625. Mrs. Mowery has expressed objection to this offer and feels that it is insufficient. RESOLUTION NO. 531 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, health and welfare demands and creates a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the expansion of the municipal public transportation system of the City of Lubbock and the storage, maintenance, service, repair, warehousing, and operation of the facilities and machinery and equipment in connection therewith and improvements to be made to accomplish such uses and purposes, fee simple title to be acquired by said City to accomplish such purposes and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lots 19 and 20, Block 72, Original Town of Lubbock, Lubbock Coun Texas. 462 SECTION 2. THAT the owners of said land including EUNICE C. MOWERY, a femme sole, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $14,625.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes as set forth in the preamble hereof. Passed by the City Council this 12th day of June , 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/'Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Tom Nivens Tom Nivens, Right -of -Way Agent Isl J. Worth Fullingim, J. Worth Fullingim, Assistant City Attorney 80-39-462-646 Resolution No. 532 (35) A resolution authorizing a formal offer for Lot 8, Block 2, May Addition, or in the alternative,, authorizing condemnation proceedings, if necessary. The property is owned by Mr. Clovis Johnston (Lot 8, Block 2, May Addition) and is located at 2615 Avenue K; this land is needed to align the Avenue K and L Streets Improvement Project. The amount is for $1,000 for 235.78 square feet, which is acceptable to Mr. Johnston. JWF/pg RESOLUTION NO. 532 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 for 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: BEGINNING at the Northwest corner of Lot 8, Block 2, May Addition to the City of Lubbock, Texas; THENCE along the West line of Lot 8 and in a Southwesterly direction a distance of 50.7 feet to the Northwest corner of Lot 9, May Addition to the City of Lubbock, Texas; THENCE South 67' 42' 32" East along the South line of Lot 8, a distance of 12.27 feet to a point; THENCE North a distance of 55.0 feet to the POINT OF BEGINNING. 463 SECTION 2. That the owners of said fee simple title including Clovis W. Johnston be offered the sum of $1,000.00 for the purchase of said land. Passed by the City Council this 12th day of June 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary-Treas. 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 80-39-463-647 Resolution No. 533 (36) A resolution authorizing a formal offer fora parcel of land out of Section 7, Block B, or in the alternative, authorizing condemnation proceedings, if necessary. The property is owned by Mr. Jack Dulaney and is located at the northeast corner of 29th Street and Avenue L comprised of 23,522.4 square feet of .54 acres with no construction on it. The property is referred to as 1118 28th Street, and is needed for the Avenue K - L Streets Improvement Project. The offer is in the sum of $16,000, the amount so stipulated by Mr. Dulaney. JWF:pc RESOLUTION NO. 533 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 for 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: A tract of land out of Section 7, Block B, Lubbock County, Texas, being more particularly described as follows: COMMENCING at a point approximately 25.0 feet East from the intersection of the East line of Avenue "L" and the North line of 29th Street to a point on a curve to the right; THENCE along said curve to the right having a radius of 1482.69 feet and being parallel to and 50.0 feet westerly from the centerline of abandoned Fort Worth and Denver Railway Company's Track No. 7 an arc distance of approximately 205 feet to a point in the centerline of alley; THENCE East along said alley centerline a distance of approximately 115 feet to a point on a curve to the left; THENCE along said curve to the left having a radius of 1382.69 feet and being parallel to and 50.0 feet easterly from said centerline of abandoned Track No. 7 an arc distance of approximately 210 feet to a point in the North Line of 29th Street; 464 N•#Z THENCE West along the North line of 29th Street a distance of approximately 110 feet to the POINT OF BEGINNING. SECTION 2. THAT, the owners of said fee simple title including Jack Dulaney be offered the sum of $16,000.00 for the purchase of said land. Passed by the City Council this 12th ATTEST: day of June 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: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolutions 531, 532 and 533, all pertaining to the Avenue K and L Streets Improvement Project. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39-464-648 Consider a resolution authorizing the Mayor to execute an agreement for the (37) provision of vector control services with the County. This item was deleted. 