HomeMy WebLinkAboutMinutes - City Council - Regular - 8/14/1980576
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CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
August 14, 1980
9:30 A.M.
The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, August
14, 1980, at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall.
Those present:
Mayor Bill McAlister, Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, Councilman M. J.
Aderton, Councilwoman Joan Baker, City Manager Larry Cunningham, City Attorney John C. Ross,
Jr., and City Secretary -Treasurer Evelyn Gaffga.
Absent: None
80-39A-576-812 The invocation was given by Jim Bertram, Director of Planning.
( 1)
80-39A-576-813 The Pledge of Allegiance to the Flag was given in unison by those present in the Council
( 2) Chambers.
80-39A-576-814 Approval of Minutes Regular Meeting, July 24, 1980
3)
The motion was made by Councilman Brown, seconded by Councilman Aderton 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
80-39A-576-815 Resolution No. 573
( 5)
A resolution honoring J. T. Gunn, and present same.
Mayor McAlister made a special presentation to Mr. J. T. Gunn, an employee of the Sanitation
Department, for a meritorious service in aiding a citizen in distress.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass said resolut
expressing the Council's gratitude to Mr. Gunn for his meritorious service. Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay.
RESOLUTION NO. 573
WHEREAS at 11:15 a.m. on July 3, 1980, Mr. J. T. Gunn, Jr., was engaged in his supervisory
duties as Sanitation Foreman for the City of Lubbock, and
WHEREAS he observed a man suspiciously following a woman on the sidewalk. Mr. Gunn,
continuing to watch the man in the rear view mirror after passing the scene, saw the
man grab the woman and drag her into the alley between 29th Street and 30th Street
on Avenue X, and
WHEREAS Mr. Gunn quickly turned his city vehicle around and drove into the alley, observing
I the man pinning the woman to the ground and holding a knife at her throat, and
WHEREAS the attacker saw Mr. Gunn approaching and ran from the scene while Mr. Gunn used his
two way radio to ask his dispatcher for police assistance,
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Lubbock expresses its
deepest gratitude to Mr. J. T. Gunn, Jr., for displaying the courage and selfless
spirit of helping others in need, and we further speak on behalf of all Citizens
of Lubbock in saying Thank You for caring.
Isl Bill McAlister
BILL MCALISTER
MAYOR
Isl Alan Henry
Alan Henry
Mayor Pro Tem.
Isl E. Jack Brown
E. Jack Brown
Councilman
Isl M. J. Aderton
M. J. Aderton
Councilman
sl Joan Baker
Joan Baker
Councilwoman
80-39A-577-816 Board Appointments
( 4)
Moises Perez
B. C. McMinn
George Miller
Marion Sanford
Kaye Greer
Proclamations
80-39A-577-817 "Bowling Week" - August 24-30, 1980
( 6)
Lubbock Industrial Board
Lubbock Industrial Board
Lubbock Industrial Board
Lubbock Industrial Board
Lubbock Civic Centers Board
Receiving: Bill Bacon, President of Lubbock Bowling Association
Georgia Biggs, President of Lubbock Women's Bowling Asso.
Jan Bacon, Jr. Bowling Association
and others
80-39A-577-818 "Sigma Chi Fraternity Leadership Training Workshop Week" - August 11-17, 1
7)
Receiving: Rod Waheed, President of Local Chapter
Bill Banowsky, Chairman of Local Arrangements Committee
80-39A-577-819 "Frank Kerr Day" - August 14, 1980
(7-A)
Receiving: -Frank Kerr, Owner of Brooks Super Market
80-39A-577-820 "Texas Public Employees' Week" - August 17-23, 1980
(7-B)
Receiving: Don Nash, State Director of all agencies listed below:
_Sam Harper, Texas Employment Commission
-es Turner, TDMHMR
Jim Bob Swinney, Texas Dept. of College & Universities
Faye Mitchell, Texas Dept. of Human Resources,
Jim Archer, Texas Dept. of Health
and others
80-39A-577-821 Phil Hoel to appear to present Parks & Recreation Board's recommendations
8) regarding Meadowbroo-k—dolf Course rates.
Ethel McLeod appeared before the Council on behalf of the Parks & Recreation
Board. A proposed 1980-81 Golf Department budget is $325,701, which is
$94,903 over the projected total revenue estimate of $230,798. The policy
of the City has been that the golf course operate on a break-even basis.
The Parks & Recreation Board recommends that the green's fees and membership
rates be increased to offset a projected deficit for 1980-81, said increase
generating approximately $86,295. The recommendation is that' the daytime
green's fees be increased by $1 and the evening play by 50V; that the starting
time for evening play be moved back one hour to encourage more players; that
the regular membership rate be increased by $40; that a $1 per charge per
player for group play be established; that the Lubbock Independent School
District players of high school teams presently play free of charge and that
they be required to pay a membership fee of $160 per player for eight months
of the year, and any subsequent play would be at the regular rate of the
golf course; and that these new rates become effective August 15, 1980.
Ms. McLeod indicated that with a season of good weather, the above increased
rates would offset the projected deficit. Additionally, the new nine -hole
course will accommodate more players, which will generate more revenue.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry
to accept the recommendations of the Parks & Recreation Board, as stated
above, the effective date being August 15, 1980. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman
Baker voting Yea; none voting Nay.
At 9:50 a.m., Mayor McAlister announced that an Executive Session would be
held to consider land acquisition. This Session is in accordance with
Section 2-F, Art. 6252-17, V.A.T.S.
578
80-39A-578-822 Ordinance No. 8077
( 9)
An appropriation ordinance for preliminary engineering and legal fees for Justiceburg water
rights hearings, (Water Capital Project Fund).
F.11 �1 W.111 = 1111610 I.W.1votel" Ker.4 0 10 1110M
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund, to -wit: Water Capital
Project
The sum $25,000.00
For the following purpose:
For preliminary Engineering and Legal fees for the Justiceburg water
rights hearings. (WWO 11544)
AND IT IS SO ORDERED
Passed by the Council on first reading this 24th day of July 1980.
Passed by the Council on second reading this '14th dayof August 1980.
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
VERIFIED BY:
Isl J. Robert Massengale
J. Robert Massengale, Finance Officer
APPROVED AS TO CONTENT:
Isl Wilford D. Watson
Wilford D. Watson, Water Utilities
;"TRIVA11 F-11 ME ffel WEITIRW V
Isl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
579
AtIG 1 �� 198a .
80-39A-579-823 Ordinance No. 8078
(10)
An appropriation ordinance for appraisal fees for proposed reservoir site
(Water Capital Project Fund).
ORDINANCE NO. 8078
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary"
to appropriate certain specific funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described
fund, to -wit: Water Capital Project
The sum $10,000.00
For the following purpose:
For preliminary costs for purchase of land for water holding
reservoir. (WWO 11545)
AND IT IS SO ORDERED
Passed by the Council on first reading this 24th day of July, 1980.
Passed by the Council on second reading this 14th day of August, 1980.
ATTEST:
/s/ Evelyn Gaffga
CITY SECRETARY-TREAS.
/s/ Bill McAlister
Mayor
VERIFIED BY: /s/ J. Robert Mass
FINANCE OFFICER
le
APPROVED BY: /s/ Wilford D. Watson, WateriUtil.
HEAD OF DEPT. DEPT.
80-39A-579-824 Ordinance No. 8079
(11)
An appropriation ordinance for purchase of 60 MVA power transformer (Bid
#5885) (Electric Revenue Bond Fund).
ORDINANCE NO. 8079
AN APPROPRIATION ORDINANCE
WHEREAS, The City Council of the City of Lubbock finds it is necessary
to appropriate certain specific funds out of bond funds for an approved
project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
There is hereby appropriated out of the following described bond fund,
to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND
The sum $582,200
im
01w,
AND IT IS SO ORDERED
Passed by the Council on first reading this 24th day of July, 1980.
Passed by the Council on second reading this 14th day of August, 1980.
ATTEST:
Isl Evelyn Gaffga
City Secretary -Treasurer
80-39A-580-825 Ordinance No. 8080
(12)
Isl Bill McAlister
MAYOR
VERIFIED BY: Isl J. Robert Massengale
APPROVED BY: Isl Carroll McDonald Elec Util,Sales&S
HEAD OF DEPT. DEPT.
An appropriation ordinance for purchase of sanitation equipment (Bid #5921) (Sanitation
Capital Reserve Fund).
ORDINANCE NO. 808Q
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds for an approved project; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT there BE and is hereby appropriated out of the following described fund., to -wit:
Fund 30 Capital Reserve, the following sum :
6063 : Residential Collections
3 Sideloader packer barrels . . . . . . . . . . . $46,275.00
TOTAL $46,275.00
Such sum is required for the purchase of equipment needed in residential sanitation.
Passed by City Council on first reading this 24th day of July, 1980.
Passed by City Council on second reading this 14th day of August, 1980.
ATTEST:
Isl Bill McAlister
BILL McALISTER, MAYOR
VERIFIED BY:
Isl Evelyn Gaffga /a/ J. Robert Massengale
Evelyn Gaffga, City Secretary-Treas. Robert Massengale, Finance Officer
APPROVED AS TO CONTENT:
Isl Denzel Percifull
Denzel Percifull, Director of Public Services
APPROVED AS TO FORM:
CE
Isl Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
The motion was made by Councilman Brown, seconded by Councilwoman Baker to
pass Ordinance Nos. 8077, 8078, 8079 and 8080 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.
80-39A-581-826 Ordinance No. 8074
(13)
An ordinance annexing land generally described as Lots 23, 24 and 25, 82nd
Acres Addition, to the City of Lubbock.
At the 8:30 Work Session the Council was apprised of the proposed ordinance as
recommended by the Legal Department.
After the first reading of the proposed ordinance on July 24, 1980, the City
Attorney's Office pointed out that the proposed ordinance as amended on that
date was not in compliance with Article 970a(B-1)(a) of the Vernon's Annotated
Civil Statutes which requires any annexed area to have a minimum width of 500'
at its narrowest point. The ordinance as drafted for consideration on second
reading splits Lots 26 and 27 to comply with the State's statutes.
In response to Council query whether or not the proponent, Mr. Patenotte, had
been apprised of the situation, Mr. Bertram, Director of Planning, indicated
that he had been so apprised and had accepted the situation, although he was
not totally happy about the situation.
Mr. Patenotte was in the Council Chambers, and in response to Council query in
whether or not this arrangement, although not good, was acceptable to him, he
responded that of all the alternatives available to him, this would be acceptable
under the circumstances.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to
pass Ordinance No. 8074 as amended, complying with the State's statutes.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and
Aderton voting Yea; Councilwoman Baker voting Nay.
SMT:bs ORDINANCE NO. 8074
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH AREA
IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF
THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE
THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE.
80-39A-581-827 Ordinance No. 8075
(14)
An ordinance establishing speed limit on portions of Avenue H and Texas Avenue,
between 19th and 25th Streets.
SMT:bs ORDINANCE NO. 8075
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF
AVENUE H AND TEXAS AVENUE, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE
BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO
REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION
OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
80-39A-581-828 Ordinance No. 8076
(15)
An ordinance establishing speed limits on Municipal Drive beginning at Loop
289 and extending east to Guava Avenue.
SMT:pc
ORDINANCE NO. 8076
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF
MUNICIPAL DRIVE, AS HEREINAFTER MORE PARTICULARY DESCRIBED IN THE BODY OF THIS
ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTI]
ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY
TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE
PROVIDING A PENALTY; PROVIDNG A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
ON
HBO=
Motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance No.
