HomeMy WebLinkAboutMinutes - City Council - Regular - 6/26/1980jU% 2 6 198Q
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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
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security patrol for two 12-hour surveillance by off -duty police officers. The funding
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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
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overrun for the Lubbock Housing Authority in the sum of $7,622.72, to be funded from the CD
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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
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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
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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