80-39-464-649 Resolution No. 534 (38) A resolution amending the By -Laws of Civic Lubbock, Inc. The proposed by-law amendments are for the purpose of updating terminology and reflecting ordinance changes, name changes, and organizational changes, all of which have been actual practices over the past several years, i.e. the By -Laws referred to the "Auditorium -Coliseum Manager", which is now termed the "Director of the Lubbock Memorial Civic Center". The proposed amendments would provide for a person to act as Secretary in the absence of the Civic Center Director; that the Director of Finance or his appointed representative serve as Treasurer; that the annual meeting would be changed from January to September, or within 30 days after the City Council selects new members to replace those whose terms have expired. The previous by-laws were amended in Ordinance No. 7128, which reduced the term of the Board members from five years to three years; the City Manager or his representative would serve as an ex officio member to the Board along with the Civic Center Director (the Director of Community Facilities is presently the City Manager's representative); and authorizes the subcommittee chairman to constitute an executive committee to handle emergency matters. Councilwoman Baker suggested that the terminology with regard to the last matter be corrected to read "that the President, Vice -President, and Sub -Committee Chairmen constitutes the Executive Committee to handle emergency matters". Additionally, the policy of three unexcused absences constitutes replacement of a Board member was established by the City Council in prior years and is not reflected in the by-laws per se. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Resolution No. 534 amending the by-laws of Civic Lubbock, Inc., with the above referenced correction in Article 17. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:bs RESOLUTION NO. 534 WHEREAS, the Board of Directors of Civic Lubbock, Inc., has voted to amend certain portions of the By -Laws of said corporation, and WHEREAS, changes to these By -Laws shall not become effective nor have any force or effect unless and until such changes have been approved by a written resolution passed by the City Council, and WHEREAS, the City Council has determined that changes indicated below would be in the best interest of the operation of Civic Lubbock, Inc.; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 465 • SECTION 1. THAT Article III of the By -Laws of Civic Lubbock, is hereby amended to read as follows: "The Director of the Lubbock Memorial Civic Center shall be secretary of the Board and shall keep permanent records of the proceedings of the Board and of all director's meetings; in his absence, the Auditorium -Coliseum Director shall be acting secretary. The secretary shall have custod of the seal of the corporation, and shall affix it as direc hereby or by resolution passed by the directors. He shall perform all other duties that usually pertain to the office of secretary or are delegated to him by the Board of Direct SECTION 2. THAT Article IV is hereby amended to read as fo "The treasurer shall be the person acting as Director of Finance of the City of Lubbock, or his appointed representa tive, and shall act as an ex-officio member of the Board of Directors without voting power. He shall have custody of all the moneys and securities of the corporation and shall keep regular books or cause them to be kept by an appropriate person. All moneys of the corporation shall be deposited by him in such depository as shall be selected by the directors. He shall keep the records and books of account of the corporation, and shall make such financial reports as directed by the Board of Directors. All checks of the corporation must be signed by him, or his appointed representative, and the President or Vice President acting in the President's stead. He shall perform all other duties commonly pertaining to the treasurer's office and those delegated to him by the Board of Directors". SECTION 3. THAT Article VII is hereby amended to read as f "There shall be a regular meeting of the directors during the month of September or within thirty (30) days of the appointment by the City Council of new members to replace those members whose terms have expired. The purpose of such regular meeting shall be to elect a President and a Vice -President, which officers shall be members of the Board of Directors for the succeeding year, and to transact such other business as may properly be brought before it." SECTION 4. THAT Article IX is hereby amended to read as foll "The members constituting the CIVIC CENTERS BOARD shall also constitute the Directors of CIVIC LUBBOCK, INC. and suc Board of Directors shall be composed of fifteen (15) members each of whom shall be a resident citizen of the City of Lubbock, and one of whom shall be a representative of Texas Tech University. The Directors of said Board shall be appointed by the City Council and shall hold their office for a term of three (3) years. The terms of office of the present members of the Board of Directors of CIVIC LUBBOCK, INC. shall expire simultaneously with their current terms on the CIVIC CENTERS BOARD. The appointment of the representative of Texas Tech Universi as hereinabove provided for, shall be subject to the approva of the President of the University." SECTION 5. THAT Article X is hereby amended to read as follows: "Upon the death, resignation, removal or expiration of the term of office of any of the directors, the City Council of the City of Lubbock, Texas, shall nominate and appoint a successor as a director, who