8075 and No. 8076 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.
80-39A-582-829 Consider the price and conditions of sale of Parcel 5B-16-2B in the Lubbock NDP Urban
(16) Renewal Area.
Redeveloper
Price
Florencio Gomez & wife $1,400.00
Redevelopment
Landscaping and adding to existing
property
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to
approve the price and conditions of the above referenced sale. Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay.
80-39A-582-830 Resolution No. 574
(17) A resolution adoptiEy, an amendment to the Rehabilitation --No Interest Deferred Payment Loan
handbook.
At the 8:30 Work Session, the Council was apprised that the proposed resolution reflected
that the discussion held at the July 24, 1980, Work Session, was to the effect that NIDP
Loans would be repaid either in lump sum or by arrangement through monthly installments in
hardship situations in the event the original property owner dies. Additionally, the Urban
Renewal Agency had recommended that the liens be transferred from the City's jurisdiction
to the Agency's jurisdiction; it was the recommendation of the staff that this recommendation
not be approved.
At the Regular Meeting, it was called to the Council's attention that there were 147 NIDP
Loans to low-income homeowners; that two loans have come due prior to May upon the death of
the original property owner, which had been paid in full. The purpose of the program is to
defer payment until financial resources become available.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution
No. 574 altering the retirement of NIDP Loans upon the death of the property owner, particular]
in hardship cases, and to eliminate any transfer of lien from the City to the Urban Renewal
Agency. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton
and Councilwoman Baker voting Yea; none voting Nay.
SMT:bs
RESOLUTION NO. 574
WHEREAS, the Board of Commissioners of the Urban Renewal Agency of the City of Lubbock
is engaged in the issuance of No -Interest Deferred Payment (NIDP) Loans; and
WHEREAS, the policies and procedures governing the issuance of NIDP loans are set out
in the "Rehabilitation No -Interest Deferred Payment Loan Handbook for the Lubbock Community
Development Program"; and
WHEREAS, the terms of each NIDP Loan do not provide an exception from repayment of the
principal in full upon the occurrence of any one of three specific events; and
WHEREAS, situations do arise where an alternative to foreclosure is desired; and
WHEREAS, the Board of Commissioners of the Urban Renewal Agency of Lubbock has reviewed
and approved a proposed amendment to said Handbook set forth as "Chapter 12. Repayment
Provisions." specifically providing for an installment agreement in specialized circumstances;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the amendment to the "Rehabilitation No -Interest Deferred Payment (NIDP) Loan
Handbook for the Lubbock Community Development Program" as attached in Exhibit "A" BE and
is hereby accepted and approved by the City of Lubbock and is immediately effective.
Passed by the City Council this 14th day of August , 1980.
ATTEST:
/s/ Xyelyn GaftgA, -_
Evelyn Gaffga, City Secretary -Treasurer
APPROVED.AS TO CONTENT:
Isl Bill McAlister
BILL McALISTER, MAYOR
/s/ Vicki Foster
Vicki Foster, Community Development
Coordinator
APPROVED AS TO FORM:
583
AUG z.
1980
EXHIBIT "A"
CHAPTER 12. REPAYMENT PROVISIONS
1. GENERAL. The terms of each NIDP Loan and the accompanying Deed of Trust
expressly provide that the payment of the principal is immediately due
and payable in full upon the occurrence of any one of three following
events:
(1) If the borrower ceases to occupy the property as his personal
residence; or
(2) If the borrower sells, transfers, or conveys the property or
any interest therein or any part thereof by any means to any
person, corporation or other legal entity; or
(3) Upon the death of the borrower.
Situations arise when one of the above three events have occurred where
it doesn't seem desirable to pursue foreclosure proceedings. All of
these are instances in which there exist valid reasons why the borrower
or his family or his estate cannot pay the total amount due on the NIDP
Loan in a lump sum; usually the Deed of Trust held in favor of the City
is a junior lien, subservient to a purchase money mortgage or another
senior lien; a foreclosure sale would not likely yield an amount sufficient
to satisfy all of the liens (and in particular the NIDP loan) in full;
and the borrower or his family or his estate is cooperative and willing
to enter into some agreement with the Public Body to eliminate the need
for foreclosure.
When situations occur like the above, the Local Public Body will examine
each on a case -by -case basis to determine the eligibility for repayment
on a monthly basis and to prescribe the terms and conditions.
In making provisions for these specific situations referred to above, it
is the express policy of the Agency that the primary thrust of intent is
to follow these original conditions and that the exercise of any other
repayment provision is an exception to the rule and is to be applied
only in special instances.
2. ELIGIBILITY. There are three basic requirements for eligibility for
monthly repayment of the NIDP loan.
(1) A legitimate reason exists as to why the borrower, his
family, or his estate cannot pay the total NIDP loan amount in
a lump sum.
(2) The borrower, his family, or his estate must be cooperative
and willing to enter into a repayment agreement to eliminate
the need for foreclosure.
(3) The property must continue in some form of owner -occupancy.
3. TERMS AND CONDITIONS. If a case is considered eligible for monthly
repayment, the Local Public Body will counsel with the person or persons
responsible to make payment and determine the repayment ability. The
interest rate, if any, and the term of the repayment loans will be based
upon the applicant's repayment ability attempting to get the principal
repaid as soon as possible.
4. REVIEW AND APPROVAL. When the terms and conditions for a repayment loan
have been recommended by the Local Public Body, the staff will verify
the socio-economic data necessary for eligibility and will bring the
case to the Repayment Loan Review Committee for approval. If approved
by the Committee, the Local Public Body will recommend that the City
transfer the lien to the Local Public Body (The Urban Renewal Agency of
the City of Lubbock) and the repayment loan will be set up on the Agency
books.
The Repayment Loan Review Committee will consist of the Chairman or
Vice -Chairman of the Agency, the Community Development Coordinator, the
Executive Director or Deputy Director of the Agency, the Director of
Rehabilitation, the Agency's Assistant Executive Director for Planning
and Operations, and a representative of the Agency's Attorney's Office.
The Rehabilitation Director will be the staff person responsible for
presenting the cases and the staff recommendations.
5. COLLECTION PROCEDURES: Monthly payment cards will be made for each
repayment loan and sent to the borrower each year, said cards being very
similar to those supplied by private mortgage lenders including a penalty
added for late payments. The Agency staff would monitor the collections,
and if a loan becomes sixty (60) days delinquent, staff personnel would
make an immediate visit and counsel with the borrower and arrange for
the account to be brought up-to-date.
If a loan becomes ninety (90) days delinquent, it would be considered in
default if no action was taken by the borrower, and foreclosure proceedings
would be considered.
584
AUG, 14 1980
If the owner -occupancy status is changed at any time during the term of the repayment
loan, the total loan becomes due and payable, and foreclosure proceedings would be
considered.
6.. DOCUMENTS: The Agency Attorneys will prepare all instruments of transfer and all
other instruments needed for setting up of the repayment loans and supervise their
execution.
7. REIMBURSEMENT: The Local Public Body, the Urban Renewal Agency of the City of Lubbock,
will contract with the City of Lubbock on an actual cost basis for services rendered
by the Agency staff and the Agency Attorneys in setting up, collecting, and servicing
these repayment loan accounts.
The Agency will pay to the City all principal, interest and/or penalty payments
received once a month.
8. EARLY PAYMENTS. If the borrower at any time in the life of an No -Interest Deferred
Payment Loan wishes to make payment before the three events that cause the principal
to become due and payable, the Local Public Body will accept such payments either in
part or in full and reduce the outstanding principal accordingly. All NIDP Loans are
set up on the Agency books to receive such payments if that is the desire of the
borrowers.
80-39A-584-831 Consider the use of Community Development contingency funds for railroad crossing at North
(18) Avenue U.
At the June 26, 1980 Council Meeting, an agreement was executed with regard to the installat
of a railroad crossing signal at North Avenue U. The City will receive approximately
$80,000 to install a cantilever crossing signal at this location. The cantilever signal
will replace the pedestal -type flashing signal now in effect; the cost of installation to
the City will be approximately $4,000. Because of the location, Community Development
funds are applicable and the referenced sum for installation is available and has been
approved by the CDAC at their July 22, 1980 meeting, unanimously.
The motion was made by Councilman Brown, seconded by Councilman Aderton to approve the use
of Community Development Contingency funds in the amount of $4,000 for the purpose of
installing the cantilever traffic signal at the railroad crossing at North Avenue U.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and
Councilwoman Baker voting Yea; none voting Nay.
80-39A-584-832 Consider an ordinance amending Chapter 28.65 of the Code of Ordinances revising trench
(19) filling requirements and cost of billing for paving repairs for utility cuts.
At the 8:30 Work Session, the Council was apprised of the fact that there needs to be some
source of authority by which the City is reimbursed cost for cuts in the pavement for
utility repair or extension purposes; that there is in effect now some charge to the
respective company requiring the pavement cut, but there is no set formula for recovering
cost and it has been the custom in previous situations that the City has subsidized these
costs.
The discussion in Work Session reflected the concern of the Council in the content of the
ordinance, whereby there is no set formula whereby the respective companies/contractor can
determine the exact cost for which he will be charged, and their concern was the practicality
of an "open end" ordinance, as reflected in the proposed document. After considerable
discussion, the City Attorney recommended that a formula be inserted into the ordinance
reflecting the proposed cost for such a pavement cut, whereby the respective companies/contra(
could determine the projected cost for such a pavement cut, and whereby the City could be
reimbursed for its projected cost without subsidizing the project in any manner.
By CONSENSUS, the item would be held until some concrete wording could be submitted for
consideration.
At the Regular Session, the above facts were briefly stated; that the basic criteria for
determining the paving cut cost would be: (1) a minimum paving cut size of 50 square
feet; (2) a maximum paving cut size of 2,000 square feet be the largest cut that could be
repaired in a typical work day; (3) that a typical four -man repair crew be used on an
hourly labor cost basis of $27.33; (4) that three types of paving cuts are found to be
typical --asphalt only, concrete only, asphalt and conrete; (5) typical equipment requirement
be determined for each repair project with realistic costs and hourly rates included; (6)
that appropriate graphs, charts and other supportive documents be provided the company/contra(
contemplating such,a paving cut request; (7) paving cuts for brick streets would be
handled on an individual basis.
The staff's recommendation was to delay any action on this matter until research in depth
could be completed, whereby the appropriate formula, as suggested could be submitted for
their consideration.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to postpone any
further consideration on the above matter at this time allowing the staff to complete
their research, and submit further documentation in regard to this; that the matter be
placed on the August 28, 1980 agenda for consideration. Motion carried: Mayor McAlister,
Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
N
r
585
ZMEHMIJ
80-39A-585-833 Resolution No. 575
(20)
A resolution making a formal offer fora parcel of land out of Section 7,
Block B, and authorizing condemnation proceedings, if necessary.
The property owner is J. M. Wheat and the recommended offer is $15,064;
there is 6,864 square feet involved and the parcel is needed for the alignment
of Avenue K and Avenue L Street Improvement Project; the property is located
on the southeast corner of 29th Street and Avenue L; W. M. Noble was the
appraiser.
