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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/26/1980jU% 2 6 198Q M. 80-39 _47,8471 ( 1) 80-39 =478=672 2) 80-39, 4478-673 ( 3) 80-39 -478-674 ( 4) 80-39 -478-675 ( 5) 80-39.,478-676 ( 6) CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING June 26, 1980 9:30 A.M. The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, June 26, 1980, at 9:30 a.m, in the City Council Chambers, Second Floor, City Hall. Those present: Mayor Bill McAlister, Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, Councilman M. J. Aderton, Councilwoman Joan Baker, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None The invocation was given by Sam Wahl, Director of Water Utilities. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers Approval of Minutes - Regular Meeting, June 12, 1980. The motion was made by Councilman Aderton, seconded by Councilman Brown to approve the above referenced minutes. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Citizen Appearances Board Appointments J. William Davis Harold Chatman Proclamations "Roy Roberts Day" - June 28, 1980 Receiving: Roy W. Roberts Urban Design Commission Human Relations Commission "Amateur Radio Week" - June 22-28, 1980 Dick Brown, President of Lubbock Amateur Club, received the proclamation on behalf of the club members present. 80-39.17479�677 Ordinance No. 8062 8) An appropriation ordinance for installation of revolving security exit doors in Airport Terminal Building (Airport Revenue Reserve Fund) (Bid #5781). 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. 479 JUN 2 6 1980 -7=7-='777 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 this26th day of June 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga 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: Isl Robert Massengale Robert Massengale, Finance Officer 80-39 -479-678 Ordinance No. 8058 ( 9) An ordinance amending the Building Code, changing the provisions for bonding of contractors. 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. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8062 and No. 8058 on second and final reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39 -479-679 Ordinance No. 8059 (10) An ordinance amending Sec. 34.15 of the Code of Ordinances regarding fees and water taps. At the 8:30 Work Session, the Council was apprised that the staff had received a letter from Cecil Jennings, President of the West Texas Homebuilders, expressing opposition to this ordinance because of inclusion of the charge for installation of water meters. From the position of the Homebuilders Association, it places an undue burden on the developer and the first purchaser of property to whom the costs of installation are charged. In response to Council query as to how the installation of electric meters is handled, the response from the Director of Finance indicates that the cost of installation of electric meters is incor- porated in the rate base; that it apparently is customary to charge for a water meter, plus the tap fees. The Council questioned the wisdom of handling the two industries in a different procedural manner. At the Regular Session following minimal discussion, the motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to increase the tap fees as indicated in the proposed ordinance, but to exclude any charges for the instal- lation of water meters; and to pass Ordinance No. 8059 on second and final reading, as amended. The motion carried: Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; Mayor McAlister 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. Mrs JUN 2 6 198b 80-39,-480-680 Ordinance No. 8060 (11) An ordinance amending Sec. 10.6 of the Code of Ordinances regarding corrections of existing precincts and creation of newly annexed precinct. 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. 80-39 -480-681 Ordinance No. 8061 (12) An ordinance amending Sec. 2.82-85 of the Code of Ordinances regarding Human Relations matters. DGV:bs 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. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8060 and No. 8061 on second and final reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39 -480-682 Resolution No. 539 (21) A resolution authorizing the Mayor to sign an agreement with the State Department of Highways _andPublic Transportation for the City's participation in the installation of railroad crossing signals on North Avenue U. This agreement with the State Highway Department is for the installation of cantilever railroad crossing signals on North Avenue U on the Santa Fe tracks. The signals will replace the pedestal -type flashing railroad crossing signals now in place at this location. This is a part of the overall program to gradually upgrade all of the railroad crossing signals in the City, beginning with those with high potential accident occurrence. The City's cost for this new installation will be 5% of the total project cost, an estimated $2,750-$4,000. Community Development funds may be used for the City's portion, but will acquire CDAC hearings. In response to Council query as to whether or not these installations would be items that are budgeted, the response is that the installation for the overall program is programmed for every two years; that different signal installations vary in cost; that the Community Development funds could be used because the proposed program complies with requirements benefiting the low-income population. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 539 authorizing the City's participation in the referenced installation, and requesting the CDAC to conduct the necessary hearings to allocate CD funds for this purpose. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:bs RESOLUTION NO. 539 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement with the State Department of Highways and Public Transportation for joint funding of the installation of an automatic warning system for the Railroad Crossing on North Avenue U north of Clovis Road, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: Isl Evelyn Gaffga 26th day of Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Bill McDaniel June Isl Bill McAlister BILL McALISTER, MAYOR Bill McDaniel, Director of Traffic Engineering APPROVED AS TO FORM: 481 ,SUN 6 1980 Lubbock County Ave. U DOT No. 014 930Y AT&SF Ry. Co. Lubbock CERTIFICATION STATEMENT Resolution #539 State Department of Highways and Public Transportation This is to certify that CITY OF LUBBOCK approves and accepts the project for city/county the protection of the described grade crossing and agrees to forward its remittance to the Department in the approximate amount of $2,750.00 upon request. The exact amount is to be determined at the time of project approval. The undersigned also agrees that advance warning signs and pavement markings will be in accordance with State and Federal standards at the time of project completion. Dated this 26th day of June, 1980. Isl Bill McAlister Authorized Public Official Mayor, Bill McAlister ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Assistant City Attorney 80-39 -481-683 Consider the price and conditions of sale of Parcel 53-8 (a part thereof) in (22) the Coronado -Tex. area. Redeveloper Price Redevelopment Burlington Young & $1,050 Landscaping & adding to wife, Irean Young existing property The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the price and conditions of sale of the above referenced parcel. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39 .-481-684 Consider the allocation of Community Development Block Grant contingency funds (23) to the 1979-80 Security Patrol Project. At the 8:30 Work Session, the Council was apprised the security patrol for the Lubbock Housing Authority was authorized under the 5th Year CDBG, which provided salaries and fringe benefits, plus minimal equipment for two 12-hour security patrols at Green -Fair Manor and Hub Homes during their renovation projects. The approved budget of $75,503 is for the period of June 1, 1979 to May 31, 1980; the expenditures through May 15, 1980 is $79,177.21, which is an overrun of $3,574.21. The Director of Planning commented that the Lubbock Housing Authority was informed that the security patrol would cease when occupancy reached 85%. There has developed a misunderstanding with the Housing Authority that the interpretation of 85% was per housing project, i.e. Hub Homes and Green -Fair Manor, separately. The present occupancy for Hub Home is about 81%, while the occupancy for the Green -Fair is approximately 40-45%. At the Regular Session, the Council was apprised that the alternatives available to them in resolving this matter, to -wit: (1) the Housing Authority can assume the entire overrun in the sum of $7,622.72 for which they do not have the funds; (2) the CD Contingency funds could be allocated in this sum, deducting this amount from the 6th Year allocation (from $43,500 to $35,837.28). 482 JUN 2 6 1980 7 80-39. -482-.685 Resolution No. 540 (24) A.resolution authorizing the Mayor to execute a funding agreement with the Housing Authority al of Lubbock under 1980-81 Community Development Block Grant. 0 The security patrol is primarily directed toward Green -Fair Manor, which is involved in a $1 0 million dollar renovation modernization project. The funding agreement would cover the W ­q security patrol for two 12-hour surveillance by off -duty police officers. The funding W 00 agreement was authorized for the previous year which is believed to have saved the project several thousand dollars in vandalism costs, e.g. $21,000 in cost for replacement of broken windows has been alleviated. As stipulated above, the adjusted allocation would provide for salaries and fringe benefits for the Security Patrol Program for a 10-month period. It is believed that at the end of the ten-month period, the Hub Homes project would achieve its ON 85% occupancy and would not be eligible for this funding. This agreement would terminate May 31, 1981, or when Green -Fair Manor has an occupancy level at 85%, which ever is first. The motion was made by Councilman Aderton, seconded by Councilman Brown to approve the 0 0 overrun for the Lubbock Housing Authority in the sum of $7,622.72, to be funded from the CD -r-q-t 4J U-) Contingency funds, said sum to be substracted from the 6th Year allocation, and to pass Resolution No. 540 authorizing a funding agreement with the Lubbock Housing Authority in the 0 0 amount of $35,837.28, to cover salaries and cost for the Security Patrol Project at the Green -Fair Manor and Hub Homes renovation projects for a ten-month period. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 540 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK. WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development and Housing Plan pursuant to the Housing and Community Development Act of 1974 as amended, and the Texas Community Development Act of 1975 as amended; and WHEREAS, the Authority is a non-profit organization having its principal office in the City of Lubbock, Lubbock County, Texas; and WHEREAS, the City desires to contract with the Authority 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 the Authority is auhtorized by law and is willing to carry out such activities; and WHEREAS, the Greenfair Manor public housing project has been found to meet the criteria for funding under provision 570-201 (e) of the Community Development Regulations for Public Services; and WHEREAS, security patrol activities are a proper public purpose and are necessary and appropriate to support housing modernization and renovation activities at Greenfair Manor, and are fundable by the Department of Housing and Urban Development; and WHEREAS, the accomplishment of the public purpose is the predominant purpose of the transaction; there is sufficient assurance through statutory and contractual requirements and through continuing supervision by the City that the public purpose will be accomplished; there is sufficient protection of the handling of public money; and there is adequate considerat passing to the City in the form of substantial public benefit; 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 Housing Authority 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 26th day of ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: June , 1980. Isl Bill McAlister BILL McALISTER, MAYOR Isl Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: Isl W. M. McKamie W. M. McKamie, Assistant City Attorney 483 JUN 2 980 RESOLUTION NO. 319 RESOLUTION ACCEPTING COMMUNITY DEVELOPMENT FUNDING AGREEMENT WHEREAS, the Housing Authority of the City of Lubbock submitted an application for continuation of the Security Patrol activities in Green -Fair Manor; and WHEREAS, the Authority has been granted Community Development funds in the amount of $35,837.28 to carry out the agreed services; WHEREFORE BE IT RESOLVED by the Board of Commissioners of The Housing Authorit: of the City of Lubbock that this funding Agreement be accepted and ratified by signatures of the proper officials of the Authority on this 12th day of June, 1980. CERTIFICATE I, D. C. Fair, Jr., the duly appointed, Qualified and acting Secretary of the Housing Authority of the City of Lubbock, Texas, do hereby certify that the above Resolution No. 319 is a true and correct copy of the original Resolution now on file and of record, passed unanimously by the Board of Commissioners of the said Authority at a regular meeting held on June 12, 1980. IN TESTIMONY WHEREOF,I have hereunto set my hand and the Seal of said Authority this 12th day of June, 1980. /s/ D. C. Fair, Jr. Secretary (Seal) COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK STATE OF TEXAS COUNTY OF LUBBOCK This Agreement entered into this 26th day of June , 1980 between the City of Lubbock, a home -rule municipal corporation, hereinafter called "City" and the Housing Authority of the City of Lubbock, hereinafter called the "Authority". WITNESSETH: WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development and Housing Plan pursuant to the Housing and Community Development Act of 1974 as amended, and the Texas Community Development Act of 1975 as amended; and WHEREAS, the Authority is a non-profit organization having its principle office in the City of Lubbock, Lubbock County, Texas; and WHEREAS, the City desires to contract with the Authority 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 the Authority is authoritzed by law and is willing to carry out such activities; and WHEREAS, the Greenfair Manor public housing project has been found to meet the criteria for funding under provision 570-201 (e) of the Community Development Regulations for Public Services; and WHEREAS, security patrol activities are a proper public purpose and are necessary and appropriate to support housing modernization and renovation activities at Greenfair Manor, and are fundable by the department of Housing and Urban Development; and WHEREAS, the accomplishment of the public purpose is the predominant purpose of the transaction; there is sufficient assurance through statutory and contractual requirements and through continuing supervision by the City that the public purpose will be accomplished; there is sufficient protection of the handling of public money; and there is adequate consideration passing to the City in the form of substantial public benefit; 484 MW F, NOW THEREFORE, the City and the Authority do hereby mutually agree as follows: 1. The Authority agrees to perform and do such activities as may be necessary to provide a security patrol at Greenfair Manor public housing project as 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. 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 Authority as compensation for such services, with the compensation not to exceed Thirty -Five Thousand, Eight Hundred Thirty -Seven and 28/100 Dollars ($35,837.28). It is understood and hereby agreed that it shall be the responsibility and the obligation of the Authority to implement and perform the activities set forth in this agreement. Specifi the Authority shall be responsible and obligated to do and provide the following: A. The authority represents that it has secured or will secure all personnel required in performing the services under this agreement. One off -duty police officer shall be hired to serve as security officer for 12 hours per day and shall be assigned to patrol the Greenfair Manor project. All personnel costs and compensation, including salaries and fringe benefits, shall be provided by the Authority. B. The Authority will be responsible for the acquisition of all necessary uniforms and equipment for use by the security patrol officers. 9 It is agreed that the City shall compensate the Authority in an amount not to exceed Thirty -Five Thousand, Eight Hundred Thirty -Seven and 28/100 Dollars ($35,837.28) for the services performed under this agreement. 3. The City shall pay the Authority the amount set forth in paragraph 2 which shall constitute full and complete compensation for all the services performed pursuant to this agreement. No monies shall be paid by the City except pursuant to a timely filed request for payment from the Authority. 