shall hold his office for the unexpired term of the director he is appointed to succeed, o for the period of three (3) years when the appointment is made due to the expiration of a director's term of office; and further provided that in the event the best interests of the City of Lubbock, Texas, require the removal of any director, removal of such director shall be effected through appointment of such director's successor by unanimous vote of the City Council of the City of Lubbock, Texas." SECTION 6. THAT Article XII is hereby amended to read as follows: "The City Manager, or his appointed representative, and the Director of the Lubbock Memorial Civic Center of the City of Lubbock, Texas, shall be ex-officio directors without voting privileges, and shall act only in an advisory capacity to the Corporation." Lnc. F 101 S. s : Y� MI ME SECTION 7. THAT Article XVI is hereby amended to read as follows: "These By -Laws shall not be amended, supplemented or changed in any manner unless at least nine (9) members of the Board of Directors vote in favor of such amendment, supplement or change in a meeting called for that purpose; and further that such supplement, amendment or change shall not become effective nor have any force or effect whatsoever unless and until the same has been approved by a written resolution passed by the City Council of the City of Lubbock, Texas." SECTION 8. THAT Article XVII is hereby added to read as follows: "The President and Vice President of the Board and the chairmen of the sub -committees of the Board of Civic Lubbock, Inc. shall constitute an Executive Committee to transact emergency business or any function specifically delegated to it by the directors." Passed by the City Council this 12th day of June , 1980. /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /sl Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: /s/ Susan M. Tom Susan M. Tom, Asst. City Attorney 80-39-466-650 Resolution No. 535 (39) A resolution accepting water and sewer improvements in Robbie Marion Addition, Lots 100-214. This is a routine acceptance of water and sewer improvements in the above referenced development; the total cost to the developer is $58,736.20; there is no refund. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 535. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JCR:bs RESOLUTION NO. 535 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 100 THROUGH 214, ROBBIE MARION ADDITION. WHEREAS, the developer of Lots 100 through 214, Robbie Marion Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and WHEREAS, the total utility cost to the developer is $68,736.20 with the improvements constructed by Holloway Road Boring and Underground having a value of $59,563.10 as determined by the unit prices established by said Chapter 34, and $9,173.10 cash paid to the City, with Basil L. Webb, the developer, and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications, 467 M�� NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF JUNE, 1980. Isl Bill McAlister Bill McAlister, Mayor ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney 80-39-467-651 Ordinance No. 8059 (40) Consider amending ordinance regarding setting water meters. The staff recommends that the tap fees for 3/4" meters be increased from $100 to $145, and the tap fee for a 1" meter be increased from $110 to $195. In the past these meters have been purchased from bond funds at no cost to the customer; however, the outside auditors have recommended that this practice be discontinued and that budgeted funds be used for the water meters. Therefore, the increased cost in the tap fee would include the one-time cost of the water meter, said charge being applicable to new construction and applicable to the "up -front" purchaser only. The Homebuilders Board of Directors responded to the proposed ordinance to the effect that they felt the price of the meters should not be added at this time, but should be included with the deposit and relocations from one address to another. Director of Electric Sales and Service Carroll McDonald indicated this would be difficult to administer and would penalize those people that move their accounts from one residence to another. The Homebuilders Association reasoned that by including the meter cost at the initial time, which would be financed over a period of thirty years, the homeowner eventually pays three times as much for the meter as he would if it were incorporated in the deposit. Following discussion, the motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance No. 8059 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV/pg ORDINANCE NO. 8059 AN ORDINANCE AMENDING SEC. 34-15 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO FEES AND WATER TAPS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. M:3 80-39-468-652 (41) 80-39-468-653 (42) Ordinance No. 8060 An ordinance amending Section 10-6 of the Code of Ordinances of the City of Lubbock to correct an error in numbering of two recently annexed voting precincts and to provide for the creation of a new Voting Precinct No. 33 resulting from a recent annexation. The purpose of the proposed ordinance is to update the existing precinct data, and to create a new precinct (No. 33) as a result of a newly annexed area which has subsequently been approved by the Justice Department. The proposed ordinance will be published in English and Spanish following the second reading, as required by the Justice Department. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinance No. 8060 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:pc ORDINANCE NO. 8060 AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF PORTIONS OF SECTION 10-6 WITH REGARD TO THE DESCRIPTIONS OF VOTING PRECINCT NOS. 41 AND 43; PROVIDING FOR A BOUNDARY DESCRIPTION FOR A NEW PRECINCT 33; PROVIDING FOR A MAP OF THE VOTING PRECINCTS OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF SECTION 10-6 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Resolution No. 536 A resolution authorizing the City Manager to apply for an Intergovernmental Personnel Act Grant to provide a new personnel/payroll management system. The present personnel payroll system has been in existence for a number of years and fails to take advantage of the federal and state laws regarding social security, workman`s compensation and retirement systems with respect to appropriate payroll deductions. The referenced grant under the Intergovernmental Personnel Act will allow a rewrite of the personnel/payroll system to provide not only data often requested by various agencies, but will allow appropriate corrections in the payroll, i.e. the City is not required to pay social security on sick leave instances, which is presently not being implemented. The grant will be provided for from Revenue Sharing Funds ($28,013); the federal share is in the sum of $22,698. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Resolution No. 536. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:cl RESOLUTION NO. 536 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to apply for on behalf of the City of Lubbock an Intergovernmental Personnel Grant to adopt and implement a Personnel Payroll Management System which would provide the City of Lubbock with a computerized data base necessary to provide analytical information on personnel and payroll programs. Passed by the City Council this 12th day of ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer /s/ Don Vandiver Don Vandiver, Assistant City Attorney June /s/ Bill McAlister BILL McALISTER, MAYOR •:1 *NOTE: Pertinent documents are attached to original Resolution No. 536. 469 80-39-469-654 Resolution No. 537 A resolution authorizing the Mayor to execute an agreement for the audit of the Community Services Administration Department of Energy, Weatherization Grant. The audit of grant funds administered through the Community Services Department is not included in the agreement with the outside auditors, and such an audit is recommended by the Internal Auditing Department. The estimated cost of the audit is $1,500 to be provided from the Gran: The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution No. 537. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV/pg RESOLUTION NO. 537 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 the City of Lubbock and Mason, Nickels & Warner, Certified Public Accountants 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 12th day of June 1980. Isl Bill McAlister BILL McALISTER, MAYOR Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT made and entered into this 12th day of June, 1980, between the City of Lubbock, Lubbock County, Texas, hereinafter referled to as City, and Mason, Nickels & Warner, Certified Public Accountants, Lubbock, Texas, hereinafter referred to as Accountant. 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 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: 470 JUN I P, 1980 A. Department of Energy - Weatherization assistance for low income persons, Grant Contract No. 48005680 for the period of time from September 9, 1979 through February 29, 1980. 2. Accountant further agrees to commence and complete the audits in accordance to the following schedule: A. The audit for Department of Energy - Weatherization Grant shall commence upon execution of this agreement and be completed by August 31, 1980. 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. Department of Energy - Weatherization Grant (1,500 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. GUIDELINES 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, sub -paragraph 3, of this agreement. ATTEST: CITY OF LUBBOCK Isl Evelyn Gaffga Isl Bill McAlister Evelyn Gaffga, City Secretary-Treas. BILL McALISTER, MAYOR APPROVED AS TO CONTENT: MASON NICKELS & WARNER Certified Public Accountants Isl J. Robert Massengale - By: Isl Larry Anderson J. Robert Massengale, Dir. of Finance Partner APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Atty. 80-39-470-655 Resolution No. 538 (44) Consider suspending effective date of rates of Southwestern Public Service Co. Trial Attorney for the City Jim Brewster appeared before the Council at the 8:30 Work Session to apprise them of the recommended procedures to be followed with regard to this matter and Agenda Item No. 45, immediately following. On May 22, 1980, Southwestern Public Service filed with the City Secretary an application for a rate increase, said rate increase becoming effective 35 days from the date the request is filed unless other action is taken. The Public Utilities Regulatory Act provides the Council with the ability to suspend the effective date of a rate increase, said suspension not to exceed 120 days, thus allowing the Council an opportunity to analyze the facts, hold a public hearing, and make their determination. The effective date can be implemented less than 120 days, if the Council so states. Without such suspension action, the rate increase would take effect on June 26. 