JWF:bs RESOLUTION NO. 575
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located
in Lubbock County, Texas, has determined and does hereby determine the
public needs, safety, and welfare demands and creates a public necessity
for the constructing, reconstructing, expansion, realligning, and improvement
of public streets, to -wit: Avenues K and L, in said City creating a need
for additional land by said City to accomplish such purposes and this City
Council of said City finds it to the best public interest and for public
purposes and municipal purposes to proceed with the acquisition of lands as
needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described
real estate located in Lubbock County, Texas, be acquired for public purposes
and municipal purposes as set forth in the preamble hereof, to -wit:
A tract of land located in Section 7, Block B, TTRR Survey, Lubbock
County, Texas, Texas Avenue Addition to the City of Lubbock, Lubbock
County, Texas, and being more particularly described as follows:
COMMENCING at a point in the South line of 29th Street, 8.5 feet southeast
from and measured at right angles to the centerline of the Fort Worth and
Denver Railway Company's Track No. 7;
THENCE southerly, parallel to and 8.5 feet easterly from the centerline
of said Track No. 7, and along a curve to the left, having a radius of
1424.19 a chord distance of 125.60 feet to a point;
THENCE S. 71027' E. a distance of 6.5 feet to a point;
THENCE southerly, parallel to and 15.0 feet easterly from the centerline
of said Track No. 7, and along a curve to the left, having a radius of
1417.69 feet a chord distance of 106.80 feet to the East line of an
Easement granted to the City of Lubbock, December 30, 1940, for Avenue
"L" extension;
THENCE north, with the East line of said Easement a distance of 213.22
feet to a point;
THENCE N. 20026' E. 9.21 feet to a point; said point being in the south
line of 29th Street;
THENCE E. 65.62 feet to the POINT OF BEGINNING.
SECTION 2. THAT the owners of said land including J. M. WHEAT, BE
offered through the Right -of -Way Department of the City of Lubbock the
amount of $15,064.00, which is the amount appraised as the value and total
damages for the fee simple title and acquisition of said real estate hereinab
described for the purposes herein stated, for the use and benefit of the
City of Lubbock, located in Lubbock County, Texas, and unless accepted
forthwith the City Attorney of said City of Lubbock is hereby authorized
and instructed to institute condemnation (eminent domain) proceedings to
acquire the fee simple title to said land as hereinabove described for
public purposes and municipal purposes.
Passed by the City Council this 14thday of August , 1980.
/s/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Tom Nivens
Tom Nivens, Right -of -Way Agent
Fly
APPROVED AS TO FORM:
Isl J. Worth Fullingim
.T_ Wnri-b FnIlingim- A-,-,t- Citv Attornpv
W.'rol
17
80-39A-586-834 Resolution No. 576
(21)
A resolution making a formal offer for a tract of land out of Section 43, Block
A, H.E.&W.T.RR. Co. Survey, and authorizing condemnation proceedings if necessary.
The property owners are Lois Cone Bates and Betty Lour Petree, Trustees, and
Marie Louise Abell Butler and Mercantile --Safe Deposit & Trust Company, Trustees for the
Estate of Arunah S. Abell, III; the proposed offer is in the sum of $262,497; the property
is located adjacent to the Lubbock International Airport, said properties needed for an
extension of the east -west runway, and is comprised of 195 acres; there is a small frame
house and a storage shed located on the premises; W. M. Noble was the appraiser.
In response to Council query, only one appraisal was secured on both of the above referenced
properties; the previous policy had been to secure not less than two and preferably three
appraisals, from which was selected the best offer to be made; it was suggested by the
Council that this policy be re-enacted on all matters appraised in the future. Councilwoman
Baker indicated she would be amenable to action on these two matters at this time, but
indicated she would reserve the right to reconsider them at a later time upon reviewing
other information submitted by Staff; her request was approved.
JWF: dh
RESOLUTION NO. 576
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock
County, Texas, has determined and does hereby determine the public needs, safety, health
and welfare demands and creates a public necessity for the constructing, reconstructing,
and expansion and improvement of the airport facilities and runways of said City for the
improvement of aviation transportation into and out from said City creating a need for
additional land by said City to accomplish such purposes and this City Council of said
City finds it to the best public interest and for public purposes and municipal purposes
to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described real estate
located in Lubbock County, Texas, be acquired for public purposes and municipal purposes
as set forth in the preamble hereof, to -wit:
A tract of land out of Section 43, Block A, H.E. & W.T. R.R. Co. Survey, Lubbock
County, Texas, and being more particularly described as follows:
BEGINNING at a found 3/8" iron rod, the Northwest corner of Section 43,
Block A, for the Northwest and beginning corner'�of this tract;
THENCE South along the West line of Section 43, Block A, 120.19 feet
to a point, for a corner of this tract;
THENCE East, 30.0 feet to a point, the P.C. of a curve to the left
and a corner of this tract;
THENCE Southeasterly along the arc of a curve to the left, an arc
distance of 156.84 feet to the P.T. of said curve, and a corner of this
tract; said curve having a radius of 199.7 feet, a central angle of
45'00'00" and a chord that bears South 22'30100" East, 152.84 feet;
THENCE South 45'00" East, 404.53 feet to a point, for a corner of this
tract;
THENCE East 1458.46 feet to a point, for a corner of this tract;
THENCE South, 900.0 feet to a point, for a corner of this tract;
THENCE West, 1458.46 feet to a point, for a corner of this tract;
THENCE South 45'00'00" West, 404.53 feet to the P.C. of a curve to the
left, and a corner of this tract;
THENCE Southwesterly along the arc of a curve to the left, an arc distance
of 156.84 feet to the P.T. of said curve and a corner of this tract, said
curve has a radius of 199.7 feet, a central angle of 45*00'00" and a chord
that bears South 22'30'00" West, 152.84 feet;
THENCE West, 30.0 feet to a point in the West line of Section 43, Block A,
for a corner of this tract;
THENCE south along the West line of Section 43, 72.74 feet to a railroad
spike set for the Southwest corner of this tract;
THENCE South 89'56'00" East at 5240.00 feet pass a 3/8" iron rod, contin-
uing for a total distance of 5280.0 feet to a 3/8" iron rod set in the
East line of Section 43, Block A, for the Southeast corner of this tract;
THENCE North along the East line of Section 43, Block A, 1953.6 feet to a
1/2" iron pipe, found for the Northeast corner of Section 43, and the
Northeast corner of this tract;
SECTION 2. THAT the owners of said land including Lois Cone Bates
and Betty Lour Petree, Trustees and Marie Louise Abell Butler also known as
Mary Louise Abell Butler and Mercantile - Safe Deposit & Trust Company,
Trustees for the Estate of Arunah S. Abell, III and heirs of Arunah S. Abell
III. BE offered through the Right -of -Way Department of the City of Lubbock
the amount of $262,497.00, which is the amount appraised as the value and
total damages for the fee simple title and acquisition of said real estate
hereinabove described for the purposes herein stated, for the use and benefit
of the City of Lubbock, located in Lubbock County, Texas, and unless accepted
forthwith the City Attorney of said City of Lubbock is hereby authorized and
instructed to institute condemnation (eminent domain) proceedings to acquire
the fee simple title to said land as hereinabove described for public purposes
and municipal purposes.
Passed by the City Council this 14th day of August , 1980.
/s/ Bill McAlister
Bill McAlister, Mayor
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
APPROVED AS TO CONTENT:
Isl Tom Nivens
Tom Nivens
Right -Of -Way Department
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry
to pass Resolution Nos. 575 and 576, as stated above, authorizing the
stated offers for the respective parcels, and authorizing condemnation
proceedings, if necessary. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
Later in the proceedings, Councilwoman Baker indicated she had reviewed the
additional information and did not wish to reconsider these matters further.
80-39A-587-835 Consider a resolution authorizing the Mayor to execute a Joint Dedication
(22) Deed in Shadow Hills Addition (North Fulton Avenue and Erskine Street Fire
Station site).
80-39A-587-836 Consider an appropriation ordinance from Fire Department Bond Funds for
(23) iarovements required for platting fire station site in Shadow Hills Addition
(Fire Dept., Bond Fund).
The referenced joint dedication deed with Northwest Developers allows the
City and the Corporation to adopt a plat of Shadow Hills, comprised of Tract
A, which is the proposed fire station site, and Tract B, and Lots 1-187.
The fire station site was purchased in May of 1980 from Northwest Developers,
Inc. The cost of water and sewer are based on ordinance rates per front
foot and the paving costs are based on the quantities adjacent to the fire
station site. The City's pro rata share is:
1. Pro rata water costs $ 2,540.55
2. Pro rata sewer costs 2,446.45
3. City's portion of the
contracted paving 4,353.86
4. City's pre -paid paving
costs on Erskine Street (asphalt
only) 7,361.36
TOTAL $16,702.22
587
AUG 14 1980
80-39A-587-837
(43)
Councilwoman Baker indicated that it was her understanding that the developer
was to absorb all costs of replatting in the amount stated above, and questioned the
approval of the referenced sum from the Fire Department Bond funds; the response from the
staff was to the effect that the developer had absorbed all the preliminary platting
costs, but this phase of the project was to be shared with the City.
By CONSENSUS, the above referenced matters were held and will be considered at the August
28, 1980, Regular Session of the Council.
Resolution No. 586
A resolution authorizing the issuance of revenue bonds by the Lubbock Industrial Development
Corporation.
Mr. B. C. "Peck" McMinn appeared on behalf of the Lubbock Industrial Development Board
for the purpose of requesting the Council's approval of the sale of Industrial Revenue
Bonds which are tax free, said transaction being in accordance with Article 5190.6,
Vernon's Annotated Civil Statutes; that the application for such funds be submitted by
Simmons Oil Company d/b/a Lubbock Plains Coop in the amount of $4,000,000, the monies
needed to build additional storage facilities to be located on East 19th Street, adjacent
to but separate from the oil mill; that it is necessary to deliver the cotton.seed by
dump trucks to the mill rather than using a conveyor belt; that the additional facilities
will retain current personnel and will create 20 new jobs; that the bonds are issued on
the basis of the Company's credit only and there is no financial obligation on the part
of the City.
Based upon the Board's recommendation, the motion was made by Councilman Aderton, seconded
by Councilman Brown to pass Resolution No. 586 authorizing the issuance of the Industrial
Revenue Bond to the application, stated above. Motion carried: Mayor McAlister, Mayor
Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
DGV: dh
RESOLUTION NO. 586
A RESOLUTION by the City Council of the City of Lubbock, Texas,
relating to the industrial or manufacturing project for the
use of Lubbock Cotton Oil Company and Simmons Cotton Oil
Mills; approving and providing for the issuance of bonds.
WHEREAS, the Lubbock Industrial Development Corporation (the
"Corporation") has been heretofore created and established under the Development Corporation
Act of 1979 (the "Act") and has entered into a contract (a copy of which is on file with
the City Secretary of this City) with Lubbock Cotton Oil Company and Simmons Cotton Oil
Mills whereby the Corporation has agreed to issue its revenue supported bonds for the
purpose of defraying a part of the cost of acquiring land, buildings, facilities and
improvements found by the governing body of the Issuer to be required and suitable for
the promotion of industrial development and for use by a manufacturing or industrial
enterprise; and
WHEREAS, the said Authority has adopted a resolution to authorize the issuance of
bonds for the aforesaid purpose and has filed a copy of the same with the City Secretary
of the City of Lubbock as well as with the Secretary of its Board of Directors, and it is
now proper for this Council to approve the bond resolution as authorized by Section 25(f)
of Article 5190.6, V.A.T.C.S.; NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: That the prior agreement of the Corporation (the Issuer) to issue
bonds in the amount of $5,000,000 for the purpose of defraying a part of the cost of
acquiring land, buildings, facilities and improvements found by the governing body of the
Issuer to be required and suitable for the promotion of industrial development and for
use by a manufacturing or industrial enterprise and the said resolution providing for the
issuance of bonds to provide for the Project, as defined in the Act, are hereby approved,
subject to final approval by the Texas Industrial Commission of said bonds in said amount.