4. The Authority shall furnish the City with any appropriate reports regarding the status of the project or services being funded under this agreement. Such reports shall contain all the information as may be requested by the Community Development Coordinator regarding the performanc of the Authority's activites. The City shall advise the Authority as to the form and content of these reports. 5. The City hereby designates the Community Development Coordinator as its single point of contact with the Authority. All reports and other communications relative to this agreement shall be addressed to the Coordinator or to a delegate expressly named by the Coordinator. N The Authority agrees that the performance of work and services pursuant to the requirements of this contract shall conform to high professional standards. 0 The Authority shall be deemed at all time to be an independent contractor and nothing contained herein shall be construed as creating a relationship of employer and employee between the City and Authority. The Authority shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the City. 91 The City shall have the right of access to the Authority's records, properties, and offices at any time to inspect or otherwise evaluate the work performed or being performed hereunder. a The activities performed by the Authority with funds provided under this agreement shall be performed within Greenfair Manor Public Housing Project Area as shown on Exhibit A (attached). For purposes for 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. 0 '030M, 10. The City shall not be subject to any of the obligations or liabilities of the Authority incurred in the performance of this agreement. The Authority expressly agrees to indemnify and hold harmless the City for any and all lia- bilities and obligations incurred due to the negligence of the Authority, its employees, officers, agents, subcontractors, or agencies, or the negligent acts or omissions, breaches of contract of the agency or its employees, officers, agents, sub -contractors or agencies. 11. The Authority 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 Renewal, as amended, made pursuartthereto, including, but not limited to, those published in Title 24 of the Code of Federal Regulations. The Authority further certifies and assures the City that it will be cognizant of, comply with, and enforce to the extent required by law all other applicable federal and state statutes local ordinances, rules and regulations, and department procedures or directives of the U. S. Department of Housing and Urban Development. 12. It is understood and hereby agreed that the Authority 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. 13. If the Authority shall fail to fulfill in timely and proper manner its obligations under this agreement, or if the Authority shall violate any of the convenants, agreements or stipulations of this agreement, the City shall thereupon have the right to terminate this contract by giving written notice to the Authority of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. 14. This agreement may be terminated by either party without cause upon thirty (30) days prior written notice to the other party. 15. The Authority agrees to comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, and Section 202 of Executive Order 11246, a copy of each such sections being attached hereto, marked Part II - Terms and Conditions (Pages 2-5), and by reference made a part hereof for all particulars as though fully set out herein. 16. All expenditures made under this agreement, other than salaries and fringe benefits of personnel, are subject to prior approval by the Community Development Coordinator. None of the services covered by this agreement shall be subcontracte( without the prior written consent of the City. The Authority shall be fully responsible for the acts and ommissions of its subcontractors and of persons either directly or indirectly employed by it. 17. The Authority shall not assign, sell, or transfer any interest in this contract without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to the Authority under this agreement may be assigned to a bank, trust company, or other financial institution or to a trustee in bankruptcy without such approval. Notice of any such assignment or transfer of such claims for money due or to become due shall be furnished to the City immediately. U" The Authority covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the perfor- mance of services required to be performed under this agreement. The Authority further covenants that in the performance of this agreement no person having any such interest shall be employed. 19. No officer, member, or employee of the City; no members of its governing body; and no other public official of the governing body of the locality in - which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project shall participate in any decision relating to this agreement which affects his personal interest, or have any personal or pecuniary interest, JUN � 0 1980 sm 20. No member of or delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise herefrom. No Any notice or notices required or permitted to be given pursuant to this agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested to: Community Development Coordinator, City of Lubbock; Chairman, Board of Commissioners Housing Authority of the City of Lubbock. 22. Regardless of the date of execution hereof, this agreement shall become effective on the lst day of June 1980, and shall terminate upon completion of the designated projects and activities, or on May 31, 1981 or as provided in paragraph 14 above, whichever first occurs. For the purposes of this paragraph, the agreement is severable. The agreed projects and activities pertaining to the Greenfair Manor Public Housing Project shall be deemed completed when the overall occupancy rate is Eighty -Five Percent (85%). 23. The Authority agrees and is hereby bound in the execution of this agreement by the requireme ts and provisions as set forth in Part II -Terms and Conditions Funding Agreement, Community Development Block Grant Program (attached). 24. This agreement contains the entire agreement of the parties; and no representations, inducements, or other covenants between the parties not included herein shall be of any force or effect. IN WITNESS WHEREOF, the City and the Authority have executed this agreement as of the first day above written. CITY OF LUBBOCK Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer Isl Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: Isl W. M. McKamie W. M. McKamie, Assistant City Attorney HOUSING AUTHORITY OF THE CITY OF LUBBOCK, TEXAS Isl Cathy Morton CHAIRMAN,BOARD OF COMMISSIONERS ATTEST: Isl D. C. Fair, Jr. D. C. Fair, Jr., Secretary V M. MIZE PART II - TERMS AND CONDITIONS FUNDING AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Upon execution of the Funding Agreement of which this Part II - Terms and Con- ditions is a part, the City of Lubbock through its Community Development Department agrees to provide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 1974 (P.L. 93-383) as authorized by the Funding Approval identified therein, subject to the terms and conditions of this Funding Agreement, applicable law, regulations and all other requirements of the Department of Housing and Urban Development (HUD) now or hereafter in effect. The Funding Agreement is effective with respect to such assistance as of the date the Funding Agreement is executed and is subject to the HUD Community Development Block Grant Regulations at 24 CFR Part 570 and the following General Terms and Conditions: 1. Definitions: Except to the extent modified or supplemented by this Funding Agreement, any term defined in Title I of the Housing and Community Development Block Grant Regulations at 24 CFR Part 570, shall have the same meaning when used herein. (a) Agreement means this Funding Agreement, as described above and any amendments or supplements thereto. (b) City means the City of Lubbock, Texas. (c) Grantee means any City Department or division, the Urban Renewal Agency, or any other department or agency which is designated by the City to receive Community Development Block Grant funds for the purpose of carrying out the Community Development Program. (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 regu- lations 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. ck 488 JUN 2 6 1980 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 the information of parties to contracts required to contain the above Section 3 clause. J 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: (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 489 3U 2 6 1980 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 appli- cant 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 nondiscrimina clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions to Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the City and by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. The Grantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; provided, that if the Grantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Grantee agrees that it will assist and cooperate actively with the City, HUD, and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish the City, HUD, and the Secretary of Labor such 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 responsibili 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 undertaking: 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 assurance of future compliance has been received from such Grantee; and refer the case IM JUN 6 1990 490 5. Lead -Based Paint Hazards: The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead -Based Paint regulations, 24 CFR Part 35. Any grants or loans made through the Grantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead - based paint -hazards under subpart B of said regulations, and the Grantee shall be responsible for the inspections and certificates required under Section 35.14(f) thereof. 6. Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. In compliance with said regulations, the Grantee shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt transaction thereunder funded with assistance provided under the Agreement, the following requirements: (1) A stipulation by the contractor of subcontractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the 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 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 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part I. In the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the City and the United States are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 9. Obligations of Grantee with Respect to Certain Third Party Relationships: The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under lawful requirements of the City necessary to insure that the program with respect to which assistance is being provided under this Agreement to the Grantee is carried out in accordance with the City's Assurances and certificates including those with respect to the assumption of environmental responsibilities of the City under Section 104(h) of the Housing and Community Development Act of 1974. 10. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no Resident Commissioner, I I � I - - - - - - - I - - -1_____ ___ _Z -1-2 - __ -- ____ fi - ...-4_- -P--- I,- ---- 491 RMEMMI 7!� 11. Interest of Members, Officers, or Employees of City, Members of Local Governing Body, or Other Public Officials: No member, officer, or employee of the City, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his tenure or for one year thereafter shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 12. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974 or HUD regulation 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. 492 JUN 2 6 1980 IL".'m P.M P.M pow $me 0.0 W-0 Oma P-at POK ­01 0"' Um All ... 102 0-9 W-10 WIM 2.01 7F Awn 09-K NOW t7 :70 %L HUB HOMES. fell 11 VHN F LI t I u. I.Af L* 7jf �J, GREENFA R MAN OR '-4 r 2 all, "I b 2L F �C 'ap; 4- 4! -01 1 Ift" *Wr 4 CITY LIMITS 105. EXHIBIT Ari Location -of Hub, homes ..and..Greenf air-,- nor Py 80-39 !-493-686 Resolution No. 541 (25) A resolution authorizing the Mayor to execute a funding agreement with the Women's Protective Services, Inc. under the 1980-81 Community Development Block Grant. The 5th and 6th Year Community Development Program established an Emergency Shelter for battered persons. The Women's Protective Services, a private nonprofit agency, has requested a total of $66,000 for the acquisition and rehabilitation of a structure to be used as the Emergency Shelter to assist any victim of domestic violence. The application to be used by private nonprofit agencies in applying for CD assistance has been developed and recommended by the CDAC. A set of criteria has been developed to evaluate each request for assistance. (This subject was discussed at the 8:30 Work Session; see the Work Session minutes for details.) Their evaluation of the request for funds reflect that the project is eligible for CDBG funding under its regulations; the project meets a community need; the project will benefit residents of the CDBG neighborhood strategy areas; the City will own the Shelter facility and lease it to the Women's Protective Services, Inc.; the operation of the Shelter will be funded by the Junior League of Lubbock in the amount of $23,000 and by funds from the Dayton -Hudson Foundation in the amount of $16,176. The Board of Directors for the Women's Protective Services, Inc. has approved the referenced funding agreement in the amount of $66,000 for the acquisition of a Shelter and any rehabilitation as needed; the Corporation agrees to operate the Shelter for a five-year period beginning with the execution of this agreement. Queries from the Council reflected their interest in the proposed location of the Shelter, the present facility being considered is in the North Overton Addition in the vicinity of Pioneer Park. In response to query as to the necessity of rezoning, Mr. Bertram responded that the present location being considered would require a zone change, and tentative approval has been indicated by P & Z. Mayor Pro Tem. Henry indicated that the present owner should make the request for the zone change prior to completion of the purchase proceedings; that the contract to purchase should be subject to approval by P & Z before final closing. The motion was made by Councilman Brown and seconded by Councilman Aderton to pass Resolution No. 541 authorizing the funding agreement with the Women's Protective Services, Inc. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilman Brown and Councilwoman Baker voting Yea; Councilman Aderton voting Nay. RESOLUTION NO. 541 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND WOMEN'S PROTECTIVE SERVICES, INC. WHEREAS, the City is obligated to do and perform certain services in its undertakingli of a Community Development Plan pursuant to the Housing and Community Development Act of 1974, as amended; and WHEREAS, the Agency is a non-profit corporation having its principal office in the City of Lubbock, Lubbock County, Texas; and WHEREAS, the Agency and the services it provides have been found to meet the criteria for funding under provision 570-202 (c) of the Community Development Regulations and WHEREAS, the protection of the health and safety of citizens who are involved in incidents of domestic violence is a proper public purpose, and is fundable by the Department of Housing and Urban Development; and WHEREAS, the accomplishment of the public purpose is the predominant purpose of the transaction; there is sufficient assurance through statutory and contractual requirements and through continuing supervision by the City that the public purpose will be accomplished; there is sufficient protection of the handling of public money; and there is adequate consideration passing to the City in the form of substantial public benefit; NOW THEREFORE, 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 Women's Protective Services, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: 26th day of June , 1980. /s/ Bill McAlister BILL McALISTER, MAYOR Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO C014TENT: _/s/Vicki Foster Vicki Foster, Community Development Coordinator t - ^IN JUN 2 6 494 COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND WOMEN'S PROTECTIVE SERVICES, INC. STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into this 26th day of, June 1980, between the City of Lubbock, Texas, a home rule municipal corporation, hereinafter called "City" and Women's Protective Services, Inc., a non-profit corporation organized and existing under the laws of the State of Texas, hereinafter called "Agency". WITNESSETH: WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Plan pursuant to the Housing and Community Development Act of 1974, as amended; and WHEREAS, the Agency is a non-profit corporation having its principal office in the City of Lubbock, Lubbock County, Texas; and WHEREAS, the Agency and the services it provides have been found to meet the criteria for funding under provision 570-202 (c) of the Community Development Regulations; and WHEREAS, the protection of the health and safety of citizens who are involved in incidents of domestic violence is a proper public purpose, and is fundable by the Department of Housing and Urban Development; and WHEREAS, the accomplishment of the public purpose is the predominant purpose of the transaction; there is sufficient assurance through statutory and contractual requirements and through continuing supervision by the City that the public purpose will be accomplished; there is sufficient protection of the handling of public money; and there is adequate consideration passing to the City in the form of substantial public benefit; NOW THEREFORE the City and the Agency do hereby mutually agree as follows: 1. The Agency agrees to perform and do such activities as may be necessary to provide a continuing program for the protection of the health and safety of citizens who are involved in incidents of domestic violence; such program to continue at the highest operational levels possible for the five-year period beginning on the date of execution of this agreement. 