471 The Council has the choice of allowing the staff to analyze the request, or contract with an outside consultant to perform the analysis. It is the recommendation of City Manager Cunningham that an in-house analysis can be performed by the Finance Office with the assistance of Carroll McDonald's Office. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution No. 538 suspending the effective date of the rate increase request of Southwestern Public Service for a maximum of 120 days. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 538 A RESOLUTION OF THE CITY OF LUBBOCK, TEXAS, SUSPENDING THE OPERATION OF PROPOSED RATE SCHEDULES FILED BY SOUTHWESTERN PUBLIC SERVICE COMPANY, FOR A PERIOD OF 120 DAYS BEYOND THE DATE ON WHICH SUCH SCHEDULES WOULD OTHERWISE GO INTO EFFECT. WHEREAS, Southwestern Public Service Company, did on the 22nd day of May, 1980, file a schedule of rates for electric utility service within the City of Lubbock, Texas, to become effective June 26, 1980; and WHEREAS, under the provisions of Vernon's Ann.Civ.St., art. 1446c, the City Council as the governing body of the City of Lubbock, Texas, is the Regulatory Authority having primary jurisdict as to electric utility rates within the corporate limits of the City of Lubbock, Texas; and, WHEREAS, after hearing all presentations made in open meeting as to the subject matter of this Resolution, it is the opinion of the City Council of the City of Lubbock, Texas, as the Regulatory Authority, that such schedules of rates should be suspended for a period of 120 days from June 26, 1980, for further study, investigati( presentation of evidence, and public hearings; and, WHEREAS, a copy of this Resolution and the considered reasons for suspension of such schedules of rates have been provided to Southwestern Public Service Company, prior to the consideration of this Resolution by the City Council of the City of Lubbock, Texas; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: Pursuant to Section 43(d) of the Public Utilities Regulatory Act of the State of Texas, the operation of the proposed rate schedules filed with the City of Lubbock on the 22nd day of May, 1980, by the Southwestern Public Service Company, is hereby suspended for a period of 120 days from the 26th day of June, 1980, for further study, investigation, presentation of evidence, and public hearing. ADOPTED by the City Council of the City of Lubbock, Texas, this the — 12th day of June , 1980. /s/ Bill McAlister 'BILL McALISTER, MAYOR ATTEST: sl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney 472 80-39-472-656 (45) 80-39-472-657 (46) 80-39-472-658 (47) 80-39-472-659 (48) 80-39-472-660 (49) 80-39-472-661 (50) Consider setting_a time and date fora ' public hearing regarding rate request of Southwestern Public Service CO. Pursuant to the above matter, the Council wishes to hold a public hearing following the analysis performed by the staff. The motion was made by Councilman Brown, seconded by Councilwoman Baker to hold a public hearing at 1:30 p.m. on June 26, 1980, for the purpose of hearing facts related to the rate increase request from Southwestern Public Service. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Ordinance No. 8061 An ordinance amending Section 2:82-85 of the Code of Ordinances regarding the Human Relations Commission (Ord. #6276). The proposed ordinance is recommended to include two designations to be added to the referenced Section and Code, i.e. handicapped and the aged, thus allowing each citizen regardless of race, handicap, age, color, creed, religion, or national origin to develop his/her talents and abilities without limitations, and to discourage the prevention of discriminatory practices against any individual because of these factors. The Justice Department has requested the term "physical handicap" be revised to reflect "handicap" only. Because of a pending grant application in the Transit Department, it is necessary that handicapped persons have available some channel to file complaints for discrimination against this department. The recommended channel for such complaints would be through the Human Relations Director, who is presently involved in assuming these types of complaints and problems. The Human Relations Commission approved this revision at their May 14, 1980 meeting. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8061, as corrected, on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV: b s ORDINANCE NO. 8061 AN ORDINANCE AMENDING SEC. 2-84 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SUBSECTIONS (1) AND (3) OF SAID SECTION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Consider claims against the City. 80-C-373 Lucy Mercado for Lolo Mercado $140.00 Property Damage 80-C-375 Mrs. T. E. Cummings $400.00 Property Damage 80-C-379 Emilia Casanova $126.47 Property Damage The motion was made by Councilwoman Baker, seconded by Councilman Brown to DENY the above referenced claims. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Bid No. 5867 for 1979-80 Paving Program (CDWO 7917), and authorize same. Low Bidder W. D. Turner Construction, Lubbock, Texas ($211,189.10) Bid No. 5865 for vitamins (prenatal) (Health Dept.). Item 1 Mission Pharmaceutical Company, San Antonio, Texas Item 2 Abbott Laboratories, Lubbock, Texas Bid No. 5868 for mast arm assemblies (Traffic Engineering). Low Bidder Singal Pole, Inc., Burns Flat, Oklahoma ($6,647.32) 473 mmm 80-39-473-662 (51) 80-39-473-663 (52) 80-39-473-664 (5 3) .Bid No. 5781 for automatic revolving security doors (Airport). W*7. : - Lubbock Glass and Mirror, Lubbock, Texas Bid No. 5781 furnishes and installs revolving security exit doors at Exit No. 3 and Exit No. 4 (both sides of the baggage claim area between the boarding lounge) at the Airport Terminal Building. These exit doors are approved by FAA Security and will operate without a security guard positioned at the exit. Under the present system, the airlines are responsible for furnishing this security in this area. The airlines have requested permission to reimburse the City on a two-year basis, plus 12% interest. The airline's share with interest is in the sum of $35,608.32, the airport's share is $23,591.68 for a total sum of $59,200 for the entire purchase and installation. The City's share will be financed from the Airport Revenue Reserve Fund and has been approved by the Airport Board. Ordinance No. 8062 An appropriation ordinance for the installation of revolving security exit doors in the Airport Terminal building (Airport Revenue Reserve Fund) (Bid #5781, above). Consider approval for purchase of replacement parts for General exciter xciter reduction gear. — Jay Wadsworth of Electric Production Department apprised the Council that there has been determined excessive pitting on the matting teeth of the reduction gear on Holly #1 exciter with definite indication that this gear has excessive wear and will continue to deteriorate. General Electric is the only manufacturer of the gear; the necessary parts are available only from General Electric with a delivery date of approximately 14 months. It is his recommendation that these parts be purchased in anticipation of this deterioration. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve Bids 5867, 5865, 5868, 5781; to pass Ordinance No. 8062 on first reading; and to approve the purchase of the replacement parts from General Electric for the Holly #1 generator. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:bs ORDINANCE NO. 8062 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: There is hereby appropriated out of the following described fund, to -wit: AIRPORT REVENUE RESERVE FUND The sum of $59,200.00 For the following purposes: Installation of revolving security exit doors in the Airport Terminal Building. AND IT IS SO ORDERED. Passed by the City Council on first reading this 12th day of June —, 1980. Passed by the City Council on second reading this day of 1 1980. ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /s/ Susan M. Tom Susan M. Tom, Assistant City Attorney VERIFIED BY: BILL McALISTER, MAYOR Robert Massengale_ Finnnrp Officer 474 JUN I _n 1980 Following recess for lunch, the Council reconvened at 1:00 p.m. to complete the business at hand. 80-39-474-665 Representatives of the Transit Advisory Board to appear to discuss the Transit ( 7) System's operations. At the May 22, 1980, Regular Council Session, the Council requested a detailed financial report from the Transit Department reflecting the total cost of operation of the Transit System, to be presented in a neat and orderly manner by which the average citizen could understand the facts. Dr. Milton Smith, Chairman of the Transit Advisory Board, appeared to present the data as requested. His report, verbatim, is on file in the City Secretary's Office. The pertinent point of Dr. Smith's report reflected that the City has been involved in both an intercity and in an intracity transportation system for many years; that the decisions made by the Council are political decisions, which involve some elements of economics, but all decisions cannot be reduced to dollars and cents, but must include some aspects other than economics. Dr. Smith gave a detailed presentation as to operating cost per mile, operating cost for the total system, depreciation cost for the total system, interest cost for the total system, Citibus cost excluding Texas Tech Sub -System, the pros and cons of operating said system, supplying detailed charts and statistical data in support of his comments. The Transit Advisory Board approved the report at their regular meeting of June 3, 1980. Several members of the Transit Advisory Board were present in the Council Chambers and made the following appearances: MORRIS WILKES reiterated Dr. Smith's comments to the effect that the public has always been informed as to the problems in conjunction with the System and the cost involved; that comparisons with other transit systems in the state are difficult because the variables differ; that it is a valid and needed service to the citizenry; that it is nondiscriminatory in nature and is a viable service to the community. VERA NEWSOME appeared adressing her remarks to the increase in ridership; that to eliminate the System would have a