SECTION 2: The approval herein given is by virtue of the provisions of Section
25(f) of the Act, and is not to be construed as any undertaking by the City of Lubbock.
The City, as sponsor of the Issuer is governed by the provisions of the Texas Constituti(
(Article XI, Section 5 and 7) which prohibit the creation of debt (any obligation payable
from ad valorem taxes that is not payable within the current fiscal year) without provision
being made for its payment for the levy of taxes at the time the obligation is incurred.
This City has made no tax levy for the payment of any obligation hereunder and has expressly
refused to make any such tax levy nor will it ever apply any other of its funds for such
purpose.
The holders of bonds shall look only to the funds established by the Indenture for
the payment of the obligation evidenced thereby and by the attached interest coupons.
None of the bonds constitute a debt of the State, the City of Lubbock, the Issuer or
of any other political subdivision or agency of this State or a pledge of the faith and
credit of any of them, but such bonds and interest thereon shall be payable solely from
the said revenues and funds which are pledged to such purpose in the Indenture. Neither
Issuer or any political subdivision or agency of the State shall be obligated to pay the
/I
588
80-39A-588-838
(24)
same or the interest thereon from any other source; neither the faith and
credit nor the taxing power of the State, the City of Lubbock or any political
subdivision or agency thereof is pledged to the payment of the principal of
or the interest on such bonds.
Passed by the City Council, this 14th day of August , 1980.
/s/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/s/ Evelyn Gaffga
EVELYN GAFFGA, CITY SECRETARY -TREASURER
APPROVED AS TO FORM:
Isl Donald G. Vandiver
DONALD G. VANDIVER, ASST. CITY ATTORNEY
*NOTE: A copy of Memorandum of Agreement is attached to Original Resolution
No. 586.
Resolution No. 577
A resolution authorizing the Mayor to execute an agreement with the Texas
Parks & Wildlife Department for a grant for the Burl Huffman Athletic Complex.
On July 12, 1979, the Council authorized a $218,525 grant application from
the Heritage Conservation and Recreation Service for the purpose of developing
the Burl Huffman Athletic Complex. Subsequent to this action, these funds
were frozen by President Carter, and at the April 24 and May 8, 1980 Work
Sessions, the Council approved the transfer of $250,000 in Revenue Sharing
Funds for the Athletic Complex.
On July 25, 1980, the Mayor received word that these funds had been released,
and the grant as applied for, had been approved; that the requested action
is for the purpose of entering into an agreement with the Texas Parks and
Wildlife Department for use of the $218,525 grant fund. In response to
Council query, the Revenue Sharing funds previously allocated for this
project will be released for reallocation.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton
to pass Resolution No. 577. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
AA:bs RESOLUTION NO. 577
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 Texas Parks and Wildlife Department for a Heritage Conservation and
Recreation Service grant and related documents, copies of which are 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 14th day of August '1980.
Isl Bill McAlister
ATTEST: BILL McALISTER, MAYOR
Isl 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 Angela Adams
Angela Adams, Asst. City Attorney
*NOTE: Agreement and related documents are attached to original Resolution.
9M
AUG I 11980
80-39A-589-839
(25)
80-39A-589-840
(26)
Resolution No. 578
A resolution authorizinr, the Mayor to execute a grant contract to conduct a heat crises
program.
The Community Services Department has been granted $39,000 to be used to assist low-income
households during the peak crises, said assistance to be in the sum of $100 per household
to be applied to utility bills and an additional $100 per household for the acquisition of
cooling devices; this program is administered through the State Department of Community
Services; there is in existence a program of similar assistance, and this is merely an
addendum to the existing program.
In response to Council query regarding the criteria for the eligibility of this assistance,
it was the staff's response that the income of the applicant, the size of the need, and it
was on a first -come, first -served basis, all decisions to be made by the Community Services
Director, all of which were in accordance with the Federal guidelines.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution
No. 578 implementing the above program. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry and Councilman Aderton voting Yea; Councilman Brown and Councilwoman Baker voting
Nay.
DGV:bs
RESOLUTION NO. 578
WHEREAS, the City Council deems it to be in the best interests of the health, safety
and welfare of the citizens of the City of Lubbock to make available assistance in obtaining
cooling devices and utility payment assistance due to the recent excessively hot temperatures
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 an application for a Community Services
Administration Grant for a Local Initiative Program (Heat Related Crisis), 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 14th day of August 1980.
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffaa
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Denzel Percifull
Denzel Percifull, Director of Public Services
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
*NOTE: Copy of Application for Community Action Program is.attached to original Resolution.
Ordinance No. 8081
An ordinance abandoning and closing portions of streets, alleys and public easements in
University Pines Addition.
The proposed ordinance closes portions of streets, alleys and easements in University
Pines Addition, west of University Avenue between 94th and 95th'Streets. The proposed
action becomes necessary due to a platting error on the part of a fence company, which
installed fencing 10' into the alley on Lots 254 and 258; the owners of these lots agreed
to this abandonment. Lots 205-210 still belong to the developer and are vacant.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance
No. 8081 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
Mill
ISM
JWF:bs ORDINANCE NO. 8081
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREETS,
ALLEYS, AND PUBLIC EASEMENTS IN A PART OF UNIVERSITY PINES ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN
THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THOSE
CERTAIN STREETS, ALLEYS, AND PUBLIC EASEMENTS; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
80-39A-590-841 Resolution No. 579
(27) —
A resolution accepting a warranty deed conveying a parcel of land out of Lot
45, James Subdivision. _
The parcel is out of Lot 45, James Subdivision --the south 200'--bearing the
municipal street address of 5206 King Avenue, which lies between East 52nd
and East 54th Streets. Mrs. Grace Waggoner is the property owner and offers
the property to the City in exchange for a waiver of any claims which might,
be against her property; the lot is zoned for R-1 residential.
In response to Council query, the staff recommended it has not been the
policy of the City to accept such offers unless the property is suitable for
future City growth and development; that in all likelihood, this property is
situated to where it would not be advantageous for the City to use it in a
beneficial way; that there is in existence some weed -mowing liens and past
due taxes against the property; and it is the staff's recommendation that the
offer be declined.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to
DECLINE the offer of Mrs. Grace Waggoner regarding the referenced parcel of
land out of Lot 45, James Subdivision. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay.
80-39A-590-842 Resolution No. 580
(28) __...
A resolution authorizing the Moor to execute an addendum to a Lease Agreement
between the City and Standefer and Grey, Inc.
For the City to participate in the construction in the pump station and
effluent line to the Wilson Project Disposal site, an addendum to the existing
contract with Standefer and Grey, Inc. is necessary to assure that wastewater
under contract be delivered to the Wilson site; that the water available be
divided between Standefer and Grey, Inc./Lubbock Christian College Institute
of Water Research on a 55%-45% basis; that the City may use the effluent
water for its purposes in the amount supplied to the Wilson project without
any payment of royalty or service to the Standefer and Grey, Inc.; that an
agreement between Standefer and Grey and Lubbock Christian College Institute
of Water Research be entered into to determine who gets what water when, and
that one person, agreed to by the two parties, notify the City where the
water is to be delivered.
JCR:cl
RESOLUTION NO. 580
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Addendum to
the Lease Agreement between the City of Lubbock and Standefer and Gray, 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 14th day of August ,1980.
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
/s/ Bill McAlister
BILL McALISTER, MAYOR
*NOTE: Addendum to Lease Agreement is located"in,.vault.
591
AUG 1 t 1980
F�l
80-39A-591-843
(29)
80-39A-591-844
(30)
Resolution No. 581
Reso 581 (8/14/60): See also
Ord. 8231 (9/10/81)
Ir
A resolution authorizing the Mayor to execute a reclaimed water lease agreement with LCC
Institute of Water Research.
This contract with LCC Institute of Water Research runs with the land whereby the City is
allowed to utilize 4,000 acres at Wilson for the next 18 years for the disposal of sewage
effluent; that the Institute will transfer title of the pipeline and pump station to the
City at such time as the Institute receives title; that the Institute or its successor
will agree to accept any and all effluent in whatever quantities are delivered to them and
dispose of this effluent in a satisfactory manner; that the payment schedule for the
$623,398 to be paid to the Institute is as follows:
$150,000
September
1, 1980
200,000
September
1, 1981
200,000
September
1, 1982
73,398
September
1, 1983
The referenced payment schedule is in accordance with the'EPA; the agreement further
states that the City retains the right to utilize 100% of the effluent either for its own
use or for sale to industries.
JCR.:cl _ RESOLUTION NO. 581
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 Waste Water Lease Agreement between the
L.C.C. Institute of Water Research, Lubbock Christian College Investment Corporation, J.E.
Hancock and wife Eileen Hancock and 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 14th day of August '1980.
/s/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
*NOTE: Contract is located in the vault, City Secretary's Office.
Councilwoman Baker requested permission to abstain; permission granted.
The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution
Nos. 580 and 581, under the terms and conditions as stated above. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay;
Councilwoman Baker abstaining.
Consider accepting the 82nd Street water supply and distribution line and authorize final
payment to the contractor.
The contract is in the amount of $480,337.47; the final cost is $464,631.90; the final
payment due the contractor, Panhandle Construction Company, is in the amount of $29,347.64.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to accept the
referenced improvements and 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.
80-39A-591-845 Ordinance No. 8082
i (31)
An ordinance amending Chapter 34.10 of the Code of Ordinances concerning water rates.
With the passage of the August 9 Bond Election, it is necessary to increase the existing
water rates to cover the payment of these bonds, said increased rate amounting approximately
10% above the present rate, effective October 1, 1980. It is recommended that an additional
592
10% increase be effective on the first billing in October, 1980, and an
additional 10% in October, 1981, and an additional 5% effective October 1,
1982, said increases being as follows:
# of
Gallons
lst 1,000
Next 49,000
Next 200,000
Over 250,000
Rates Effective
October, 1980
$3.75
.77
.66
.62
Additional 10%
Increase 1980
$4.50
.93
.80
.75
The motion was made by Councilman Brown, seconded by Councilman Aderton to
pass Ordinance No. 8082 effectuating the proposed increase in water rates as
approved by the voters of the August 9, 1980 Bond Election. Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and
Councilwoman Baker voting Yea; none voting Nay.
DGV/p.g ORDINANCE NO. 8082
AN ORDINANCE REVISING WATER RATES AS CONTAINED IN SECTION 34-10 OF THE
LUBBOCK CITY CODE; REVISING THE MINIMUM WATER RATES AS CONTAINED IN SECTION
34-11 OF THE LUBBOCK CITY CODE; REVISING WATER RATES AS APPLICABLE TO TEXAS
TECH UNIVERSITY AS CONTAINED IN SECTION 34-12 OF THE LUBBOCK CITY CODE; AND
PROVIDING FOR PUBLICATION.
80-39A-592-846 Ordinance No. 8083
(32)
An appropriation ordinance for the purchase of land and right-of-way for a
230,000 volt transmission line and substation (Electric Capital Projects
Fund).