2. To aid in the carrying out of the agreed services, the City shall apply for funds from the Department of Housing and Urban Development, and such funds when received by the City shall be disbursed as provided herein, with the total amount of such funds not to exceed Sixty-six Thousand Dollars ($66,000.00). It is understood and hereby agreed that it shall be the responsibility of the Agency to perform and do the activities and services set forth in this agreement as consideration for the funds secured and disbursed by the City hereunder. 3. It is agreed that the City will acquire an appropriate site within the City of Lubbock to serve as an emergency shelter facility for citizens who are involved in incidents of domestic violence. The site to be acquired by the City shall be recommendedby the Agency's Board of Directors as being the most suitable for execution of the agreed activities and services set forth in this agreement. To preserve the integrity and confidentiality of the emergency shelter facility, the exact location of the site for the facility is specifically not mentioned herein. 4. It is further agreed that a portion of the funds specified in paragraph 2, above, may be utilized for repairs and rehabilitation of the site acquired in accordance with paragraph 3, above, upon prior approval of the governing body of the City. 5, The Agency shall utilize the site acquired in accordance with paragraph 3, above, as its facility for the purposes of carrying out the activities and services set forth in this agreement for the period specified in paragraph 1, above. 6. The Agency shall furnish the City with any appropriate reports regarding the status of the project or services being funded under this agreement. Such reports shall contain all the information as may be requested by the Community Development Coordinator regarding the performance of the Agency's activities. The City shall advise the Agency as to the form and content of these reports. 7. The City hereby designates the Community Development Coordinator as its single point of contact with the Agency. All reports and other communications relative to this agreement shall be addressed 1-- 1-1- r - - - A4-f- -- I- � A-1-4 - - - - - - - - - 1- --A 1- +1­ r - - - A4--�-- 495 0 The Agency agrees that the performance of work and services pursuant to the requirements of this agreement shall conform to high professional standards. go The Agency shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the City. 10. The City shall have the right of access to the Agency records, properties, and offices at any time to inspect or otherwise evaluate the work performed or being performed hereunder. 11. 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. 12. The City shall not be subject to any of the obligations or liabilities 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, sub- contractors, or agencies, or the negligent acts or omissions, breaches of contract of the agency or its employees, officers, agents, subcontractors or agencies. 13. 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 Renewal as amended made pursuant thereto, including, but not limted 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 to the extent required by law all other applicable federal and state statutes, local ordinances, rules and regulations, and department procedures or directives of the U.S. Department of Housing and Urban Development, 14. It is understood and hereby agreed that the 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. 15. If 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 convenants, agreements or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement by giving written notice to the Agency of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. All expenditures made under this agreement are subject to prior approval by the Community Development Coordinator. The Agency shall be fully responsible for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by it. 17. The Agency shall not assign, sell, or transfer any interest in this contract without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to the Center under this agreement may be assigned to a bank, trust company, or other financial institution or to a trustee in bankruptcy without such approval. Notice of any such assignment or transfer for such claims for money due or to become due shall be furnished to the City immediately. im The Agency covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this agreement. The Agency further covenants that in the performance of this agreement no person having any such interest shall be employed. JUN 2 6- 496 "s No officer, member or employee of the City; no members of its governing body; and no other public official of the governing body of the locality in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaki or carrying out of this project shall participate in any decision relating to this agreement which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. 20. No member of or delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise herefrom. 21. Any notice or notices required or permitted to be given pursuant to this agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to: Community Development Coordinator, City of Lubbock; Director, Women's Protective Services, Inc. 22. Regardless of the date of execution hereof, this agreement shall become effective on the date that the U. S. Department of Housing and Urban Development officially authorizes the release of funds for the projects and activities provided under this agreement and in no event shall costs be incurred or funds expended under this agreement until such effective date. This agreement shall terminate five years from the date of execution hereof, or as provided in paragraph 15, whichever first occurs. 23. The Agency agrees and is hereby bound in the execution of this Agreement by the requirements and provisions as set forth in Part II - Terms and Conditions Funding Agreement, Community Development Block Grant Program. 24. This agreement contains the entire agreement of the parties; and no representations, inducements, or other covenants between the parties not included herein shall be of any force or effect. IN WITNESS WHEREOF, the City and the Agency have executed this agreement as of the first day above written. CITY OF LUBBOCK Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer /s/ Vicki Foster Vicki Foster, Community Development Coordinator 41to Isl W. M. McKamie W. M. McKamie, Assistant City Attorney WOMEN'S PROTECTIVE SERVICES, INC. Isl Dennis Fullingim CHAIRMAN ATTEST: Isl Gay Croslin Secretary 497 U,N 2 6.198 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 suc 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: I 1. Definitions: Except to the extent modified or supplemented by this Funding Agreement, and 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 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 Agreement. 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 BUSINESS 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 Ur -ban Development Act of 1968, as amended, 12. U.S.0 1701U. Section,3 requires that to the greatest extent feasible opportunities for training and employement be given lower income residents of the project area and contracts for work in.connection with the project be awarded,,to busin 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 th contract certify and agree that they are under no contractual or other disabi 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 required by Section 3 of the Housing and Urban Development Act of 1968. D. The contractor will send to each labor organization or representative of worker with which he has a collective bargaining agreement or other contract or under- standing, 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 applicant for employment or training. Is �py E. The contractor will include this Section 3 clause in every subcontract for .• JUN work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 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 the inf tion 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 aamstruction 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: (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 employ- ment 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. 499 (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions to Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the City and by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimi- nation clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontracto or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. The Grantee further agrees that it will be bound by the above equal opportunit clause with respect to its own employment practices when it participates in federally assisted construction work; provided, that if the Grantee so participatin is a State or local government, the above equal opportunity clause is not applicabl 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 subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish the City, HUD, and the Secretary of Labor such 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 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 program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Grantee; and refer the case to the Department of Justice for appropriate legal proceedings. 5. Lead -Based Paint Hazards: The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead -Based Paint regulations, 24 CFR Part 35. Any grants or loans made through the Grantee for the rehabilitat of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead -based paint -hazards under subpart B of said regulations, and the Grantee shall be responsible for the inspections and certificates required under Section 35.14(f) thereof. JUN 2 6 mo 500 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 requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the 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 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 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part I. In the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the City and the United States are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 9. Obligations of Grantee with Respect to Certain Third Party Relationships: The Grantee shall remain fully obligated under the provisions of the Agreement notwithstandii 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: 80-39 -501-687 (26) JUN 2 6 1986 No member, officer, or employee of the City, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his tenure or for one year thereafter; shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 12. Prohibition Against Pavments 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. Resolution No. 542 A -resolution authorizing the acquisition of a parcel of land for the purpose of park development in the Yellowhouse Canyon Lakes Project, and authorizing the institution of condemnation proceedings, as required. Parcel No. 99600-89-280, located at Quirt and East 19th, is owned by Clyde T. Vernon, with a fair market value of $30,000 which is agreeable to the owner. The property was appraised by Jimmy Goddard and reviewed by Harold Kelly. This is the last property needed for the development of the Lake 6 Canyon Lakes Project. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 542 authorizing the purchase of the referenced parcel at the appraised value; or in the alternative, authorizing condemnation proceedings. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 542 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 con- tracted with the City of Lubbock to provide funds through the Community Develop- ment 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 Clyde T. Vernon; 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. 99600-895-280: (See attached Legal description) Purchase Price - $30,000.00 (Thirty Thousand 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 502 c '1 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 condemna 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 26th 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, Assistant City Attorney NOTE: Attached to Original Resolution No. 542 are legal description, map, Acquisition Appraisal Review, and Appraisal Report for the City of Lubbock. 80-39-502-688 Resolution No. 543 (27) A resolution authorizing the acquisition of a a� rcel of land for the purpose of public park development in the South Overton Neighborhood, and authorizing the institution of condemnation proceedings, as required. On April 24, 1980, the Council authorized the Urban Renewal Agency to offer Mr. Tony Brookes, owner of the property located at 2015 14th Street, $11,000 for the purpose of development of the South Overton Park. Mr. Brookes made no response and condemnation proceedings were initiated, as authorized by the Council. Mr. Brookes now has requested negotiation for a settlement on the property. The staff recommends an increased offer of $11,750, to which Mr. Brookes has agreed, which would be less than cost of condemnation proceedings. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 543 authorizing a revised offer of $11,750 to Mr. Tony Brookes for property located at 2015 14th Street. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 543 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE SOUTH OVERTON NEIGHBORHOOD; 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 14th Street and Avenue U 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, Parcel No. 67440-44-8, owned by TONY BROOKES and wife JEAN BROOKES; and WHEREAS, the City Council has caused 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 that the City Council finds the price herein 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 a certain parcel of land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Parcel No. 67440-44-8 (2015 14th Street): Lot 8, Block 44, Overton Addition to the City of Lubbock, Lubbock County, Texas. Purchase Price - $11,750.00 (Eleven Thousand Seven Hundred Fifty 503 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 acquisiton of said parcel of 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 author- ized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said parcel of land as hereinabove described, for public park purposes. Passed by the City Council this - 26th 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, Assistant City Attorney 80-39 -503-689 Ordinance No. 8069 (28) An ordinance to abandon and close an underground street light cable easement out of Lot 7. Block 2. Rhyne Simpson Addition to the City of Lubbock. The referenced property is located west of Quirt Avenue on East 10th Street. The north -south easement is no longer needed as a street -light cable easement and therefore should be abandoned and returned to the owner. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 8069 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF/pg ORDINANCE NO. 8069 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND STREET LIGHT CABLE EASEMENT LOCATED IN PART OF LOT 7, BLOCK 2, RHYNE SIMPSON ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 80-39 -503-690 Resolution No. 544 (29) A resolution authorizing a formal offer for a tract of land out of Section 65, 'Block A, Lubbock County, Texas. The Airport is extending one of its runways and is required by the FAA to install an instrument landing system. The referenced property would be used as site for the outer marker, which is a component part of the landing system. The offer is in the amount of $4,000 to the Becknell Trust; the site is located approximately five miles east of the Airport and two miles west of Idalou and consists of approximately of .412 acres for the site of the marker and .998 acres for an access easement to the marker site. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 544 authorizing the offer referenced above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Council- woman Baker voting Yea; none voting Nay. JUN 2 6 1980 504 JWF/pg RESOLUTION NO. 544 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: municipal airport purposes as to Tract 1 described below and ingress and egress easement for access to said Tract 1, said easement being located in, upon, along, over, and across Tract 2 described below; 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: TRACT 1 A tract of land out of Section 65, Block A, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a 3/8" iron rod, set in the West R.O.W. line of the Fort Worth and Denver Railroad, for the Northeast and beginning corner of this tract, whence a found railroad spike the Northeast corner of Section 65, Block A bears North, 973.92 feet and East, 2364.17 feet; THENCE North 89* 56' 05" West at 44.62 feet pass a 3/8" iron rod, continuing for a total distance of 179.42 feet to a 3/8" iron rod, set for the Northwest corner of this tract; THENCE South at 60.0 feet pass the centerline of the East-West runway of Lubbock International Airport Extended East, continuing for a total distance of 120.0 feet to a 3/8" iron rod, set for the South- west corner of this tract; THENCE South 89* 56' 05" East, 120.0 feet to a 3/8" iron rod, set in the West R.O.W. line of the Fort Worth and Denver Railroad, for the Southeast corner of this tract; THENCE North 26' 21' 00" East along the West R.O.W. line of the Fort Worth and Denver Railroad, at 66.9 feet pass a 3/8" iron rod the centerline of the East-West runway of the Lubbock International Airport Extended East, continuing for a total distance of 133.8 feet to the place of beginning. That an easement of ingress and egress to said Tract 1 be acquired located on Tract 2 described as follows: TRACT 2 BEGINNING at a found 3/8" iron rod in the West R.O.W. line of the Fort Worth and Denver Railroad, for the Northeast and beginning corner of this tract, whence a found railroad spike the Northeast corner of Section 65, Block A Lubbock County, Texas, bears East 1881.77 feet; THENCE South 26' 21' 00" West along the West R.O.W. line of the Fort Worth and Denver Railroad, 1086.85 feet to a 3/8" iron rod, set for the Southeast corner of this tract; THENCE North 890 56' 05" West, 44.62 feet to a 3/8" iron rod, set for the Southwest corner of this tract; THENCE North 26' 21' 00" East, 1086.79 feet to a 3/8" iron rod, set for the Northwest corner of this tract; THENCE East along the North line of said Section 65, Block A, 44.64 feet to the place of beginning. Section 2. That the owners of said fee simple title including the Becknell Trust be offered the sum of $4,000.00 for the purchase of interests in said land as above described. Passed by the City Council this 26thday of June 1980. Isl Bill McAlister ATTEST: BILL McALISTER, MAYOR Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: Isl J. Worth Fullingim 505 80-39 -505-691 Resolution No. 545 (30) A'resolution authorizing the commencement of negotiations for the acquisition of a parcel of land out of Section 1, Block S, Lubbock County, Texas. The Right -of -Way Department has negotiated with the property owners for the necessary right-of-way needed for the CDWO 7919 Paving Program. Federal regula require this action for the acquisition of this right-of-way. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 545 for the acquisition of the referenced property. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF/pg RESOLUTION NO. 545 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That commencement of negotiations for the acquisition of the fee simple title to the following described tract of land by the City of Lubbock through its Right -of -Way Department for public street right-of-way purposes at a purchase price later to be determined by appraisal of the fair market value thereof from the owners including Lubbock National Bank as Trustee for the Carl and Kent Clark Trust, is hereby authorized, to -wit: A parcel of land out of Section 1, Block S, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point which is West 2,059.41 feet and South 2,193.98 feet from the Northeast corner of Section 1, Block S, Lubbock County, Texas, said point being the Southeast corner of a tract of land conveyed to the City of Lubbock by Farmer's Co-op Compress, Inc., and recorded in Volume 693, page 669, Lubbock County, Texas; THENCE Southeasterly around the arc of a curve whose radius point bears South 0' 40' 00" East 400.00 feet and subtends an angle of 53' 21' 38" a distance of 372.53 feet to a point; THENCE South 370 18' 22" East a distance of 352.37 feet to a point; said point being the beginning of a curve in a Southeasterly direction whose radius point bears North 520 41' 38" East 456.00 feet and subtends an angle of 53' 21' 38"; THENCE around said curve in a Southeasterly direction a distance of 424.68 feet to a point; the P.C. of a 15.00 foot radius curve whose radius point bears South 00 40' 00" East 15.00 feet and subtends an angle of 90' 00' 0011 ; THENCE around said curve in a Southeasterly direction a distance of 23.56 feet to a point in the West line of OLIVE AVENUE; THENCE North 00 40' 00" West along the West line of OLIVE AVENUE a distance of 86.00 feet to a point; said point being the P.C. of a curve in a SouthwestE direction whose radius point bears South 89' 20' 00" West 15.00 feet and subtends an angle of 90' 00' 00"; THENCE around said curve in a Southwesterly direction a distance of 23.56 feet to a point; said point being the P.C. of a curve in a Westerly direction, whose radius point bears North 0' 40' 00" West 400.00 feet and subtends an angle of 53' 21' 3811; THENCE around said curve in a West to Northwesterly direction a distance of 372.53 feet to a point; THENCE North 370 18' 22" West a distance of 352.37 feet to a point; the P.C. of a curve in a Northwesterly direction whose radius point bears South 52' 41' 38" West a distance of 456.00 feet and subtends an angle of 53' 21' 38"; THENCE around said curve a distance of 424.68 feet to a point; THENCE West 121.43 feet to a point; said point being the beginning of a curve in a Northwesterly direction whose radius point bears North 15.00 feet and subtends an angle of 94* 54' 41"; THENCE around said Northwesterly curve a distance of 24.85 feet to a point in the East right-of-way line of Loop 289; fly 506 2 6 AJ 1990 THENCE Southwesterly along the curve of the East right-of-way line of Loop 289 a distance of 72.61 feet to a point; THENCE East 143.90 feet to the POINT OF BEGINNING. Passed by the City Council this26th day of June _ , 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga-i City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 80-39 -506-692 Resolution No. 546 (31) A resolution authorizing the Mayor to execute an agreement with Lubbock County whereby the City would provide vector control services in Lubbock County. The above matter was discussed at the April 24, 1980 Work Session. The contract would be for a period of three years, and the terms and conditions state that the City provides the mosquito and rodent control services for those areas outside the City limits in the County, for which the County Commissioners pay the City for that service. The new contract is in the amount of $74,000, to be paid in monthly installments of $6,166.67; for the providing of services in the County before the contract is finally approved at the monthly rate as stated in the contract; that additional mosquito insecticiding beyond normal surveillance, as stated in the contract, would be provided on a direct cost basis for the additional applications. The breakdown for the cost for providing these services are as follows: 1. Mosquito control The annual cost for providing surveillance for mosquito breeding areas within Lubbock County is based on the following assumptions: A. Average of 6 applications per year. B. Average rainfall. C. Average Encephalitis in animals. Annual cost breakdown as follows: Personal Services $23,656 Supplies 20,900 Maintenance & Fuel 3,825 Miscellaneous Charges 660 Capital Outlay/Depreciation 2,750 Administrative & General Overhead 1,100 $52,800 2. Rodent Control The annual cost for rodent control in Lubbock County outside the City limits of Lubbock is projected as follows: Personal Services $11,879 Supplies 4,290 Maintenance & Fuel 1,000 Capital Outlay/Depreciation 2,931 Administrative & General Overhead 1,100 TOTAL $21,200 3. Total Annual Mosquito and Rodent Control Programs: $74,000 The County Commissioners approved this contract by resolution at their June 23, 1980 meeting. 507 The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Resolution No. 546 authorizing the City to enter into an agreement with the Lubbock County Commissioners for vector control services. Motion carried: Mayor McAlister, Mayor Pro Tem, Henry, Councilmen Brown and Aderton and Council- woman Baker voting Yea; none voting Nay. DGV:bs RESOLUTION NO. 546 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with the COMMISSIONERS' COURT OF LUBBOCK COUNTY, TEXAS, for funding of a Vector Control Services Agreement, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of June 1980. /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney VECTOR CONTROL SERVICES AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THIS Agreement entered into between the Commissioners' Court of Lubbock County, Texas, acting by and through its duly authorized County Judge, hereinafterl called "COUNTY" and the City of Lubbock, acting by and through its duly authorized) Mayor, hereinafter called "CITY". WITNESSETH: WHEREAS, the County Commissioners' Court of Lubbock County, Texas, has determined that a need exists for Vector Control Services in Lubbock County outside the City Limits of the City of Lubbock, and WHEREAS, the City of Lubbock agrees to furnish such services upon the terms and conditions stated below: 1. The City agrees to provide Vector Control Services for the entire area of Lubbock County lying outside the City Limits of the City of Lubbock, including incorporated areas within the County. 2. The City in providing this service shall pay all necessary expenses of the personnel involved in this service which shall include salaries, adminis- tration expense, fringe benefits, transportation vehicles and the maintenance and operation of such vehicles. 3. The term of this agreement shall be for a period of three (3) years from the date of execution. It is understood and agreed however that the services contracted by this agreement may commence before the final execution of this agreement in order to protect the health of the citizens of Lubbock 508 JUN 2 6, 1980 County. The monthly payments to be made under this agreement shall in that event be construed as commencing on the date that the City notifies the County that such service is ready to commence. 4. The County hereby agrees and obligates itself to pay to the City of Lubbock the sum of $74,000.00 which shall be payable $6,166.67 monthly. This monthly fee shall be paid by the County to the City on the day of each month. If it becomes necessary to commence operations before final approval of this agreement, payments of $6,166.67 per month shall be made to the City for such service, notwithstanding that such payments shall cause the total amount paid to exceed the total amount hereinabove specified. It is further understood and agreed that in the event additional mosquito applications are necessary, the County shall pay the direct cost for these additional applications. Such costs and additional expense information are set forth in the estimated cost exhibit which is attached hereto and made a part hereof. 5. This agreement may be amended or terminated upon the agreement of both parties hereto acting through a resolution of the respective governing bodies. EXECUTED THIS the _23rd day of ATTEST: Isl Frank Guess Frank Guess, County Clerk APPROVED AS TO FORM: Isl Yvonne M. Faulk for John T. Montford, Criminal District Attorney June , 1980. COMMISSIONERS' COURT OF LUBBOCK COUNTY, TEXAS BY:—/s/ Rodrick L. Shaw Rodrick L. Shaw, County Judge EXECUTED THIS the 26th day of June , 1980. CITY OF LUBBOCK BY:—/s/ Bill McAlister — BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney Isl Marjorie K. Orr Marjorie K. Orr, M.D., Director City of Lubbock Health Department 509 JUN goo At 10:00 a.m., Mayor McAlister announced that an Executive Session would be held for the purpose of considering pending litigation. This announcement is in accordance with Section 2-F, Art. 6252-17, V.A.T.S. 80-39 -509-693 Consider a resolution whereby the City Health Department will administer an (32) Improved Child Health Project within Lubbock County. 80-39 -509-694 Resolution No. 547 (33) A resolution authorizing the Mayor to execute a contract with the Texas Department ofHealth for Improved Child HealthProjectactivities within Lubbock County. The City Health Department is desiring to contract with the State Health Departmeni to provide Improved Child Health Project for the City. The State Health Department has encouraged the City to work with the County and to have the program for the entire County rather than just the City. The Commissioners considered and approved this matter at their June 23, 1980 meeting, there being on file the resolution approved by the Commissioners for this program. The City will administer the Project and accept the resolution of the County Commissioners. The contract with the State Health Department provides the City to serve as an administrating arm for the Project. In 1978, the HEW designated ten sites in the Unites States to receive funds of $300,000 each annually for four years for innovative child health projects to impact high infant mortality in certain areas. Lubbock County and the surrounding 15-county area (Health Services Area #2) were identified as one of the ten sites. The allocation for the Health Department is $100,176 annually for four years, to provide for salaries for four public health nurses, a clerk, a community services aide, and necessary travel expenses, postage, and telephone to support the activities in providing health education, referral and follow-up within the City as well as Lubbock County. An essential element of the program is coordi- nation and communication with other health service agencies. These agencies, consisting of Lubbock General Hospital, Texas Tech University School of Medicine, United Way Well Baby Clinic, Texas Department of Human Resources, all hospitals, Lubbock Public Schools, DEBT Program, and private medical practitioners. Additionally, well -child health services in the form of physician and nurse assessments, nutritional counseling, immunizations, referral and follow-up will be offered to the medically indigent in satellite clinics in the City and County. Health services will be provided throughout the 15-county area for in cases of mobile patients or mothers and infants hospitalized in Lubbock and returning to another county. Continuity of care and referral for special services will be conducted for the high -risk medically -indigent infants and their mothers. Mayor Pro Tem Henry commented on the quality of program and services that can be offered through this Project and the need to work with the other agencies within the 15-county area. In response to Council query, Dr. Orr commented that there was need in the South Plains area for this program, and the City Health Department was pleased to be able to administer this program within the City and Lubbock County. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to accept the resolution of the County Commissioners passed at their June 23, 1980 meeting, expressing their cooperation in the referenced Project; and to pass Resolution No. 547 authorizing the entering into a contract with the State Department of Health for the referenced Project for the City of Lubbock and Lubbock County. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Council- men Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:pc RESOLUTION NO. 547 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract with the Texas Department of Health, for funding of preventive health services within Lubbock City and County, 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 26th day of June 1980. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer /s/ Bill McAlister BILL McALISTER, MAYOR JUN 2 IU '1980 510 APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney Isl Marjorie K. Orr Marjorie K. Orr, M.D., Director City of Lubbock Health Department RESOLUTION STATE OF TEXAS COUNTY OF LUBBOCK § On this the 23rd day of June, 1980, the Commissioners' Court of Lubbock County, Texas, convened in the Courthouse of the County of Lubbock, Texas, with the following members present, to -wit: Rodrick L. Shaw County Judge Edgar E. Chance County Commissioner Precinct #1 Coy E. Biggs , County Commissioner Precinct #2 J. M. Lancaster , County Commissioner Precinct #3 Alton Brazell County Commissioner Precinct #4 and, among the other proceedings, had the following order passed: WHEREAS, the Texas Department of Health has available funding for an Improved Child Health Project -to be administered by the City of Lubbock, Texas, through its Health Department, and WHEREAS, there exists a need for preventive health services within the area of Lubbock County outside the boundaries of the City of Lubbock with regard to low income maternity patients, newborn infants, and pre-school children, and WHEREAS, the Commissioners' Court of Lubbock County deems it appropriate to allow the City of Lubbock through its Health Department to furnish such services to the citizens of Lubbo County residing outside the boundaries of the City of Lubbock, and WHEREAS, the services to be provided by the City of Lubbock to -..residents of Lubbock County residing outside the boundaries of the City of Lubbock may expose the City of Lubbock to claims for damages for which the City of Lubbock will have no governmental immunity, the Commissioners' Court of Lubbock County deems it appropriate to hold the City harmless from any and all such cla arising from the performance of these services for Lubbock County residents not residing within the boundaries of the City of Lubbock, NOW THEREFORE, Be It Ordered, Adjudged, and Decreed by the Commissioners' Court of Lubbock County, Texas, that the City of Lubbock be granted permission to serve residents of Lubbock County residing outside the boundaries of the City of Lubbock with an Improved Child Health Project and that the City of Lubbock be held harmless from any and all claims for damages arising out of the performance of such duties in portions of Lubbock County not within the municipal boundaries of the City of Lubbock, Texas. The services will be preventive as well as ambulatory and will not infringe on the Lubbock County Hospital District's area of responsibility nor obligate the County of Lubbock for financial participation. This Resolution shall be in full force and effect from and after its passage, recording, and publication as provided by law. The above Resolution being read, it was moved,and seconded that the same pass. Thereupon, the question being called for, the following members of the Court voted AYE: Edgar E. Chance Alton Brazell Coy E. Biggs and the following voted NO: Isl Edgar E. Chance County Commissioner Precinct #1 J. M. Lancaster Isl Rodrick L. Shaw RODRICK L. SHAW, COUNTY JUDGE Isl Coy E. Biggs County Commisioner Precinct #2 Isl J. M. Lancaster County Commissioner Precinct #3 ATTEST: Isl Alton Brazell County Commissioner Precinct #4 511 JON 2 6 1980 CONTRACT The Texas Department of Health, hereinafter called the "Receiving Party," acting by and through its Deputy Commissioner of the Department of Health, and the City of Lubbock, a municipal corporation situated in Lubbock County, Texas, hereinafter called the "Performing Party," acting by and through its Department of Health, have jointly considered and determined that a contract should be entered into under the provisions of which the Performing Party will provide preventive health services within Lubbock City and County to low income maternity patients, newborn infants, and pre-school children, including, but not restricted to, W.I.C. recipients. NOW, THEREFORE, wit: The Receiving Party and the Performing Party hereby agree as follows, to - I. For and in consideration of the payments and commitments to be made and performed by the Receiving Party, Performing Party agrees and promises to: A. Provide preventive health services to include but not limited to: 1. Assessments by physician, nurse, social worker to be provided through Texas Department of Human Resources, and nutritionist (WIC). 2. Referral as needed. These services shall be provided to the following groups of medically indigent patients: maternity newborn pre-school children in Lubbock City and County through cooperation with but not limited to the following institutions: Texas Tech University School of Medicine Lubbock County Hospital District Lubbock United Way Well Baby Clinic Texas Department of Human Resources These services will be out -patient in nature, and will be carried out in accordance with the rules, regulations, policies and guidelines as promulgated by the Federal and State contracting agency and in accordance with the Improved Child Health Project Guidelines. B. Abide by the following policy on "Grant Related Income" and "Third Party Reimbursements": 1. Charges to any other funding sources must be handled by one of the following methods: A. Except as otherwise provided herein, no item which has been charged to any other funding source may be charged to the Receiving Party under this contract. B. Receipts from any item which has also been charged to the Receiving Party under this contract must be considered as grant -related -income. (1) Grant -related income must be accounted for in the budget period in which it is earned, and such income must be reported to the Receiving Party semi-annually or at presentation of each state voucher for payment. (2) Unspent grant -related income at the close of a budget period may be carried into the next budget period with approval of the Receiving Party. (3) All grant -related income carried from prior budget periods must be expended before current year contract funds are expended. 2. If there is more than a single funding source, all grant -related income must be apportioned among funding sources and reported to the Receiving Party semi-annually. 3. Any income derived through the use of paid positions of the Receiving Party must be forwarded to the Receiving Party. 512 ;,SUN 1980 For and in consideration of services furnished by the Performing Party and described and set out in Section I of this agreement, the Receiving Party agrees to pay the City of Lubbock in accordance with the attached itemized budget which is included in this contract for all purposes. Payments under the terms of the contract and agreement shall be made on a monthly basis. Each monthly billing shall be accompanied by one copy of a listing of each individual item charged for. W" For and in consideration of the mutual benefits accruing to both parties to this contract, it is further agreed and understood by both parties that: A. Receiving Party shall hal/e the right through its Deputy Commissioner of the Department of Health or his representative to inspect, examine, investigate, and evaluate the services and facilities provided by the Performing Party under this contract at any time and if in the opinion of the Deputy Commissioner of Health or representative, the services provided do not meet the highest standards acceptable in medical practice, then in such event Receiving Party may terminiate this contract upon written notice given 30 days in advance. B. The amounts agreed to be paid under this contract for the services to be rendered by the Performing Party as stipulated in Paragraph II shall be subject to review, reconsideration, and renegotiation if it appears to either party that said amounts should be increased or decreased in order to remove any serious inequities that might exist. It is understood that all books and records pertaining to this contract are subject to audit by State auditors and representative of the Department. C. It is agreed and understood that in the event State or Federal laws should be amended or judicially interpreted so as to render fulfill- ment of this contract and agreement on the part of either the Per- forming Party or the Receiving Party unfeasible or impossible, then in the event both the Performing Party and the Receiving Party shall be discharged from further obligation claimed under the terms of the contract and agreement except for equitable settlement of the respective accrued interest up to the date of the termination. It is further agreed and understood that if the total amount of funds pro- vided by the Department of Health and Human Services are inadequate to fulfill the obligations incurred by reason of this contract and agreement, then this contract and agreement shall be void as to both parties. D. It is agreed and understood that the total amount of money to be spent by the REceiving Party under the terms of this contract and agreement shall not exceed One Hundred Thousand and One Hundred Seventy Six Dollars ($100,176). E. It is agreed and understood there will be no charges for purchase of equipment. F. Within sixty (60) days the Receiving Party will require a progress report of the activities required under this contract. This contract shall commence on the lst of July, 1980, and shall continue in force until the 30th of September, 1980. EXECUTED this 26th CITY OF LUBBOCK, TEXAS Isl Bill McAlister Bill McAlister Mayor ATTEST: Isl Evelyn Gaffga Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO CONTENT: day of June , 1980. Isl Marjorie K. Orr Marjorie K. Orr, M.D., Director City of Lubbock Health Department TEXAS DEPARTMENT OF HEALTH Isl A.M. Donnell, Jr. A. M. Donnell, Jr., M.D. Deputy Commissioner APPROVED AS TO FORM: /-,/ John C. Ross- Jr. /s/ 513 Rzm� Budget - ICHP Lubbock City Health Department July 1 Through September 30, 1980 3 Months 1 Year PHN III $ 4,155 $ 16,620 PHN 11, 2 at $3,692 $ 7,384 29,536 PHN I $ 3,239 12,956 CLERK $ 2,163 8,652 CSA I $ 1,763 7,052 Sub Total $18,704 $ 74,816 FRINGE at 18.5% $ 3,445 13,780 TELEPHONE $ 877 3,508 SUPPLIES $ 235 940 POSTAGE $ 83 332 TRAVEL $ 937 3,748 CLINICIAN FEES $ 763 3,052 $25,044 $_25,36O $100,176 80-39 -513-695 Consider accepting "Replacing 24 Inch Steel Pipe at Southeast Reclamation (34) Plant", and authorizing final payment to the contractor. The original contract and final cost of the project is $48,810; the final payment is in the amount of $4,881. The motion was made by Councilman Brown, seconded by Councilman Aderton to accept the above referenced improvements and to authorize final payment to the contractor. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39,-513-696 Ordinance No. 8063 7) Consider all matters incident and related to the issuance and sale of "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1980," dated July 1, 1980, including receipt of bids therefor and first reading and passage of an ordinance authorizing the issuance of such bonds, and the approval of the official statement in connection therewith. According to the Prospectus submitted to the Council, Standard and Poors and Moody issued a AA rating for the City of Lubbock's bonds. At 10:31 a.m., Mayor McAlister announced that no further bids would be accepted. Mr. Smith indicated that a Good Faith check had been submitted as a deposit for those banks or companies on the approved list. Joe Smith, of First Southwest Company, appeared before the Council to handle the opening of the bids, at which time the high and best bid would be the criteria for awarding the bid. The proceedings then commenced whereby the City 514 JINN 2 6 1980 Secretary opened the bids, referred them to the Director of Finance and Mr. Smith for public announcement, to be followed by the evaluation and recommendation of the best bid. Those bids submitted are: Net Effective Account Premium Interest Cost Interest Rate Merrill Lynch White Weld Capital Markets Group and Associates $ 19.60 $4,384,412.49 6.7155 First National Bank in Dallas and Associates 213.25 4,348,815.00 6.6610 Republic National Bank of Dallas (Joint --Harris Trust and Savings Baank in Chicago 0 4,281,391.66 6.5577 C & C Southwest (Joint --Cullen Center Bank, Houston and Citizens National Bank, Dallas) 50.00 4,310,920.78 6.60298 Kidder, Peabody & Co., Inc. 52.90 4,351,260.64 6.664768% Salomon Brothers and Assoc. 1,678.90 4,374,994.02 6.7011 The meeting was recessed at 10:40 a.m. to allow Mr. Smith and Director of Finance Robert Massengale to evaluate the bids. At 11:48, the meeting reconvened and it was the announcement and recommendation of Mr. Smith that the bid of Republic National Bank of Dallas and Harris Trust and Savings Bank of Chicago submitted the best bid, the effective interest rate being 6.5577%. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to accept the bid of Republic National Bank of Dallas and Harris Trust and Savings Bank in Chicago, as read into the record. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Following the above minuted action, Mr. Smith proceeded to read into the record, verbatim, Ordinance No. 8063. Upon completion of the reading of the referenced ordinance, the motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 8063 of first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. At this time the proceedings were interrupted by Mr. James G. Marshall who wished to speak in regard to the above referenced ordinance. His request was denied by Mayor McAlister for the reason that Mr. Marshall had initiated court proceedings on the day immediately preceding (June 25, 1980), and the Council would speak to him on this matter at the Courthouse. He then submitted miscellaneous papers, which he asked to be "spread upon the minutes." These documents are on file in the Office of the City Secretary. ORDINANCE NO. 8063 AN ORDINANCE by the City Council of the City of Lubbock, Texas, authorizing the issuance of $6,450,000 "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1980," dated July 1, 1980, for the purpose of making permanent public improvements, to wit: $5,082,000 for contructing improvements and extensions to the City's waterworks system; $800,000 for constructing improvements and extensions to the Cityy's sanitary sewer system; and $568,000 for constructing street improvements in and for said City, including lighting and signalization; prescribing the form of the bonds and the form of the interest coupons; levying a continuing direct annual ad valorem tax on all taxable property within the limits of said City to pay the interest on said bonds and to create a sinking fund for the redemption thereof and providing for the assessment and collection:of such taxes; enacting provisions incident and relating to the subject and purpose of this ordinance; and providing an effective date. f� THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Marilyn Pie ree a Notary Public in and for Lubbock County, Texas on this day personally appeared Twi I a Fo I som, Business Office Manage6f the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Legal Notice - 548 words (a 251 Per word - $137.00 No, 912910 at Lubbock County. Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: June 11e 1980. (City of Lubbock P.O. No. I-518) Business Office Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 16 t h day of June 19 80 FORM 58-10 in & for the State of Texas �y Coinmissio,) Expires Feb. 1, 1984 516 JUN 2 6 1980 80-39 :--516-697 Ordinance No. 8064 - Zone Case No. 2286 (13) Request of I. Macias (for Galvan Revival, Inc.) to change the north 110' of the South 200' of Tract_92, James Subdivision, City of Lubbock, Lubbock County, Texas, from R-1 to A-2 Toning District (located at 5605 Magnolia Avenue). *Publisher's Affidavit on Page 515. The Planning and Zoning Commission recommended this request be approved subject to the following condition: a. That it be limited to a church and church -related uses. In accordance to Notice published in the Lubbock Avalanche -Journal on June 11, 1980, a public hearing was held on the above matter. Proponent: Edward Ochoa, on behalf of Galvan Revival, Inc. The purpose of the A-2 request is to build a church building. Although, this site is not on a collector or major thoroughfare as normally recommended, it is within a residential area that is totally surrounded by M-1 (light industrial zoning). This area has developed slowly and possibly with the addition of a new church building, it would encourage additional residential development. Planning and Zoning recommends approval of this request, subject to the condition as stated above. The stated condition is acceptable to the proponent. There being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinance No. 8064 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan submitted. ORDINANCE NO. 8064 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2286; CHANGE THE NORTH 110 FEET OF THE SOUTH 200 FEET OF TRACT 92, JAMES SUBDIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO A-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39 m-516-698 Ordinance No. 8065 - Zone Case No. 1771-A (14) Request of Roy Middleton (for Buster Long) to change a tract of land out of Section 28, *Publisher's Block E City of Lubbock, Lubbock County, Texas, from A-1 to C-2 Zoning District (located Affidavit on East of Aberdeen between 51st and 54th Streets). Page 515. The Planning and Zoning Commission recommended this request be approved. In accordance to Notice published in the Lubbock Avalanche -Journal on June 11, 1980, a public hearing was held on the above matter. Proponent: Tommy Middleton The request is to change the tract of A-1 into C-2 (light commercial retail). This site is bounded by vacant C-2 zoning on the north, C-2 commercial zoning on the south and east, and A-1 apartment development zoning on the west. The original A-1 request was established as a buffer zone between the C-2 area facing Slide Road and the residential development that would take place west of Aberdeen. The area approaching the South Plains Mall is saturated with commercial development and, technically, this tract does not face onto a thoroughfare which is a basic requirement of the past Zoning and Comprehensive Plan policy. The Planning and Zoning Commission felt like the commitment of similar zoning south of 54th Street and with lots facing onto Slide Road, this entire block could be considered as a small shopping center, and the request does not pose any threat to low -density development because there presently exist apartments west of Aberdeen, and that existing "A-1 would act as a buffer from this zone request. In response to Council query, the proponent indicated there were no tenants to date in the proposed development. There being no discussion and no opposition, the hearing was closed. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8065 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan submitted.) 'ORDINANCE NO. 8065 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1771-A; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-1 TO C-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 517 JUN 2 6 1980 80-39 :--517-699 Ordinance No. 8066 - Zone Case No. 2168-A (15) Request of Harold 0. Harriger (for Dick Mosley Homes, Inc.) for a Specific Use Zone Change,, from R-1 and R-2 Specific Use Permit under provisions of Section *Publisher's 22.3-2 of the Zoning Ordinance, for townhouses on Lots 1 and 2, Alford Addition, Affidavit City of Lubbock, Lubbock County, Texas (located at 5215 - 18th St.). on Page 515. The Planning and Zoning Commission recommended to the City Council this request be approved. In accordance with Notice published in the Lubbock Avalanche -Journal on June 11, 1980, a public hearing was held on above referenced matter. Proponent: Tommy Swan for Dick Mosely Homes, Inc. This request is to change existing R-2 (duplex) to R-1 (single-family) to an R- 1 specific use townhouse project, which is located at the southwest corner of 18th and Aberdeen. The site is bounded by R-1 and A-1 (apartment) on the north, R-1 zoning separated by an alley on the south, R-2 and R-1 on the east, and R-1 on the west. The request is for R-1 specific use owner -occupied town- houses for eight townhouse units. The Planning and Zoning Commission unanimously recommends this request, as it seems like a proposal putting to good use the property which would alter a potential renter -occupancy land use to a high - quality owner -occupancy land use. There being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Ordinance No. 8066 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ORDINANCE NO._8066 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2168-A; CHANGE LOT 1, ALFORD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO R-2 SPECIFIC USE DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; CHANGE LOT 2, ALFORD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 SPECIFIC USE DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39 -517-700 Ordinance No. 8067 - Zone Case No. 1865-L (16) Request of Jack Geddes (for Rustam J. Mehdiabadi) for a Specific Use Zone *Publisher's Change, from R-2 to AM Spedific Use Permit under provisions of Section 22.3-20- Affidavit on T-ofthe -Zoni'ng Ordinance, for professional offices on a tract of land out of Page 515. _Section 7, Block E-2, City of Lubbock, Lubbock County, Texas (located between 63rd and 64th Streets about 605 feet east of Indiana Avenue). The Planning and Zoning Commission recommended to the City Council this request be approved. In accordance with Notice published in the Lubbock Avalanche -Journal on June 11, 1980, a public hearing was held on the above referenced matter. Propnent: Jack Geddes This request for AM specific use for professional offices is an extension of an existing AM specific use zoning previously requested and approved. The site is bounded on the north and south by A-1 (apartments), on the east by A-2 zoning with pending A-1 (apartment zoning), and on the west with AM specific use office development. The request is tied to a site plan reflecting office development and is simply a one -lot extension of the development lying immediat to the west. P & Z recommends approval of this request. There being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Ordinance No. 8067 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ORDINANCE NO. 8067 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1865-L; CHANGE A TRACT OF LAND OUT OF SECTION 7, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO AM SPECIFIC USE ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 518 JUN 2 6 1980 80-39 -518-701 Ordinance No. 8068 Zone Case No. 2287 (17) Request of 0. R. Douglas (for Education Service Center) for a Specific Use Zone Change, from AM to AM Specific Use Permit under provisions of Section22.3-20-3 of the Zoning Ordinance, *Publisher's for professional offices on part of Tract A, Williams Subdivision of John W. Jarrott Addition, Affidavit on City of Lubbock, Lubbock County, Texas (located at 4062 - 22nd Place). Page 515. The Planning and ZoninCommission recommended this request be approved, subject to the following condition: a. That parking be provided as required by the Zoning Ordinance except that the unpaved parking lot shall be paved within one year, rather than at the time of occupancy. In accordance with Notice published in the Lubbock ' Avalanche -Journal on June 11, 1980, a public hearing was held on the above referenced matter. Proponent: Weldon Dade, on behalf of the Education Service Center This request is for an existing building originally utilized as a convelesence center and subsequently converted into an extended care home. The building has been vacant for a number of years and is located within a large AM medical district just north of St. Mary's Hospital. This request is for office use, which requires specific use permit. The primary use of the building will be for the Education Service Center which provides Data Processing, Film and Media Library, and Consulting services for the public schools of Lubbock and the surrounding area. This use is highly endorsed by the Lubbock Public Schools as being a needed facility. Because of the size of the floor area, the building would require, as office space, considerabl, more off-street parking than can be provided on the site. The site plan, as presented, shows that they have in the contract to purchase additional off-street parking to the northeast, which is an existing paved lot, and a vacant tract of land just east of their building. Their total off-street parking requirement is 316 spaces and the existing site plan provides for 317 spaces. The Planning and Zoning Commission granted the approval and allowed the proponent one year to complete the paving of the lot immediately east of their building, which provides 72 off- street parking spaces. The proponent responded to the Council that since the Planning and Zoning hearing that the proponent had acquired two additional lots for parking capabilities, and presented to the Council the warranty deeds reflecting the acquisition of these parcels. It is the intention of the proponent to have the paving completed and the parking area in use in less than the one year requirement. This acquisition will allow for 129 additional off-street parking spaces. The proponent indicated that all the square footage within the facility will be utilized by the activities and office space of the proponent with the exception of 5,000 square feet, which is being reserved for developmental purposes. The proponent further indicated that the staff's requirements for off-street parking consist of 60-90 spaces with approximately 50 vehicles being required each day for the various transactions within the facility. There being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem. Henry, seconded by Councilwoman Baker to pass Ordinance No. 8068 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ORDINANCE NO. 8068 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2287; CHANGE TRACT A OF WILLIAMS SUBDIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM AM TO AM SPECIFIC USE ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39,-518-702 Consider a resolution authorizing the leasing of a parcel of land to the Department of (35) Transportation (FAA) for an outer marker site. This item was TABLED. 80-39 -518-703 Resolution No. 548 (36) A resolution authorizing the Mayor to execute an Interlocal Agreement with the Texas Municipal League Workers' Compensation Joint I_nsurance Fund which modifies the original agreement established September, 1976. The City has participated in the TML Worker Compensation Joint Insurance Fund since September, 1976. The purpose of the Fund is to provide Texas cities with statutory workman's compensation benefits at the lowest possible cost. Recently the TML has developed a Cost + Plan for member cities at an annual premium of $500,000. The Plan allows for the City to hold its own reserve and remit monthly payments to TML for the actual claims paid, plus an administrative fee. The advantage of such a plan is that the final cost figures for the City so it would be solely dependent on the City's own loss experience and not dependent on the joint experience of 490 other cities as in the previous plan. Had the Cost + Plan been in effect last year, the City would have saved approximately $65,000, plus interest earned by holding and investing 519 The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Resolution No. 548 authorizing the referenced agreement. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwo Baker voting Yea; none voting Nay. JWF:bs RESOLUTION NO. 548 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and he is hereby authorized and directed to execute a new interlocal agreement with the Texas Municipal League Workers' Compensation Joint Insurance Fund, 1020 Southwest Tower, Austin, Texas, 78701, which agreement changes some of the fiscal arrangements between the City and said fund with respect to the handling of Workman's Compensation Claims and costs in connection therewith. Passed by the City Council this 26th day of June /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Director of Finance APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney TEXAS MUNICIPAL LEAGUE WORKERS' COMPENSATION JOINT INSURANCE FUND 1020 Southwest Tower, Austin, Texas 78701 INTERLOCAL AGREEMENT , 1980 This Contract and Interlocal Agreement entered into by and between the Texas Municipal League Workers' Compensation Joint Insurance Fund (hereinafter referred to as "Fund") and the undersigned political subdivision of the State of Texas (hereinafter referred to as "Employer Member") for the purpose of providing the statutory benefits prescribed.by Article 8309h of the Texas Workers' Compensation Act for employees of political subdivisions. WITNESSETH: The undersigned Employer Member in consideration of the adoption of a plan of self-insurance as authorized in Article 8039h, Vernon's Annotated Texas Statut to provide, Workers! Compensation benefits at a minimum cost and in further consi deration of other political subdivisions executing interlocal agreements does hereby agree to become.a self -insured workers' compensation employer by becoming one of the members of the Fund Pool of self -insured Employer Members. The condi- tions of membership agreed upon by and between the parties are as follows: 1. Definition of terms used in this Interlocal Agreement. a. "Board" -- refers to the Board of Trustees of the Texas Municipal League Workers' Compensation Joint Insurance Fund. b. "Premium" and "Contribution" -- are used interchar;geable'.zln,,some parts of this Interlocal Agreement "Premium" is used to identify the rating formula established by the State Board of Insurance, whic is used as guidelines to establish Employer Members' cash contributi to the Fund. Any reference at any time in this Interlocal Agreement to an insurance term not ordinarily a part of self-insurance shall b deemed for convenience only and is not to be construed as being contrary to. -the self-insurance concept except where the context clearly indicates no other possible interpretation such as but not limited to the reference to "reinsurance". C. "Servicing Contractor" --Texas Employers Insurance Association. &I ME mm 7-� is based on the State Board of Insurance promulgated insurance plan. f. "Standard Consideration" or "Standard Premium" -- the amount that is determined by applying the experience modifier of the Employer Member to the manual rates. 2. The term of this Interlocal Agreement shall be for a term commencing 12:01 a.m. and terminating 12:01 a.m. October,l, , unless the same is sooner terminated by sixty (60) days written notice of intent to terminate by either party unless otherwise specified under the terms and agreements of,.this Interlocal Agreement or by the Bylaws of the Fund. The Fund will have the right to terminate this agreement only for non-compliance with paragraphs 3, 4 and 7. 3. Annually, each Employer Member shall submit, on a Premium Worksheet form supplied by the Fund, its estimated payroll for each classification of employees to the Fund. The rates established by the State Board of Insurance shall be applied to arrive at a manual premium. If the Employer Member has established, through experiences a:.,modifier, then the experience modification of that Employer Member shall be used to arrive at the standard premiui to be paid by the Employer Member. In the absence of an earned experience modification for the Employer Member, the manual rate as established by the State Board of Insurance in effect, at the beginning of each Fund Year, will be used as a guide to produce a manual, as well as a standard, contribution. The Employer Member agrees to pay the Fund, on or before the inception date of this Interlocal Agreement,'an initial deposit of one (1) month's estimated paid losses times (x) 1.095, for the claims administration herein contracted for, plus 1/12 of the administrative service charge, catastrophic excess of loss reinsurance charge and the safety ty engineering charge (if applicable) as set forth in Exhibit A attached hereto. On or before the first month after the inception date of this Interlocal Agreement, the Employer Member agrees to make an identical payment as determined above on or before thei,beginning of the second month after the inception date of this Interlocal Agreement. On or before the beginning of the third month after the inception date of this Interlocal Agreement, the Employer Member shall pay an amount equal to the actual paid losses of the first month times (x) 1.095, for claims administration services plus 1/12 of the annual administrative service charge, catastrophic excess of loss reinsurance charge and safety engineering charge (if applicable). On or before the beginning of the fourth month of this Interlocal Agreement, a similar payment based upon the actual paid losses of the second month shall be paid to the Fund with subsequent monthly payments to be paid each and every month thereafter, based upon actual paid losses. It is further agreed that the other charges (administrative service charge, catastrophic excess of loss reinsurance charge, and safety engineering charge iff-applicable) that are based on standar( considerations will be adjustable at the end of each Fund Year, based on actual payrolls, manual rates and experience modifiers. At the end of each Fund Year there will be submitted by the Employer Memberactual payrolls as reflected on the books of the Employer Member. The Fund reserves the right to audit the payroll records2 of any Employer Member. 4. The Fund has contracted with the Servicing Contractor to supply safety engineering services to the Employer Member to assist them in following a plan of loss control that may result in reduced losses. The Servicing Contractor shall provide all of the services as provi in the service contract entered into by and between the Servicing Contractor and the Fund on behalf of the Employer Member. the Employer Member agrees that it will cooperate in instituting any and -all reasonable safety regulations that may be recommended for the purpose of eliminating or minimizing hazards that would contribute to workers' compensation losses. In the event that the recommendations submitted by the Servicing Contractor on behalf of the F seem unreasonable, the Employer Member has a right to appeal to the Board of Trustees. The Board shall hear the objections of the Employer Member at its next regularly scheduled meeting and its -decision will be final and binding on..all parties. The safety engineering services provided are, however, optional with the Employer Member. If the Employer Member does not want this service, its denial should be indicated on Exhibit A. 5. The Employer Member agrees that it will appoint a workers' compensation coordinator of department head rank, and that the Fund and its Servicing Contractor shall not be required to contact any other individual except this one person. Any notice to or any agreements with tl workers' compensation coordinator shall be binding upon the Employer Member. The Employer Member reserves the right to change the coordinator from time to time by giving written notice to the Fund and to the Servicing Contractor. 