disasterous effect on minorities and low-income people, for it is their main source of transportation. In response to Ms. Newsome's comments, Mayor McAlister responded that there was no intention on the part of the Council to do away with the System; that the Council was concerned about the operating cost. BILL DEAN, a member of the Board, reaffirmed the comments made by other members of the Board; that it is necessary for the Council to determine the future of the System in order to proceed with the program on a positive note; that it is healthv to submit detailed data for evaluation, following which an affirmative committment should be made and implemented; that it was mandatory that the decision of the Council should be made at this time before expansion of the System, involving acquisition and remodeling of facilities, is implemented. 80-39-474-666 Hold a public hearing regarding Urban Mass Transportation Capital Assistance. 8) Grant for FY 1980-81. In accordance with a notice posted, a public hearing was held on the proposed Capital Assistance Grant, said hearing conducted immediately following the Transit Advisory Board's financial report referenced above. The Capital Assistance Grant from UMTA would allow for the purchase of the following items: Item Cost 1. 16 new 39-45 passenger diesel -powered buses (16 x $145,000) $2,320,000 2. 2 engine assemblies (2 x $30,856) 61,712 3. 16 spare wheels (16 x $110) 1,760 4. Land acquisition between 7th and 8th Streets on the east side of Avenue H and the alley. (39,000 square feet x $2.00/ square feet) 78,000 PROJECT COSTS $2,461,472 Contingencies (10%) $ 246,147 TOTAL PROJECTS COSTS $2,707,619 475 Following the presentation of Dr. Smith on behalf of the Transit Board, and in accordance with a notice published in the appropriate manner, a public hearing was held on the Capital Assistance Grant for 1980-81. Appearances: Mike Nely, employee of the VISTA Program Morris Wilkes Bidal Augero, Editor, El Editor Blas Mojica Mike Nely commented that a Transit System was much needed in Lubbock for the low-income people who do not have cars in order for them to get to their work; that he had been in other parts of the country where transit systems were in effect and there was a comparable need for the City of Lubbock. Another citizen commented to the effect that it was beneficial to the elderly allowing them opportunity to get to their medical appointment and miscellaneous shopping activities, and recommended that a token bus center be implemented. In response to Councilwoman Baker's inquiry about Texas Tech being self-sufficient, Morris Wilkes responded that the subsystem is funded from student service fees paid at the time of registration, and the subsystem operates on a break-even basis. Mr. AuRero commented that the bus system had been doing a good job with ridership increasing, and there was a definite need for expansion, particularly in light of the increased gasoline prices. ' Mr. John Wilson of the Transit staff commented in response to Council query that the present buses had reached their life expectancy, operating presently at 28 buses during the peak hours. At this point of the hearing, Mayor Pro Tem Henry commented that it was not necessary for the Council to make a decision at this time; that in keeping with their interest expressed at the May 22 Session and any comments made today, he suggested that a public hearing be held at the next Regular Council Meeting to allow all those interested in the Bus System, for or against, be allowed to speak to the matter and that the Capital Assistance Grant be tabled until all such data has been assimilated. The motion was then made by Mayor Pro Tem Henry, seconded by Councilwoman Baker that a public hearing be held at the next Regular Council Meeting (June 26) for all interested in the Bus System --for or against --may come and speak to the matter; that the notice be published in whatever form appropriate; that informat resulting from the public hearing as well as other pertinent data be published for the benefit of the people. Harold Chatman spoke from the Chambers to the effect that the hour of the public hearing is important because most of the people riding the buses are presently at work and a daytime hour would exclude them from participating in the hearing. Mayor Pro Tem Henry then amended his motion to include the hour of 5:30 p.m. for the public hearing on June 26. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Councilman Brown then responded to the above matters referring to the financial report of the Transit Advisory Board as well as the public hearing on the Capital Assistant Grant, and expressed his appreciation to the fine service of the Board, and for the statistical data presented, which was very beneficial in evaluating the entire System. He stressed, again, that he was not a negative person and did not wish to imply by his queries that he was negative or casting aspersions to either members of the Board or to the staff, but was deeply interested in the overall operation of the Transit System, the availablity of this information to the public; that he had been a resident of the City of Lubbock for many years reading from time to time all items in the AJ, news media reports, etc., and this was the first time these facts per se