The requested appropriation is in the amount of $100,000 for the purchase of
three acres of land adjacent to Holly Plant, which belongs to the Case
Tractor Company, for the purpose of placing a switching station that will
house the transformer and switches for the LP&L end of the 230,000 watt
interconnect between Holly Avenue Plant and the Southwestern Public Service
Jones Station, an approximate distance of three miles. The appropriation
also covers the cost of a fence and the remaining right-of-way along the
transmission line.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to
pass Ordinance No. 8083 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. 8083
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary
to appropriate certain specific funds out of capital project funds;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out the following described bond fund, to -wit:
CAPITAL PROJECT FUND
The sum $100,000
For the following purpose:
For purchase of land adjacent to Holly Avenue Generating Station for expansion
of the switchyard and for right of way from Holly Plant to Southwestern Public
Service. Company's Jones Station for 230,000 volt interconnect.
AND IT IS SO ORDERED
Passed by the Council on first reading this 14th day of August, 1980.
Passed by the Council on second reading this day of , 1980.
ATTEST:
CITY SECRETARY -TREASURER
VERIFIED BY: /s/ J. Robert Massengale
FINANCE OFFICER
Elec.
APPROVED BY: /s/ Carroll McDonald,Sales
HEAD OF DEPT. DEPT.
7tilities
x Service
593
80-39A-593-847 Consider authorizing the Mayor to execute a Letter Agreement with Pioneer
(33) Natural Gas to extend the contract for one year.
The City's contract with Pioneer Natural Gas Company is a 5-year contract
with an evergreen clause whereby an additional year may be added each year so that the
contract is always for a 5-year period. Pioneer has agreed to the extension from December
31, 1985 to December 31, 1986. The Electric Utilities Board recommends the proposed one
year extension.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton authorizing the
one year extension as recommended by the Electric Utilities Board. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting
Yea; none voting Nay.
80-39A-593-848 Consider repair of excitation system on Holly Steam Unit No. 1.
(34)
Previously, the Council approved $33,091 for replacement parts to the exciter system at
Holly Steam Unit No. 1, said funds being available in the maintenance contract of the
1979-80 budget. The repairs had been made on a temporary basis and the replacement parts
needed will require a delivery time of 60 weeks. Inasmuch as the interconnect with Southwest(
Public Service will not be available until April, 1982, it is recommended that the system
at Holly Unit No. I be repaired in a more substantial and reliable manner before the heavy
demands in the summer of 1981. General Electric Company has proposed a different system
be installed, which would require a 26-35 week delivery. The present system is a rotating
excitation system, and the alternate system is a static excitation system. The static
system could be purchased for $86,778, the additional funds being available in the 1979-80
budget. The static system would save $184,813 on a 20-year useage. The expected life of
the Holly Steam Unit No. 1 is 35 years, said unit being installed in 1965, and therefore
there remains 20 years of useful service.
There being very little choice to the Council, reluctantly, the motion was made by Mayor
Pro Tem Henry, seconded by Councilman Brown to authorize the repair of the excitation
system at Holly Steam Unit No. 1, installing the static system referenced above. Motion
carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman
Baker voting Yea; none voting Nay.
80-39A-593-849 Resolution No. 582
(35) A resolution canvassing the votes of the CITY OF LUBBOCK SPECIAL BOND ELECTION, held
August 9, 1980
The City Secretary reported that the votes had been canvassed reflecting the total ballots
cast--5,469; total votes for the issuance of $21,000,000 of Water Works Improvement Bond--
5,011; total votes against the issuance of the referenced bonds--437. The total votes
recorded were 5,448. The difference of 21 ballots had been accounted for and all documentati(
was in order.
Mayor Pro Tem Henry expressed the Council's appreciation to the Water Resources Board and
to the news media for their fine support and coverage of the election and to the best of
his knowledge never before had the voters' intent and support (9-1 in support of the
issue) ever been recorded. Mayor Pro Tem Henry moved that the Council pass a resolution
expressing its gratitude to all parties concerned for the good cooperation and support
resulting in the success of the Bond Election, said resolution to be considered at the
August 28, 1980 Regular Meeting. The motion was seconded by Councilman Aderton. Motion
carried: Mayor McAlister, Mayor Pro Tem Henry, CouncilmenBrown and Aderton and Councilwoman
Baker voting Yea; none voting Nay.
The Council reviewed the canvass of the votes as prepared by the City Secretary, and
approved same. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker
to pass Resolution No. 582 reflecting the above stated results of the August 9, 1980
Special Bond Election. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
DGV:bs RESOLUTION NO. 582
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A BOND ELECTION HELD
ON AUGUST 9, 1980.
BE IT REMEMBERED THAT on the 14th
of Lubbock met at 9:30 o'clock
place of the City Council in the City
members present, to -wit:
Mayor Bill McAlister
Mayor Pro Tem Alan Henry
Councilman E. Jack Brown
day of August, 1980, the City Council of the City
A M. in special session at the regular meeting
Hall of the City of Lubbock with the following
Councilman M. J. Aderton
Councilwoman Joan Baker
On motion of Mayor Pro Tem Alan Henry -, seconded by Councilwoman
Joan Baker it is unanimously carried that the returns of the Bond Election
held August 9, 1980, for the authorization to issue $21,000,000 general obligation bonds
for public improvements, to -wit: constructing improvements and extensions
to the City's waterworks system, be opened and canvassed, and the results
thereof declared therefrom; and said returns having been duly canvassed, it
is found that the vote on the issue was as follows:
"THE ISSUANCE OF $21,000,000 WATERWORKS IMPROVEMENT BONDS AND THE LEVYING OF
THE TAX IN PAYMENT THEREOF":
VOTES FOR: 5,011
VOTES AGAINST: 437
And it further appearing that said election was duly held as provided by law
and that a majority of votes cast were in favor of the issue; and therefore
said issue was passed by the qualified voters of the City of Lubbock;
IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF
THE CITY OF LUBBOCK:
THAT "THE ISSUANCE OF $21,000,000 WATERWORKS IMPROVEMENT BONDS AND THE
LEVYING OF THE TAX IN PAYMENT THEREOF" was duly approved by the qualified
voters of the City of Lubbock in the Bond Election held August 9, 1980.
PASSED,, APPROVED AND ADOPTED ON MOTION OF Mayor Pro Tem Henry
SECONDED BY Councilwoman Baker THIS I H DAY OF AUGUST, 1980, BY
THE FOLLOWING VOTE:
COUNCILMEN VOTING "AYE": Mayor Bill McAlister, Mayor Pro Tem Alan Henry,
Councilman E. Jack Brown, Councilman M.J. Aderton, Councilwoman Joan Baker
COUNCILMEN VOTING "NAY": None
Isl 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, Assistant City Attorney
80-39A-594-850 Consider adopting rules and procedures for PURPA hearings, designating the
(36) Hearings Panel and appointing the Hearings Officer.
At the July 24, 1980 Regular Meeting, the Council, sitting as the Regulatory
Authority, approved the hearings for the electric and gas utility companies,
said hearings to be conducted under PURPA guidelines; that a Hearings Panel
comprised of two representatives each of LP&L, Southwestern Public Service
and Pioneer Natural Gas be appointed to hear the evidence submitted, the
seventh member of the Panel being a representative of the Council sitting as
the Regulatory Authority; that a Hearings Officer be appointed, said Officer
being a person in the community, with knowledge of parlimentary procedures
and without conflict of interest; that the times, dates and location of the
hearings were established at the July 24 meeting and can be referred to in
the minutes of said meeting; that following the submission of all testimonial
evidence, to be recorded by an official court reporter, the Council, sitting
as the Regulatory Authority, would evaluate all documentation and testimonies
before making the subsequent determination.
David Reagan, Assistant City Attorney, appeared before the Council to apprise
them that there are three areas that needed their approval today:
1. Adopting the rules of procedures as prepared by the Legal
Department;
2. To appoint the Hearings Officer, the recommendation of Larry Elms,
local attorney, being made; the fee for Mr. Elms will be $60 per hour;
3. To appoint the Hearings Panel, the representatives as recommended
by the respective utility companies, being:
(a) LP&L--Lonnie Hollingsworth
Betty Wheeler
(b) Southwestern Public Service --George Wilson
J. C. Chambers
(c) Pioneer Natural Gas--J. E. Ausburn
Clem Boverie
Mr. Reagan also stated that Councilman Aderton would represent the Council
on the Hearings Panel.
595
ij
The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to adopt the
rules and procedures for the PURPA hearings as prepared by the Legal Department; to
appoint Larry Elms as the Hearings Officer as recommended; and to appoint Lonnie Hollingswort]
and Betty Wheeler on behalf of LP&L, George Wilson and J. C. Chambers on behalf of
Southwestern Public Service, and J. E. Ausburn and Clem Boverie on behalf of Pioneer
Natural Gas to serve on the Hearings Panel with Councilman Aderton representing the
Council who sits as the Regulatory Authority. Motion carried: Mayor McAlister, Mayor
Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
80-39A-595-851 Resolution No. 591
(37)
A resolution approving Lease Agreement with Hertz Corporation for additional facilities
at the Lubbock International Airport.
Hertz Corporation took over the operation of Brazos, Inc. and requests additional land
for storage of vehicles adjacent to their present facilities. The proposed lease is for
five years (May 1, 1979 thru April 30, 1984); the lease also provides for a restriction
in the number of operators permitted at the Airport and said lease has been approved by
the Airport Board.
SMT:bs
RESOLUTION NO. 591
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 Lease Agreement with the Hertz Corporation
for rental space at the Lubbock International Airport, 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 14th day of August 1980.
ATTEST:
Isl Evelyn Gaff&a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
Isl Susan M. Tom
Susan M. Tom, Asst. City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Isl Bill McAlister
BILL McALISTER, MAYOR
KNOW ALL MEN BY THESE PRESENTS:
LEASE AGREEMENT
THIS AGREEMENT entered into by the City of Lubbock (referred to herein as CITY), a
Home Rule Municipality of Lubbock County, Texas, and THE HERTZ CORPORATION (referred to
herein as LESSEE) of 660 Madison Avenue, New York, New York 10021.
TJTTNRRqRTR
WHEREAS, CITY owns, controls and operates the Lubbock International Airport (referred
to as AIRPORT), situated at Route 3, Lubbock, Lubbock County, Texas, and possesses the
power and authority to grant certain rights and privileges with respect thereto, including
those hereinafter set forth; and
WHEREAS, automobile rental services at the AIRPORT are an integral part of the
necessary accommodations for ground transportation provided for passengers arriving at
and departing from the AIRPORT in the promotion and development of air commerce and air
transportation; and
WHEREAS, LESSEE desires to make said automobile rental services available at the
AIRPORT and is qualified and has the capacity for performing said services and to equip
i
596
AUG 1 19GQ
said facilities for use in connection therewith and further desires to lease
certain space, and to obtain certain rights and privileges with respect to
the operation of a rent -a -car service at said airport, upon the terms and
conditions hereinafter provided.
NOW THEREFORE, for and in consideration of the mutual promises, covenants,
terms and conditions, both general and special, as hereinafter set forth,
CITY hereby grants to LESSEE the rights and privileges hereinafter described;
LESSEE agrees to assume the duties, responsibilities, and obligations as
hereinafter set forth; and the parties hereto, for themselves, their successors
and assigns, agree as follows:
ARTICLE ONE
LEASE OF DESCRIBED PREMISES
CITY, upon mutual execution of this agreement, does lease and demise to
LESSEE, the following premises located at the AIRPORT:
A. TERMINAL - A description of this location is shown on the
attached and incorporated "Exhibit A."