6. :.The Fund, through the Servicing Contractor employed by the Fund, agrees to handle any and all claims after notice of injury has been given, to prepare all required Industrial Accident Board forms, and provide a defense. The Employer Member hereby appoints Servicing Contractor as its agent to act in all matters pertaining to processing and handling of wofrkers' compensation.clAims and shallcooperate fully in supplying any information needed or helpful in such defense. They shall carry on all negotiations with the injured employee and his attorney at the pre -hearing conference and negotiate within authority previously granted by the Fund. If a personal appearance by the employer or a co -employee -is necessary, the expense this appearance will be paid by the Employer Member. The Servicing Contractor will retain and supervise legal counsel onl:behdlf of and at the expense of the Fund necessary for the prosecution of any litigation. All decisions on individual cases shall be made by the Fund through the Servicing Contractor, which includes the decision to appeal or not to appealam-In:(1-a-, Accident Board's final ruling and decision. However, any Employer Member shall have the right in any case involving one of their employees, to consult with the Fund on any decision made by the Servicing Contractor. Any suit brought or defended by the Servicing Contractor and the Fund shall be in the name of the political subdivision. Notwithstanding any provisions of this paragraph, all reports and filings required by the Workers' Compensation Law and the Industrial Accident Board of an employer will be the responsibility of the Employer Member. It is further understood that this agreement does not cover discrimination suits under Article 8307c. There shall be supplied periodically to each Employer Member a computer printout involving a statement of claims, claims status, and activity report cumulative for each Fund year. JUG 7. The Employer Member acknowledges that it has received a copy of the Bylaws of the Fund and agrees to abide by the Bylaws and any amendments thereto. 8. The fund agrees that all Fund transactions will be annually audited by a nationally recognized, certified public accounting firm., 9. The Fund shall pay on behalf of each Employer Member to the State Board of Insurance the Industrial Accident Board maintenance tax (Article 8306, Sec. 28, V.A.T.S.). The Employer Member shall reimburse the Furd for this payu when presented. 10. The Fund shall at all times provide for catastrophic excess of loss reinsurance as set out in Exhibit A. 11. The Fund further agrees to provide a complete range of administrative services to include, by way of example, but not of limitation, the following: a. Claims print-outs rendered monthly and keyed by designated EMp-ldyer Member functions or departments, b. Breakdown ofl.'payments made by compensation and medical. C. Monthly billing statement for reimbursement of current payments plus contractor fees. d. Maintenance of loss and payroll statistics for determination of the City's experience modifier under the experience rating plan. 12. The Employer Member further agrees to hold the Fund harmless from any and all claims (including attorney fees) that may be asserted against the Fund for the non -payments of any claim due to the failure of the Employer Member to maintain adequate reserves for the payment of claims. IN WITNESS WHEREOF, the parties have hereunto set their hands by their representatives thereunto duly authorized this 26th day of June, 1980. Contract Number TEXAS MUNICIPAL LEAGUE WORKERS' COMPENSATION JOINT INSURANCE FUND BY Isl Fund Secretary Austin, Texas The Workers' Compensation Company for the Employer Member is: Mil NAME P.O. Box 2000 CITY Lubbock, Texas ZIP79457 CITY OF LUBBOCK Employer Member BY/s/ Bill McAlister Authorized Official Bill McAlister, Mayor TELEPHONE 806-762-6411 Lubbock, Texas ATTEST: Isl Evelyn Gaffga EVELYN GAFFGA City Secretary -Treasurer 522 JUN 40 80-39 -522-704 Consider status report regarding petitions submitted by West Texas Legal Services and Pioneer (37) Natural Gas regarding procedures for termination of gas service. At the June 12, 1980 Regular City Council Meeting, the City Council accepted the response of Pioneer Natural Gas to the petition filed by the West Texas Legal Services on behalf of tenants of Coronado Apartments regarding the procedures for termination of gas service at the apartment complex. The purpose of this matter is to bring the Council up-to-date on the status of the proceedings; Assistant City Attorney David Reagan reported to the Council that under the guidelines of PURPA, the regulatory authority for gas and electric utilities must hold hearings on service policy standards, allowing public participation at these hearings, the determination of the necessary procedures to be based on the evidence presented at the hearings. There is some question in mind as to whether the jurisdiction lies within the local authority, i.e. the City Council, or whether the jurisdiction is under the Railroad Commission on a statewide policy. There is presently litigation before the Railroad Commission with regard to a similar situation (Docket #2313), and it is the recommendation of the City Attorney's Office for the Council to hold any further consideration or action on this matter in abeyance until the reference litigation before the Railroad Commission has been completed. It is estimated the hearings to be held, either by the local regulatory authority or by the Railroad Commission, sometime in October, 1980. 1 By consensus, the City Council accepts the report of the Assistant City Attorney and will take no further action at this time. 80-39':--522-705 Bid No. 5874 for electric items (warehouse stock). (38) Items 1,3,4,6 Temple, Inc., Lubbock, Texas Item 2 Nelson Electric Supply Company, Lubbock, Texas 80-39 -522-706 Bid No. 5882 for cast iron pipe, various sizes (warehouse stock). (39) Low Bidder Western Industrial Supply, Amarillo, Texas ($15,565.00) 80-39 -522-707 Bid No. 5889 for electric items (warehouse stock). (40) Item 1 Items 2,3,13 Items 4,6,10,14 Items 5,15 Items 7,8,9,11,12 80-39 !-522-708 Resolution No. 549 (41) Nunn Electric Supply Corp., Lubbock, Texas General Electric Supply Company, Lubbock, Texas Nelson Electric Supply Company, Lubbock, Texas Westinghouse Electric Supply Company, Lubbock, Texas Temple, Inc., Lubbock, Texas Bid No. 5880 for automatic sprinkler system, Burl Huffman Complex (Parks & Rec. Dept.), and authorize same. (Revenue Sharing Funds) Low Bidder Submatic, Inc., Lubbock, Texas ($198,000.00) SMT:cl RESOLUTION NO. 549 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract with Submatic, Inc., for an automatic sprinkler system for the Burl Huffman Athletic Complex, 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 26th day of. June ATTEST: Isl Bill McAlister BILL McALISTER, MAYOR R� APPROVED AS TO CONTENT: Isl Lawrence Banks Lawrence Banks, Administrative Asst. Community Facilities F,V227, rlly� �jf�-JXJF Isl Susan M. Tom Susan M. Tom, Assistant City Attorney CONTRACT THIS AGREEMENT, made this 26th day of June, 1980, by and between City of Lubbock , herein called "Owner," acting herein through its (Corporate Name of Owner) Mayor , and Submatic, Inc. (Title of Authorized Official) (a corporation) of Lubbock, County of Lubbock, and State of Texas, hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: Automatic Sprinkler System for the Burl Huffman Athletic Complex, as described in Bid #5880 for $198,000 Hereinafter called the project, for the sum of One Hundred Ninety -Eight Thousand Dollars ($198,000) and all extra work in connection therewith, under the terms as stated in the General and Special Conditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessol and services necessary to complete the said project in accordance with the conditions and prices stated in the Proposal, the General Conditions, Supplements General Conditions and Special Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents therefor as prepared by Parks and Recreation Department, herein entitles the Architect/Engineer, and as enumerated in Paragraph 1 of the Supplemental General Conditions, all of which are made a part hereof and collectively evidence and constitute the contract. The Contractor hereby agrees to commence work under this contract on or befol a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 consecutive calendar days thereafter. The Contrac further agrees to pay, as liquidated damages, the sum of $100.00 for each consecu tive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions, I The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Conditions of the Contract, and to make a payments on account -thereof as provided in Paragraph 25, "Payments to Contractor," of the General Conditions. IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. (Seal) ATTEST: Isl Evelyn Gaffga (Secretary) (Witness) (Seal) Isl Arlie Brown (Secretary) of Lubbock (owner) By y- Isl Bill McAlister NE (Title) Submatic, Inc. (Contractor) By /s/ Dale Brown es MN (Witness) President (Title) D r) 12-- OACI T rry 7 0 A 0 0 524 JUN P 6 1980 NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. Approved as to Form: Isl Susan M. Tom Susan Tom Assistant City Attorney Approved as to content: Isl Jim Weston Jim Weston Director of Community Facilities 80-39 -524-709 Resolution No. 550 (42) Bid No. 5887 for automatic sprinkler systems, Guadalupe Park, Washington Park, Rodger Park, Elmore Park, Godeke Library (Parks & Rec. Dept.), and authorize same. (Revenue Sharing and Community Dey t Funds) co o Ln 0 Ln CO 0 "o 00 .,q (U --- 11 "J C,4 0 F� Cq M co a) Low Bidder Submatic, Inc., Lubbock, Texas ($67,549.50) SMT:cl RESOLUTION NO. 550 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract with Submatic, Inc., for automatic sprinkler systems on Guadalupe Park, Washington Park, Rodgers Park and Elmore Park-Godeke Branch Library, 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 26th day of. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Lawrence Banks Lawrence Banks, Administrative Assistant Community Facilities APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Assistant City Attorney June /s/ Bill McAlister BILL McALISTER, MAYOR CONTRACT ,1980. I THIS AGREEMENT, made this 26th day of June, 1980, by and between City of Lubbock (Corporate Name of Owner) herein, -called "Owner," acting herein, -through its Mayor and (Title of Authorized Official) Submatic, Inc. of Lubbock, County of Lubbock, and State of Texas, hereinafter called (a,corporation) "Contractor." WITNESSETH: That for and in consideration of the payments and agreements hereinafter men- tioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the contruction described as follows: Automatic..Sprinkler Systems for Guadalupe Park, Washington Park, Rodgers Park and Elmore Park-Godeke Library as described in Bid #5887, being the base bid of $67,549.50. hereinafter called the project, for the sum of Sixty-seven thousand five hundred and forty & 50/100,7Dollars ($67,549.50) and all extra work in connection therewith, under the terms as.stated in the General and Special Conditions of the Contract; and at his (its or their) own proper 525 prepared by the Parks and Recreation Department, herein entitled the Architect/ Engineer, and as enumerated in Paragraph 1 of the Supplemental General Conditions all of which are made a part hereof and collectively evidence and constitute the contract. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 60 consecutive calendar days thereafter. The Contractor further agrees to pay, as Tliquidated damages, the sum of $100.00 for each consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account thereof as provided in Paragraph 25, "Payments to Contractor," of the General -Conditions. IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. (Seal) ATTEST: Isl Evelyn Gaffga (Secretary) (Witness) (Seal) Isl Arlie Brown (Secretary) (Witness) City of Lubbock (Owner) I By/s/ Bill McAlister Mayor (Title) I Submatic,Inc. (Contractor) By/s/ Dale Brown I President (Title) P.O. Box 246, Lubbock, Tex 79408 (Address and Zip Code) NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. Approved as to Form: Isl Susan M. Tom Susan Tom, Assistant City Attorney Approved as to Content: Isl Jim Weston Jim Weston, Director of Community Facilities Director of Purchasing Floyd Nesbitt appeared before the Council to indicate that there was a tie bid in Bid No. 5889, and with that exception the above referenced bids are low bids and meet specifications. He asked the Council to draw in regard to Bid No. 5889, Item 10 listed therein, which was a tie bid and would necessitate a drawing. This was an "all or nothing" bid; thus the necessary procedures for one item only. Councilman Brown did the honors and announced that Nelson Electric Supply Company, Lubbock, was drawn as low bidder for this particular item. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve Bid No. 5874, 5882, 5880; approve Resolution No. 549 authorizing the contract related to Bid No. 5880; approve Bid No. 5887 and passing Resolution No. 550 authorizing the contract related to Bid No. 5887; and to approve Bid No. 5889 awarding the bids to the low bidders as stated with the exception of Item No. 10 therein, which was awarded to Nelson Electric Supply Company of Lubbock as a result of a draw. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 526 JUN 2 6 1980 Following a fifteen -minute recess, the following business was transacted: 80-39. -526-710 Bid No. 5879 for paving Kingsgate Addition, and consider City's participation based on low (43) bid. Low Bidder Kerr Construction Company, Lubbock, Texas ($22,655.87) The low bidder under this bid for paving in the Kingsgate Addition was the Jake Diel Dirt & Paving Company of Hereford. The developer of the Addition, Cecil Jennings, requested permission to award the bid to the second low bidder, Kerr Construction Company, for the reason that his firm was presently situated adjacent to the proposed tract to be paved and would be more easily accessible; additionally, the time -frame required would allow the second low bidder expediancy in completing the project. Furthermore, Mr. Jennings had indicated that he was not familiar with the work of the low bidder, whereas he had worked on repeated occasions with the second low bidder. Mr. Paul Parkinson appeared on behalf of Mr. Jennings and stated in their presence, for the record, the reasons for Mr. Jennings' request asking that the bid be awarded to the second low bidder; furthermore, he was willing to absorbed the difference of the cost of the paving between the low bidder and the second low bidder. That is to say that the City's proportionate share would remain that portion calculated on the low bid as $22,655.87, whereby Mr. Jennings would absorbed the difference between the two bids. Councilman Brown questioned the wisdom of deviating from the "low bid system" inasmuch as all participants had posted the required bond, the time and expense for calculating their bid, and if all bidders were in accordance with the specifications on the bid, it was his feelings that the bid should be awarded to the low bidder as stated. Some of the responses from other members of the Council indicated that time is of essence to a developer, and if the second low bidder could handle the matter more expediently than the low bidder, the request of the developer should be considered. It was made clear that there was nothing derogatory by inference or public statement as to the quality work of the low bidder. It was the feeling of the majority of the Council that Developer Jennings' request should be honored. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to award Bid No. 5879 to the second low bidder (Kerr Construction Company) at the request of Developer Cecil Jennings; the City's proportionate share would be $22,655.87, as calculated on the basis of the low bid (Jake Diel Dirt & Paving Company, Hereford); and that the difference between the low bid ($703,890.05) and the second low bidder ($708,761.65) will be absorbed by Developer Cecil Jennings. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The Council recessed at 11:40 a.m. for lunch, Work Session items, Executive Session, and considering board appointments, to reconvene at the 1:30 hearing, as posted. 