had ever been made available, and this information was essential if the Council was to make a valid decision as to the continuance of an expanded system and the approval of the referenced Capital Assistance Grant; that increased ridership was a pertinent factor in determining the need of purchasing additional buses (45 passenger) when present documentation indicates that the present routing reflects that a bus goes 1.2 miles before boarding a passenger; that the present facts reflected a deficit of over a million dollars a year, and as an elected official, it was his responsibility to make sound decisions on behalf of the taxpayers based on valid information and careful evaluation of such information, and the Council should not be "pushed" into eager action without a solid foundation. Dr. Smith responded in part that the Council should be cautious about buying low -capacity buses, for smaller buses are not constructer for heavy duty, which increases maintenance and replacement cost, and the System must be geared for the peak periods of public demand, and anticipating these peak periods is part of the difficulty 476 Councilwoman Baker indicated she was not interested in eliminating the Transit System, but she was interested in receiving information as to present ridership, routing, and future scheduling; that she was concerned about the increase in subsidy from 1975, the date the Transit System was implemented, to the present time and is desirous of curtailing the subsidy as much as possible, and would appreciate information to provide guidelines in this area. Mayor Pro Tem Henry commented that the primary goal of the Council was to reduce the subsidy and that the Board has done a good job in attempting to achieve this, i.e. increase a fair sum of 404 to 504. Councilwoman Baker indicated she would like some assurance that at some point in time that the subsidy would be decreased, or at best level off; that right now the subsidy is snowballing and the situation is mind boggling. The representative of the Management System appeared and commented that the only way this type of transit system could operate or be maintained in a break-even category would be through the operation within budgeted form, which in turn reduces the amount of service (routing frequency of routes, scheduling, etc.); that in the monthly reports distributed to the Board, all operating data is reported which reflects the peaks and valleys of ridership cost, etc. Members of the Council reported at this point that they have never received a copy of such monthly reports reflecting the current operating data. The discussion continued during which time Morris Wilkes invited the members of the Council to attend the Advisory Board meeting at 11:30 a.m. on Monday, June 16. At this point Councilman Aderton made referenced to an anonymous letter that members of the Council had received regarding the Council's position of inquiring into the cost and future planning of the Transit System, and expressed regret that the writer of the letter did not have the courage to sign his name, and should he be present in the Council Chambers, that he take note of the lack of appreciation for expressing his individual viewpoints in this manner. Mayor Pro Tem Henry also commented that members of the Council are in need of this necessary information in not only the Transit area, but all areas, and requested of the City Manager that they receive this type of information on a regular basis. There being no further discussion at this time, the hearing was closed. 80-39-476-667 Consider a resolution authorizing the Mayor to file an application and execute 9) a contract for Capital Assistance Grant for FY 1980-81 under the Department of Transportation, Urban Mass Transportation Act of 1964, as amended. (This item was TABLED as stated in the motion by Mayor Pro Tem Henry and seconded by Councilwoman Baker pending on the hearing on June 26--Agenda Item No. 8.) 80-39-476-668 Consider five appointments to the LUBBOCK PUBLIC TRANSIT ADVISORY BOARD. The (54) terms of Maggie Trejo, Milton, L. Smith, Eunice Stephens, Vera Newsome and John C. Ownes expire 6/23/80. This item was TABLED. 80-39-476-669 Consider one appointment to the URBAN DESIGN COMMISSION, to fill the unexpired (55) term of Joe Cayer, said term expiring 9/14/82. Mr. Cayer has resigned and is moving out of town. J. Wm. Davis 2830 - 23rd 795-0504 To fill the unexpired term of Joe Cayer, said term ending 9/14/82. 80-39-476-670 Consider one appointment to the HUMAN RELATIONS COMMISSION, to fill the unexpired (56) term of Elton Con&er, who is unable to attend. Mr. Conger's term expires 5/25/81. Harold Chapman 2316 Date 747-1868 To fill the unexpired term of Elton Conger, said term expiring 5/25/81. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown 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. At 2:30 p.m. the Council recessed to hold Executive Session as previously announced. 477 Upon reconvening at 3:45 a.m., the motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to adjourn, all items of business being completed. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. BILL McALISTER, MAYOR ATTEST: Evelyn Gafrga—City Sec lie't9ky-Treasurer READ AND APPROVED THIS 26TH DAY OF JUNE , 1980. ATTEST: Evelyn Ga:rf ga, " City ceety-Treasurer