B. GROUND - A description of this location is shown on the
attached and incorporated "Exhibit B."
C. CLOSE -IN VEHICLE PARKING AREA -
A description of these locations are shown on
the attached and incorporated "Exhibit C."
ARTICLE TWO
TERM
The term of this lease shall be for five (5) years, beginning May
1, 1979, and terminating April 30, 1984 The CITY hereby grants
to the LESSEE the option to extend this lease beyond the expiration date
herein shown, for a period of five (5) successive years, unless termination
occurs pursuant to Article Seven. LESSEE shall exercise such option period
by giving the CITY at least thirty (30) days written notice of LESSEE's
intention to exercise the option.
ARTICLE THREE
USE OF PREMISES
The LESSEE is granted for the stated terms and conditions, a non-
exclusive privilege of conducting a transient automobile rental service from
the leased premises and for no other purpose. The number of passenger car
rental concessions at the AIRPORT shall be no more than four (4) through
December 31, 1981.
ARTICLE FOUR
RENTALS. RECORDS. AUDIT AND PLACE OF PAYMENT
A. RENTAL
1. Terminal: The LESSEE shall pay to the CITY as rental
the following:
Ten per cent (10%) of LESSEE's annual gross revenue from its
business operation from the AIRPORT or eight per cent (8%) of the previous
year's annual gross revenue or twenty thousand ($20,000) dollars, whichever
of the three is the greater amount, but in no event will the annual payment
be less than twenty thousand ($20,000) dollars. The rental is payable month
by month at a rate of either ten per cent (10%) of the preceeding month's
gross revenue or one -twelfth (1/12) of twenty thousand ($20,000) dollars,
whichever is the greater amount. An adjustment will be made at the end of
each calender year, to be paid by January 31 of each year during the term of
this lease, in order to achieve the full annual payment. The monthly rental
payments being due on or before the 10th day of each month accompanied by a
verified statement showing the preceeding month's gross revenue broken down
between (1) time and mileage charges and (2) insurance policy or insurance
waiver charges.
For determining the rental due the CITY, gross revenue shall include
the following:
(1) All revenues received as to the time mileage charges
for rental of automobiles, trucks or other vehicles;
(2) Reimbursements of or credits allowed to customers for
gasoline and oil purchased by customers;
(3) Charges for insurance policies sold the customer as
well as any charges made the customer for insurance deductible
waiver features.
597
MEMO,
Payment received from customers covering the costs of damages to automobiles while
rented or from emergency repairs made by the customers shall not be included in gross
revenue. Revenue received from the sale of used cars as provided in Article Six B(4)
shall be excluded from Lessee's annual gross revenue in Article Four A(l).
2. Ground lease (Service Facility): The LESSEE shall pay to the CITY ground lease
for the purpose of constructing a service facility on an area consisting of 50,000 square
feet of exclusive lease area, as shown on Exhibit "B", at $.0555 per sq. ft. per year.
The rental rate for both the terminal space and the ground lease will be adjusted
upward or downward for each ensuing year beginning January 1, 1981, in direct proportion
to the fluctuation in the U.S. Department of Labor, Bureau of Labor Statistics Cost of
Living Index. For the purpose of computing all adjustments, the Bureau of Labor Cost of
Living Index as of January 1, 1980, shall be construed as the base period.
3. Close -in vehicle parking area (Ready Car Area): THREE AND 50/100 ($3.50)
DOLLARS per space per month in advance for its allocated parking spaces, as shown on
Exhibit "C". Payment shall be received by the CITY', on or before the 10th day of each
and every month during the term of this lease. This fee is subject to renegotiation at
the expiration of the five (5) year term of this lease in the event that LESSEE accepts
the option to renew for five (5) additional years.
4. Counter area: LESSEE shall be provided space for a counter area within the
baggage claim area as shown on Exhibit "A." An annual fee of five hundred ($500.00)
dollars will be paid to CITY for this counter space. Rent is payable in advance on or
before the tenth (10th) day of each calendar year during the term of this lease. The pro
rated portion of the current year's charge shall be paid with the payment for the first
full calendar year of this lease.
The LESSEE, following accepted accounting practices and procedures, will maintain
true and accurate books, records and receipts which will show all of the gross revenue of
all business transacted.upon and within the AIRPORT.
Within ninety days after the end of each calendar year during the term of this
lease, or any extension thereof, LESSEE shall submit to the CITY, a verified statement of
its gross revenue for the preceeding year of operation. Such statement shall be certified
by LESSEE'S financial officer and shall be accompanied by LESSEE's payment to the CITY
for the previous year of business and payment due for such year of operation. In the
event LESSEE's payment to the CITY for the previous year of business operation exceeds
the amount required by this contract, the CITY shall reimburse LESSEE with an amount
equal to the difference between the sum required and the sum paid.
If this lease is terminated on any date other than the end of a calendar year, the
statement and additional payment, if any, on the gross revenue required by this Article
shall be submitted within sixty (60) days after the date of such termination.
C . AUDIT
All books, records, and receipts of all business transacted upon and within the
AIRPORT will be kept or maintained at the AIRPORT or other place acceptable to the Director
of Aviation, and will be available for inspection and examination during regular office
hours by the Director of Aviation or authorized representatives of the CITY. For the
purposes of determining accuracy of the monthly and annual statements of gross revenue
required, the Director of Aviation may authorize the making of a spot test audit and base
the findings for the entire period upon such audit, provided that the audit shall include
at least twenty-five per cent (25%) of the total time of the period audited.
In addition, the Director of Aviation shall have the right during any one calendar
year of this lease to authorize one audit of LESSEE's records pertaining to its operation
on the AIRPORT. Such audits shall be undertaken by a reputable firm of independent
Certified Public Accountants satisfactory to the CITY. The cost of such audit shall be
borne one-half by LESSEE and one-half by the CITY, unless results of the audit reveal a
discrepancy of more than five per cent (5%) between gross revenue reported in accordance
with Section B and the gross revenue as determined by audit for any twelve-month period.
In case of a discrepancy of more than five per cent (5%) in favor of the LESSEE, the full
cost of the audit shall be borne by the LESSEE.
D. PAYMENT
All payments that become due and payable by the LESSEE shall be made to the CITY OF
LUBBOCK at the Office of the Director of Aviation, Lubbock Regional Airport, Lubbock,
Texas, or as specified by the City Secretary -Treasurer.
E. BREACH
Any action taken by the LESSEE
SEE to induce its patrons or patrons of other car rental
concessionaires at the AIRPORT to rent or receive vehicles in such a manner and at such
places so as to diminish the gross revenue of car rental concessions under this agreement
shall constitute a material breach hereof and a cause for the termination of this agreement
by the CITY.
•
ARTICLE FIVE
OBLIGATIONS OF THE CITY
A. CLEAR TITLE
The CITY covenants and agrees that at and until the granting and delivery
of this lease it is well seized of the leased premises and has good title,
free and clear of all liens and encumbrances having priority over this
lease; and that the CITY has full right and authority to lease the premises
described in the contract.
B. MAINTENANCE OF AIRPORT
The CITY covenants and agrees that it will during the period of this
contract operate and maintain the AIRPORT as a public facility consistent
with and pursuant to the Sponsor's Assurances given by the CITY OF LUBBOCK
to the United States Government under the Federal Airport Act.
C. CONDITIONS AND MAINTENANCE OF PREMISES
The CITY shall assume no responsibility as to the condition of the
leased premises and shall not assume responsibility for maintenance, upkeep
or repair necessary to keep the premises in a safe and serviceable condition.
The CITY shall maintain roads, which may be relocated, on the AIRPORT
access to the leased premises in a good and adequate condition for use by
cars and trucks and shall maintain free and uninterrupted access to the
leased premises over the roads at all times.
ARTICLE SIX
OBLIGATIONS OF LESSEE
A. NET LEASE
This lease shall be without cost to the CITY for the development,
maintenance and improvement of the leased premises. It shall be the sole
responsibility of the LESSEE to keep, maintain, repair and operate the
entirety of the demised premises and all improvements and facilities placed
on the leased premises at LESSEE's sole cost and expense.
B. PRIVILEGES AND CONDITIONS
The CITY grants to the LESSEE the following general privileges, uses
and rights, all of which are subject to the terms, conditions and covenants
herein set forth and all of which shall be non-exclusive on the AIRPORT:
1. The general unrestricted use of all common terminal facilities and
improvements which are now or may hereafter be connected with or appurtenant
to the terminal building in such manner as may be necessary or convenient to
the conduct of LESSEE's business.
2. The right of ingress to and egress from the leased premises over
and across common or public roadways serving the AIRPORT for LESSEE, its
agents and employees patrons and invitees, suppliers of service and furnishers
of materials. The rights granted being subject to such ordinances, rules
and regulations, existing or later promulgated.
3. The LESSEE is here granted the privilege of constructing improvements
within the AIRPORT upon the leased premises as follows:
(1) Terminal: Concession Counter
(2) Grounds: Vehicle service building and/or canopy
and vehicle storage area.
The LESSEE shall have the right to and shall provide for the location,
construction, alteration, extension, erection of new or existing improvements,
maintenance and removal of improvements, in any lawful manner, upon the
leased premises, for the purpose of conducting a transient automobile rental
service, provided, that all plans and specifications for the construction,
alteration, extension or erection of facilities and improvements including
landscaping, shall be in compliance with applicable ordinances of the CITY
OF LUBBOCK and shall require the written approval of the Director of Aviation
before any construction or installation may be undertaken.
4. The right to sell used rental cars with the following restrictions:
(1) Only those cars used at the Lubbock International
Airport may be sold there.
(2) The sale of such vehicles on Airport premises shall
be restricted to LESSEE's vehicle service area as
shown in Exhibit "B".
WE
U•i
C. MAINTENANCE
1. The LESSEE shall, at its own expense, provide janitorial and custodial services
in all its leased premises. Said services may be provided by LESSEE alone or by LESSEE
in conjunction with other tenants who are now or who may hereafter be a LESSEE at the
AIRPORT.
2. The LESSEE accepts the leased premises in their present condition and shall,
at its sole cost and expense, maintain the leased premises, buildings, improvements and
appurtenances, in a presentable condition consistent with good business practice and
equal appearance and character to similar improvements in the terminal building and
parking and service area. The LESSEE shall repair all damage to the leased premises or
CITY owned property caused by its employees, patrons or its operations upon the AIRPORT.
The CITY shall be the sole judge of the quality of maintenance and upon written notice
from the Director of Aviation, the LESSEE shall be required to perform such maintenance
as the CITY deems necessary. Failure by LESSEE to comply within thirty (30) days following
receipt of the written notice from the Director of Aviation shall give the CITY the right
to enter upon the leased premises and perform the necessary maintenance, the cost of
which shall be borne by the LESSEE.
D. PROPERTY PERMANENTLY AFFIXED TO PREMISES
Any property belonging to LESSEE which becomes permanently attached to the premises,
shall become the property of the CITY upon termination of this contract whether upon
expiration of the primary term or earlier under any provision of this lease agreement,
except the following named improvements shall be treated in this manner:
1. Paving, fencing, fuel storage tanks and fuel lines shall be amortized over a
period of ten (10) years. In the event that the LESSEE herein is not the successful
bidder at the end of this term, the new operator, if one is accepted, shall purchase the
above named improvements from the LESSEE paying the value of the remaining unamortized
portion; otherwise, such improvements shall become the property of the CITY.