80-39 :--526-711 JJbld­'_­ blab hearing as a reulatory authority to consider'electric rate increases, and (18) consider action. establishing rates. In accordance with Notice published complying with the Open Meetings Act, a public hearing was held at 1:30 p.m. on the above matter. Mayor McAlister announced that the Council sits as the Regulatory Authority and not as the City Council, and that the procedures will be as follows: the representative from Southwestern Public Service would make their presentation, followed by the representative of Lubbock Power and Light, followed by presentation by the Director of Finance J. Robert Massengale, and then interested citizens present in the Council Chambers would speak to the matter. Representatives for Southwestern Public Service were Mr. J. Webb, District Manager, Mr. Gary Diller from the Amarillo Office, and Mr. Carl Reeves, Commercial Manager of the Lubbock Office. The application for a rate increase was filed with the City Secretary on May 22, 1980, and as stated in there, the request for rate increase was based on inflationary cost, the cost of changing to cost resulting from the way of making electricity. Mr. Webb gave a statistical presentation as to comparative costs in 1979 and summed his remarks to the extent that the 7.52% requested increase was reasonable and justifiable, and no increase had been requested since 1975. He further stated that under PURPA each class is evaluated and analyzed on a cost basis separately; that in the past commercial accounts usually carried any residential accounts, but this is not allowed by PURPA any longer, and each class stands on its own cost. Lonnie Hollingsworth, Chairman of the Electric Utilities Board, appeared and recommended that the Board on behalf of the Utility unanimously recommends that the proposed rate increase request of Southwestern Public Service be adopted, and recommends implementation of the requested rate increase as soon as possible. Director of Finance Robert Massengale reported on the rate analysis performed by the staff and indicated that the request is reasonable and that no facts, presented and evaluated, would indicate a denial should be made. Mr. Massengale's report in detail is on file in the Office of the City Secretary. Mr. Bob Green, on behalf of the Lubbock Property Owners Association, appeared to take issue with the request as presented by representatives of both electric utilities and asked the following questions: 1 t) . 'n­ T PJZJ ­1 IZPQ tl,- onma 1,T.Tk -rnf-a9 527 At this point Mr. Green read into the minutes from a 1974 SPS annual report a differentiation of pass -through fuel cost reflecting additional revenues, and questioned the need for the rate increase. Following his statistical presentat Mr. Green stated that the LPOA asked that a total outside audit on LP&L be conducted, said audit to reflect how the rate structure interreacts between LP&L and SPS and that these matters be handled and responded to before a rate increase is approved. Mr. Green's presentation prompted a statistical response from Mr. Webb on behalf of SPS as to the various rates per classification between the City and SPS, and the statistics from which Mr. Green quoted (1974 annual report) is obsolete under the current federal regulations presently in effect. Chairman Hollingsworth took issue with Mr. Green as to the vail hints of improprieties on the part of the Electric Utilities Board; that the alternatives for both utilities is for the curtailment of expenses would require a curtailment of `.services; that such request as stated by Mr. Green, on behalf of LPOA, are items citizens say they want, but or not willing to experience the consequences. Mr. ' Green's rebuttal to Chairman Hollingsworth's comments indicated there were no vail hints of improprieties made, but the LPOA feels the figures and calculations are so complicated that investigation should be made before the rate increase is approved; that it appears unique that both electric utilities would make a request for a rate request simultaneously and immediate action should not be taken. Mrs. Sylvia Freemon, a homeowner, appeared and raised the question about the criteria for cost determination; that it appears that many homeowners are making the sacrifices in the use of energy as requested by governing bodies and yet the calculations would reflect that the same sacrifices are not being considered for all uses of the utilities, and it seemed unfair to ask the homeowners to carry the burden, to which Carroll McDonald, Director of Sales and Service for LP&L, responded that the new rate of 2.62 is an across-the- board rate for all consumers and it does not differentiate by class, as under the previous rate application. Following all appearances and discussion, the hearing was closed at 2:12 p.m. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry that a decision regarding approval of the request and implementation of the proposed rates be delayed until the first Council meeting in July (July 10) to allow time for evaluation of the reports and presentations made by the various representati The motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; Councilwoman Baker voting Nay. 80-39 -527-712 Consider one appointment to the AIRPORT BOARD. Mr. Fred Timberlake has (44) resigned; his term expires 8-11-82. Lynn B. Rowan 3402 - 58th 799-8364 Rowan Electric 1914 Clovis Rd. 763-4223 (to fill the unexpired term of Fred Timberlake, term expiring 8/11/82) 80-39 -527-713 Consider two appointments to the ELECTRIC UTILITIES BOARD. The terms (45) of Al Caviel and John W. Mallory expire 6-30-80. Al Caviel 2401 E. 28th 765-5311 1719 Avenue A 765-7560 John W. Mallory 3104 - 42nd 799-8797 1102 Main 762-0194 Both reappointed for four year terms, terms expiring 6/30/84 80-39.-527-714 Consider two appointments to the BOARD OF TAX EQUALIZATION. Joan Kyre and (46) Bill J. Hackler have resigned; these terms expire 2/22/82, and are reaffirmed by the Council and ratified by the.LISD Board of Trustees annually. Jim Gilbreath 3430 - 56th 792-2926 V.Pres., R.C. Young Seed 642 - 27th 744-1408 Sue Clary (Mrs. Jim) 3001 - 79th 745-5923 Both moved from alternate members to regular member, terms expiring 2/82. j 5 im JUAI 2 6 1980 7- L 7 New Alternates Bill Schwartzenbach 2001 University 762-0504 (Bus) Harris & Cantrell Real Estate 797-0099 (Res) 0. L. Cooper 5330 Kenosha 797-2368 (Res) V.Pres., Texas Bank 762-8811 (Bus) Appointed to fill the unexpired terms ending 2/22/82 80-39 -528-715 Consider two appointments to the LUBBOCK PUBLIC TRANSIT ADVISORY BOARD. The terms of (47) Milton L. Smith and John C. Owens expire 6-24-80. John C. Owens 3307 - 57th Unlisted (reappointed) Lubbock National Bank 762-8800 John Sims 4407 - 15th 795-7855 Attorney 1313 Broadway 763-9555 Both appointed for three-year terms, expiring 6/24/83. The m6ti6n1was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to approve the above referenced appointments. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The meeting was recessed at 2:17 p.m. for Executive Session and a bus tour of the City - owned properties, which is customary to all new staff members and Council members. 80-39 -528-716 Hold a public.hearing to evaluate the Citibus system. (19) In accordance with the Notice posted, according to law, a public hearing was held on the above matter. The hearing was called to order at 5:28 p.m., and Mayor McAlister's opening remarks were that in light of the Transit Advisory Board's presentation made to the Council on June 12, 1980, the public would be allowed to speak first, as registered, and requested the citizens to make the comments as brief as possible, and not to lend themselves to repetition. Appearances: Synda Burks Gilbert Herrera Lynn Witten Terry Bird Mary Vaughn Don Elam Froy Salinas Barbara Luke Leland Pack Karen Hall George Lynn Juan Perez Theala Ogletree Sally Mae Robinson Sister Reina Froppe Joseph Page Mary Page Vee Farmer Bette Damron Frank Zamora Paul Looney Helen Leslie Ron Webb Vera Newsome Sharon Kay Oden Manuel Torres Frank Pierce Joe Gonzales Mr. S. S. Sharma Theresa Troost Robert M. Bethea Jack Grady George Woods Pat Nickell Harold Chatman Charles Dillard 2404 - 10th Director, Auxilio Youth Center 1919 - 17th, Apt. A (works with the blind) 2529 - 52nd (one of several working at the Federal Bldg.) 1715 E. 16th 2515 - 26th State Representative, Dist. 75-B 7712 Louisville Avenue 8014 Raleigh 5402 - 91st (representing Easter Seal of Lubbock County) 5601 Geneva Auxilio Youth Center 2807-B Weber Drive (blind) 2803-C Weber Social Action Services, Diocese of Amarillo 502 Slide Road 502 Slide Road 2024 - 39th 3409 - 86th 4805 -36th Pioneer Retirement Hotel MHMR - 1210 Texas United Political Action League 2804 - 60th (teacher, LISD) 5003 - 54th Reese AFB Employee, Lubbock Gen. Hospital 1713 Spruce Senior Citizen 5204 - 50th 3215 - 38th 5206 - 17th 2212 - 18th League of Women Voters 2316 Date CITIBUS driver Mary Garza 3519 - 13th Peter Spakowski CITIBUS driver Crystal Wommack Wigfall LOIC Counselor Leonard Orr Employee, Lubbock State School Chris Abel Faculty member, Architecture Department, Texas Tech Charlotte Butler 1309 - 24th Place Mary Lou Mohica 2314 Baylor James G. Marshall 2217 - 24th Cecelia Solis 2124 - 33rd Jack Hillar 4905 - 16th Wayne Holder 5002 - 52nd Rev. R. S. Stanley St. Matthew Baptist Church Bill Dean Chairman, Transit Advisory Board Morris Wilkes Vice Chairman, Transit Advisory Board As a summation, the pertinent suggestions and comments made by those listed above) CITIBUS is beneficial to Tech students, the elderly and the low-income for it is the only source of transportation available to them. there is need for extending the hours for working people who work past the present hour the buses stop running. the need for more and more direct routing. CITIBUS allows for the conservation of energy, as requested; it would allow for alternate means of transportation for the individual citizen, if needed. it would cost more to get out of the bus system, than to expand the system; that mass transportation for a city the size of Lubbock is here to stay (Pack). the Council should take a broad forward look and attitude toward the concept of urban transportation (Flynn). give the bus system a special land on thoroughfares --express lanes in certain areas --from the Mall to downtown area (Flynn). bus routing is essential to eliminate need for vehicles; com- munity spirit unity is shattered with automobiles, but the expanded bus system, operating effectively and efficiently, would lend itself to community cohesiveness. direct routing would be advantageous to handicapped (blind, crippled, etc.) for medical appointments, etc. extension of hours to 9:00 - 10:00 p.m., 7-day week (Sister Regina). importance for elected officials to be far-sighted; deficit operation is to be expected during the process (Looney). need of Sunday bus service particularly at the church hour. need of shuttle -bus service from points of centralized parking to TI, other major industries (Clark, Johnson Mfg.), State School, Reese AFB, etc. increase fares would be one way to help increase revenues; for those with no transportation, 504, 75J or even $1.00 is not too excessive. need for route out W. 4th to Reese AFB. Many airmen do not have transportation, and taxi fare is too excessive. exact change required upon boarding. there is no need for a management firm to operate the system; that money could be utilized in other areas (Marshall). there are certain services within a city --although operating at a deficit --that the City needs to provide and subsidize, and public transportation is one of them (Chatman). a grid system would be a natural routing schedule, for the City is designed on a grid system; this has been advocated for many years. lare: to expect 98% of the population of Lubbock to underwrite a public service for 2% of the population is ridiculous (Holder). 530 JUN 2 6 1980 Midway in the presentation, Mayor McAlister interrupted the proceedings to state that it was never the intention of the Council to discontinue CITIBUS; that the Council is concerned about the costs of operation; that it is the desire of the Council to receive as much public input as possible on these matters of grave concern, which is the way the Council learns of the public's feelings. Following all appearances and public comments, Chairman of the Transit Advisory Board Bill Dean appeared, expressing the Board's appreciation for the interest of the citizens present throughout the course of the hearing; that the Board's monthly meetings were open to the public, and any interested citizen is invited; that the staff and Board members have never attempted to conceal any information about the transit system; that the method of reporting this data is a difference in philosphy as to how the data is presented; that he personally did not feel the interest resulting from the federal monies issued under grants should be reflected on the System's financial reporting; but at the request of the Council they have prepared reports in accordances with the two different philosophies. (This information is on file in the Office of the City Secretary --See Resolution No. 551, 6/26/80.) Vice Chairman of the Board Morris Wilkes summed up the presentations reaffirming Chairman Dean's comments. Mayor McAlister's final comment before closing the hearing was to the effect that at the June 12, 1980 Council meeting, some comments were made leaving the impression that the transit system was doing poorly and the Airport Board was making money. These were erroneous and non-factual statements; that the impressions such statements left were inappropriate. There being no further appearances or discussion, the hearing was closed. 80-39 -530-717 Resolution No. 551 (20) A resolution authorizing the Mayor to execute an application for grant assistance in financing .transit capital acquisitions, under Section 5, Urban Mass Transportation Act of 1964. Immediately following the public hearing, the above captioned matter was taken under advisement Councilwoman Baker moved that this item be tabled allowing the Transit Board to consider and study the suggestions made at the hearing, implementing those that are possible in the near future, and report at a later date for further consideration. Motion was seconded by Councilman Brown. Mayor McAlister said he would vote against this motion; that there would always be problems with routing and related scheduling; that he felt the Board had studied all there was to study, and had reported all that there was to report in the manner requested by the Council. Mayor Pro Tem Henry commented that in his opinion, the Board needed money with which to implement and improve the system based on the suggestions made at the hearing; that the Council cannot ask him to study and replow old ground without allowing them flexibility with which to plan and operate. Councilman Aderton indicated that there could not be a plan of operation without involving a certain number of buses which are not available, and we should proceed with the system. Motion did not carry: Councilwoman Baker and Councilman Brown voting Yea; Mayor McAlister, Mayor Pro Tem Henry and Councilman Aderton voting Nay. The motion was then made by Councilman Aderton to accept the Transit Board's recommendation requesting the referenced grant. The motion was seconded by Mayor Pro Tem Henry, WITH THE UNDERSTANDING that the City was not placing an order for any specific number of buses, but just proceed with requesting the grant for operation at this time; that the staff will come back to the Council, if the grant is approved, for further instructions. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (There is on file in the Office of the City Secretary petitions prepared and submitted by various interest groups during the hearing proceedings.) DGV: b s RESOLUTION NO. 551 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR GRANT TO ASSIST IN FINANCING TRANSIT CAPITAL ACQUISITIONS UNDER SECTION 5 OF THE URBAN MASS TRANSPORTATION ACT OF 1964, WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and 11 WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of the project costs; and 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 531 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 contract, or consultants and other services, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the Mayor is authorized to execute and file an application on behalf of the City of Lubbock with the U.S. Department of Transportation, to aid in the financing of 16 buses, spare parts, and land acquisition. 2. That the Mayor is authorized to execute and file with such application an assurance or any other document requirements by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That the City Transit Coordinator is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the appli- cation or the project. 4. That the Mayor is authorized to set forth and execute affirmative minority business policies in connection with the projects procurement needs. 5. That the Mayor of the City of Lubbock is authorized and directed to execute all necessary contracts and documents required by said grant upon its being approved and awarded to the City of Lubbock under the Urban Mass Transportation Act of 1964, as amended. Passed by the City Council this _26th day of ATTEST: June -, 1980. /s/ Bill McAlister BILL McALISTER, MAYOR /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ John L. Wilson John Wilson, Transit Coordinator APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney There being no further business, the motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to adjourn at 7:55 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ILL McALISTER, RXMV ATTEST: Evelyn Gaf:rga, City Sec"reEa -Treasurer READ AND APPROVED THIS 10th DAY OF JULY, 1980. t BILL McALI9TER,_ MAYOR ATTEST: Evelyn Gaff0ka, City Sec fetfare reasurer