2. Service buildings constructed by LESSEE remain the property of LESSEE. In the
event LESSEE is not a successful bidder to continue operations at the termination of this
lease, the new LESSEE and this LESSEE should negotiate for the purchase of the service
building. If the two parties are unable to reach an agreement on the purchase price,
each party shall have an appraiser designated who shall appraise the buildings along with
a third party appraiser for their fair market value. The average of the three appraisals
shall be binding as the agreed price of the property. If for some reason the LESSEE
terminates its operations, the CITY has the first right of refusal to purchase at the
fair market value.
3. Counters in the terminal building are considered the property of the CITY and
will not be removed.
E. REMOVAL OF LESSEE'S PROPERTY
The LESSEE shall have the right, within fifteen (15) days after the termination of
this lease, whether such termination comes upon expiration of the primary term or otherwise
under any provision of this lease, to remove from the premises all of its furnitures,
fixtures, equipment and furnishings which have not become the property of the CITY and it
shall have the duty to restore the premises to their original condition, normal wear and
tear alone excepted, provided the CITY shall have a lien on all of LESSEE's property to
secure any unpaid rental or other charge due to CITY, and the right of removing LESSEE's
property is made upon the condition that all amounts due and owing to the CITY have been
paid in full by the LESSEE. Property left on the premises after thirty (30) days from
the date of termination of the contract, no renewal agreement having been executed, shall
be deemed abandoned and will become the property of the CITY and may be disposed of as
the CITY sees fit, without liability to account to the LESSEE for the proceeds of any
sale; and provided that the CITY, at its option, may charge rent from termination of the
contract through the day of final removal of the property or of notification to the
LESSEE of the abandonment of the property and taking of the CITY, as the case may be,
which rent shall not be less than the fixed rent or minimum guarantee required to be paid
by the LESSEE to the CITY.
F. PARKING
The Director of Aviation shall, from time to time, allocate among the various contract
Car Rental Operators the parking spaces in the Ready Car Area of the AIRPORT in proportion
to the number of vehicles regularly available for rental by the Operators and their
business operations reflected by gross revenue. The LESSEE agrees to accept the parking
spaces allocated to it and confine its automobile parking to that area. No additional
parking area has been provided (except in exclusive leased service area) for the parking
of LESSEE's vehicles and LESSEE is prohibited from parking its vehicles on any of the
curbs, or entrance roads of the terminal area.
G. SUBORDINATION OF LIEN
Any person or firm holding a lien against any property to be used or installed by
the LESSEE upon the leased premises shall execute a subordination agreement with the
CITY, subordinating the lien against any item to the CITY's lien to secure payment of all
amounts due the CITY under this contract. The LESSEE shall file a copy of each subordinat
agreement with the Director of Aviation.
600
H. STANDARD OF SERVICE
The LESSEE shall conduct a first class.transient automobile rental
service, providing adequate service at all times to meet the demands for
such service on the AIRPORT. The LESSEE agrees to conduct its business in
a proper and courteous manner and to furnish prompt and efficient service,
making available to the public clean, all late -model low mileage automobiles
in good mechanical condition.
The LESSEE agrees to charge fair, reasonable and non-discriminatory
rates and charges for the rental of vehicles, however, the LESSEE may make
reasonable and non-discriminatory discounts, rebates or other similar types
of price reduction to volume customers.
I. BUSINESS SOLICITATIONS
All of LESSEE's business operations and solicitations will be confined
to the leased premises. LESSEE agrees to have employees of its own in
attendance at the counter during all hours of scheduled airline operations.
J. ADVERTISING
The LESSEE will erect no signs and will distribute no advertising
matter in the AIRPORT without the prior written consent of the Director of
Aviation.
K. UTILITIES
The LESSEE shall assume and pay for all costs or charges for metered
utility services furnished LESSEE during the term hereof; provided that
LESSEE shall have the right to connect to any storm and sanitary sewers and
water and utility outlets, the cost of extension, installation and meters,
where required, to be borne by the LESSEE.
L. PAYMENT OF TAXES, FEES
The LESSEE shall pay all federal, state and local governments taxes
license fees and occupation taxes levied on the business conducted on the
leased premises, or on any of LESSEE's property used in connection therewith.
The LESSEE shall render for taxation pruposes all automobiles and other
property used in connection with the business on the AIRPORT, and that all
such property shall have its situs and domicile in Lubbock, Lubbock County,
Texas.
Taxation is subject to legal protest in accordance with the provisions
of the taxing authority whose levy is questioned. Any protest is at the
sole expense of LESSEE. Delinquency in payment of such obligations, after
any protest has been settled, shall, at the option of the CITY, be cause
for termination of this lease.
M. REGULATIONS
The LESSEE's officers, agents, employees and servants will obey all
rules and regulations which may be promulgated by the CITY or its authorized
agents in charge of the AIRPORT, or by other lawful authority, to insure
the safe and orderly conduct of operations and traffic on the AIRPORT.
N. PROHIBITION OF SUBLEASES AND ASSIGNMENTS
The LESSEE will not, directly or indirectly assign, sublet, sell,
hypothecate or otherwise transfer this lease or any portion to the leased
premises, without the prior written consent of the CITY.
0. REMOVAL OF TRASH
LESSEE shall provide and use covered metal receptacles of a type
designated by the Director of Aviation for all garbage, trash and other
refuse. Piling of boxes, cartons, barrels or other similar items, in an
unsightly or unsafe manner, on or about the demised premises, is prohibited.
As long as normal municipal services provide for the collection and disposal
of waste, or of certain types of waste in the same general area of the
AIRPORT, LESSEE may be served by these facilities provided it abides by the
regulations and ordinances applicable thereto. In the event such service
is not available or is discontinued, LESSEE shall provide a complete and
proper arrangement for the adequate sanitary handling and disposal, away
from the AIRPORT, of all trash, garbage, and other refuse caused as a
result of the operation of business at its sole expense.
P. INDEMNIFICATION AND INSURANCE
1. The CITY shall stand indemnified by the LESSEE as provided by
this contract. The LESSEE shall be deemed to b e an independent contractor
and operator responsible to all parties for its respective acts or omissions
601
�1�# -.11
and that the CITY shall in no way be responsible thereof. In the use of the AIRPORT
generally or the leased premises specifically in the exercise or enjoyment of the privileges
granted by this contract, the LESSEE shall indemnify and save harmless the CITY from any
and all losses that may proximately result to the CITY because of any fault or negligence
on the part of the LESSEE, its agents or employees or invitees and shall indemnify the
CITY against any and all claims, demands, suits, judgments and losses whatsoever.
2. The LESSEE shall maintain at all times, at.its sole expense, insurance with an
insurance underwriter acceptable to the CITY and from one authorized to do business in
the State of Texas, against claims of public liability and property damage resulting from
LESSEE's business activities at the AIRPORT. The amount of insurance coverage shall be
not less than FIFTY THOUSAND ($50,000.00) DOLLARS for property damage as a result of any
one event; or less than ONE HUNDRED THOUSAND ($100,000.00) DOLLARS for personal injury or
death of any one person in any one event; or less than THREE HUNDRED THOUSAND ($300,000.00)
DOLLARS for personal injury or death of two or more persons in any one event. Certificates
of insurance or other satisfactory evidence shall be filed with the Director of Aviation
prior to entry upon the premises by the LESSEE. Each policy shall name the CITY as an
additional insured as its interest may appear. Each policy shall also provide "It is
agreed that insurer shall notify the Director of Aviation of the City of Lubbock, Texas,
of any alteration, renewal, or cancellation of this policy and that this policy shall
remain in full force and effect until ten (10) days after such notice is received by the
Director of Aviation."
The LESSEE shall provide workmen's compensation insurance to meet statutory requirements
if qualified. The workmen's compensation policy shall provide employer's liability
insurance in the amount of ONE HUNDRED THOUSAND ($100,000.00) DOLLARS.
Q. WAGES
The LESSEE shall pay, or require the payment of, the prevailing rate of wages for
each craft or workman employed by it, or by persons or firms engaged by it, for any
alteration of premises or installation, maintenance or repair of vehicles fixtures,
equipment and furnishings, used in its operations, as.required by ordinances enacted
pursuant to Article 5159a, V.A.C.S., as amended or as may be amended. The ordinances and
statute and amendments thereto, are incorporated herein by references for all purposes.
R. CONDUCT AND APPEARANCE OF EMPLOYEES
Any employee in LESSEE's operations that may be deemed to be discourteous or objecti
on reasonable grounds shall be removed from employment on the premises on demand by CITY.
CITY likewise reserves the right to eject any objectionable person or persons, including
LESSEE's employees, from said premises, and upon the exercise of this authority through
CITY's agents or employees, LESSEE hereby waives any right and all claims for damage
against CITY or any of its agents, officials or employees.
S. LIENS PROHIBITED
The LESSEE shall not bind, or attempt to bind, CITY for payment of any money in
connection with construction, repairing, alterations, additions or reconstruction work on
the premises and that it shall not permit any mechanic's, materialman's or contractor's
liens to arise against the premises or improvements thereon or any equipment, machinery
and fixtures therein belonging to the CITY, and LESSEE expressly agrees that it will keep
and save the premises and the CITY harmless from all costs and damages resulting from any
liens or lien of any character created or that may be asserted through any act or thing
done by the LESSEE.
In the event any mechanic's or other liens or orders for payment shall be filed
against the premises or improvements thereon, or the CITY -owned property located therein,
during the term hereof, LESSEE shall within ten (10) days cause the same to be cancelled
and discharged of record, by bond or otherwise at the election and expense of LESSEE, and
shall also defend on behalf of the CITY, at LESSEE's sole cost and expense, any action,
suit or proceeding which may be brought thereon or for the enforcement of such lien or
order.
Failure of the LESSEE to comply with any requirement of this section or paragraph
shall be cause for immediate termination of this contract by the CITY.
T. NON-DISCRIMINATION PRACTICES
LESSEE, its agents and employees will not discriminate against any person or class
of persons by reason of age, race, color, creed or national origin in providing any
services, or in the use of any of its facilities provided for the public. The LESSEE
further agrees to comply with such enforcement procedures as the United States might
demand that the CITY take in order to comply with the Sponsor's Assurances.
LESSEE agrees to not discriminate against any employee or applicant for employment
because of age, race, creed, color, or national origin. The LESSEE agrees to take affirmati
action to insure that applicants are employed, and that employees are tested during
employment without regard to their age, race, creed, color, or national origin. Such
action shall include, but not be limited to employment, upgrading, demotion, or transfer,
recruitment, layoff, rates of pay or other forms of compensation, and selection for
training, including apprenticeship.
602
AUG A 111980
ARTICLE SEVEN
TERMINATION, CANCELLATION
A. TERMINATION
This lease shall terminate at the end of the full term hereof and
LESSEE shall have no further right or interest in any of the lands or
improvements hereby demised, except as provided in Article Six.
B. CANCELLATION BY LESSEE
This lease shall be subject to cancellation by LESSEE after the happening
of one or more of the following events:
1. The permanent abandonment of the AIRPORT as an air terminal.
2. The lawful assumption by the United States Government, or any
authorized agency thereof, of the operation, control or use of the AIRPORT,
or any substantial part or parts thereof, in such a manner as substantially
to restrict LESSEE for a period of at least ninety (90) days from operating
thereon.
3. Issuance by any court of competent jurisdiction of an injunction
in any way preventing or restraining the use and operation of the AIRPORT,
and the remaining in force of such injunction for a period of at least
ninety (90) days.
4. The default by the CITY in the performance of any covenant or
agreement herein required to be performed by the CITY and the failure of
the CITY to remedy such default for a period of sixty (60) days after
receipt from LESSEE of written notice to remedy the same.
LESSEE may exercise such right of termination by thirty (30) days
advance written notice to the CITY at any time after the lapse of the
applicable periods of time and this lease shall terminate as of the thirtieth
(30th) day. Rental due hereunder shall be payable only to the effective
date of said termination.
C. CITY'S OPTION TO CANCEL
The CITY may cancel this lease giving,LESSEE thirty (30) days advance
written notice, upon or after the happening of any one of the following
events:
1. The filing of a voluntary petition in bankruptcy by LESSEE.
2. The institution of proceedings in bankruptcy against LESSEE,
unless such proceedings are vacated within sixty (60) days after initiation
thereof.
3. The taking by the court of jurisdiction of LESSEE and its assets
pursuant to proceedings brought under the provisions of any reorginization
act, unless such proceedings are vacated within sixty (60) days after
initiation thereof.
4. The appointment of a receiver of LESSEE's assets, unless such
proceedings are vacated within sixty (60) days after initiation thereof.
5. Any assignment of LESSEE's assets for the benefit of creditors.
6. The taking of LESSEE's leasehold interest by execution or other
process of law.
7. The divestiture of LESSEE's estate herein by other operation of
law.
8. The default by LESSEE in the performance of any covenant or
agreement herein contained and the failure of LESSEE to remedy such default
within thirty (30) days after receipt from the CITY of written notice to
remedy same.
No waiver of default by the CITY of any of the obligations to be
performed by LESSEE shall be construed to be or act as a waiver of any
subsequent default. Acceptance of rental by the CITY for any period or
periods after default by LESSEE of any of LESSEE's obligations hereunder
shall not be deemed a waiver by the CITY of its right to cancel this lease
for such default.
ARTICLE EIGHT
GENERAL
A. TIME OF EMERGENCY
During time of war or national emergency, the CITY shall have the
right to lease the landing area or any part thereof to the United States
for government use, and, if any such lease is executed, the provisions of
this instrument, insofar as they are inconsistent with the provisions of
the lease to the Government, shall be suspended.
603
B. SPONSOR'S ASSURANCE SUBORDINATION
This lease shall be subordinate to the provisions of any existing or future agreement
between the CITY and the United States relative to the operation and maintenance of the
AIRPORT, the execution of which has been or may be required as a condition precedent to
the expenditure of Federal Funds for the development of the AIRPORT. Should the effect
of such agreement with the United States be to take any of the property under lease or
substantially destroy the commercial value of such improvements, the CITY shall not be
held liable therefor.
C. REPLACEMENT AFTER DAMAGE
It is agreed between the parties hereto, that, in the event said building is damaged
by fire or other accidental cause during the term hereof so as to become totally or
partially untenantable, the CITY shall have the option to restore the premises to their
former condition. The CITY shall give LESSEE notice in writing of the exercise of the
option within thirty (30) days of occurance of such damage, if the CITY elects to exercise
the option. If the option is exercised, the CITY shall proceed with due diligence to
restore the premises; there shall be an abatement of the rent until repairs have been
made for the time and to the extent for which premises, or part thereof, have been un-
tenantable. Should the CITY not exercise the option, the lease of such portion of the
leased premises shall cease and terminate effective with the date of damage by fire or
other accidental cause.
D. CONFLICT OF INTEREST
The LESSEE acknowledges that it is informed that Texas law prohibits contracts
between the CITY and its "officers" and "employees," and that the prohibition extends to
an officer and employee of CITY agencies such as CITY -owned utilities and certain CITY
boards and commissions, and to contracts with any partnership, corporation or other
organization in which the officer or employee has an interest. LESSEE certifies (and
this contract is made in reliance thereon) that neither it nor any person having an
interest in this contract is an officer or employee of CITY or any of its agencies.
E. LIEN OR BOND
LESSEE must provide to the CITY either a lien upon all of its property, now or at
any time hereafter placed in or upon the said premises, all exemptions of such property,
or any of it, being hereby waived, or a performance bond in the amount of ONE HUNDRED
THOUSAND DOLLARS ($100,000.00), to be reviewed annually, to secure the prompt payment of
the charges herein stipulated to be paid for the use of said premises.
F. RIGHT OF INSPECTION
The CITY reserves the right to conduct inspections, at reasonable times of the
leased premises to insure that fire, safety, and sanitation regulations and other provisions
contained in this lease are being adhered to by the LESSEE.
G. TERMINATION OF LEASE, SURRENDER OF LEASED PREMISES AND
OWNERSHIP OF IMPROVEMENTS
The LESSEE covenants and agrees that at the expiration of the lease term or at the
earlier termination as provided in this lease agreement, it will quit and surrender the
leased premises and the improvements in good state and condition, reasonable wear and
tear, acts of God and other casualties excepted, and the CITY shall have the right to
take possession of the leased premises and the improvements, subject to the limitations
provided by Article Six D(l), (2) and (3) of the lease, with or without process of law.
H. HEADINGS
The paragraph headings contained herein are for convenience in reference and are not
intended to define, extend or limit the scope of any provisions of this agreement.
I. NOTICES
Notices to the CITY required or appropriate under this contract shall be deemed
sufficient if in writing and mailed, registered or certified mail, postage prepaid,
addressed to the Director of Aviation, Lubbock Regional Airport, Route 3, Box 389,
Lubbock, Texas 79401. Notices to the LESSEE shall be deemed sufficient if in writing and
mailed, registered or certified mail, postage prepaid, addressed to the LESSEE at the
address on file with the Director of Aviation.
J. ENTIRE AGREEMENT
This contract constitutes the entire agreement, and any other written or parole
agreement with CITY being expressly waived by LESSEE.
EXECUTED this 14th
LESSEE
THE HERTZ CORPORATION
BY: Isl John S.
Vice President
Title Properties & Concession
day of August , 19 80 .
THE CITY OF LUBBOCK
Isl Bill McAlister
BILL McALISTER, MAYOR
Date May 22, 1980
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga
604
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee
Director of Aviation
� �Z' W
Isl Susan M. Tom
Susan M. Tom, Asst. City Attorney
*NOTE: Exhibits A, B and C are attached to original Resolution and Agreement.
80-39A-604-852 Resolution No. 583
(38)
A resolution for Landlord Waiver Agreement with General Steel and Wire Coaany.
of building at the Lubbock International Airport.
The General Steel and Wire Company, Inc. is a leasee in an Airport -owned buildii
located at the Airport. U.S. Bancorp Financial, Inc. finances equipment for
General Steel which will be placed on the leased facilities and requests a
waiver to protect their lien of the equipment purchased.
SMT:bs
RESOLUTION NO. 583
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 Landlord
Waiver with Bancorp Financial, Inc., for General Steel & Wire Co., Inc., 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 14th day of August 1980.
ATTEST:
.1sl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
Isl Susan M. Tom
Susan M. Tom, Asst. City Attorney
/s/ Bill McAlister
BILL McALISTER, MAYOR
LANDLORD WAIVER
WHEREAS, U.S. Bancorp Financial, Inc. (Secured Party) has or is about to
enter into a security transaction with General Steel & Wire Co., Inc. (Debtor)
covering the following personal property (equipment), including but without
limitation, furniture, furnishings, machinery, equipment, tools, dies, jigs,
and conveyors and,
WHEREAS, said equipment has or may become affixed wholly or in part to
the real estate located and described as building 714, Avenue C, East Industri
Section, Lubbock International Airport and,
WHEREAS, the undersigned, City of Lubbock, has an interest in said real
estate as owner,
NOW, THEREFORE, in consideration of any financial accommodation extended
by Secured Party to Debtor, at any time, and other good and valuable
Dr lease
605
considerations, the undersigned agrees as follows:
(a) That said equipment which may now or hereafter be installed in
said premises shall not be deemed a fixture or part of the real
estate but shall at all times be considered personal property.
(b) That it disclaims any interest in the equipment and agrees to
assert no claim to the equipment while Debtor is indebted to
Secured Party or its assignee.
(c) That Secured Party or its assignee may enter upon the premises
at any time and remove the equipment.
(d) That at the option of Secured Party or its assignee said equipment
may remain upon said premises upon payment of the building rental
fee for so long as the building is not available for occupancy
in its entirety to a new tenant, but with a maximum period of
forty-five days, unless a longer period is negotiated.
This waiver is binding upon the undersigned, City of Lubbock, its agents and employees,
successors and assigns and inures to the benefit of Secured Party and the heirs, personal
representatives, successors and assigns of Secured Party.
Executed this _14th day of August , 1980.
CITY OF LUBBOCK
Landlord
BY: 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:
Isl Susan M. Tom
Susan M. Tom, Assistant City Attorney
STATE OF TEXAS §
COUNTY OF LUBBOCK §
I, Olivia R. Solis , a Notary Public within and for Lubbock, County,
Texas, duly commissioned and acting, do hereby certify that on this - 14th day of
August , 1980, personally appeared before me Bill McAlister, Mayor, City of Lubbock
the Landlord named in the foregoing Landlord Waiver, well known by me to be the person
who signed said Landlord Waiver, who, being by me duly sworn and being informed of the
contents of said Landlord Waiver, stated and acknowledge on oath that he signed, executed,
sealed and delivered same in his representative capacity as Mayor, as his free and voluntary
act and deed for the uses, purposes and considerations therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public the day and year in this certifcate
above written.
(Seal)
Isl Olivia R. Solis
Notary Public, Lubbock County, Texas
My Commission Expires: 12/5/81
606
GENERAL STEEL & WIRE 1980
DESCRIPTION VALUE
1973 Fruehauf 40' - 2 Axle Flat Bed Trailer,
SIN FHR 397603. Lic# VV7305
$
6,000.00
Cincinnati Mod. 375-20 Centuramic Twin Grind
Centerless Grinder, Thru Feed, Hyd. Dresser,
Filmatic Bearings, Long Bar Attach, Var. Spd.
Drive, Airtronics Tolerence Gage, Fine Coarse
Adj., Filter Reclaim & Coolant, SIN 6M2OHG5S - 15
$
35,000.00
4 Ton Travelling Bridge Crane W/Rail
$
5,500.00
Bridgecrane W/(2) C.M. 1 Ton Elc. Hoists & Rail
$
2,500.00
Lincoln 250 Amp. Arc Welder, SIN AC453555
$
275.00
OXY. - ACY, Cutting Torch Set.
$
250.00
Oster Pipe Threader, SIN ACB1082
$
200.00
Abrasive Cut - Off Saw, 5 H.P.
$
300.00
Jet 15" Ped. Type Drill Press. SIN 36313
$
250.00
Buffalo Dbl. End Grinder
$
50.00
Rockwell 5" x 10"Surface Grinder W/P.F. Table,
SIN 118-4795
$
1,600.00
Xerox Telecopier.
$
300.00
Sharp Mod. SF720 Copier
$
800.00
Misc. Shop & Office Equip.
$
2,000.00
1976 Ford Granada
$
2,500.00
1969 Plymouth
$
300.00
1977 Toyota SR 5 Pickup Truck
$
2,750.00
Production Type 914, 1-12" Cap. Centerless Bar
Stock Sander, Hyd. Head Clamping, Reversing
Feed Units, & Coolant. SIN 13-2-59
$
15,000.00
Gardner -Denver 25 H.P. Electra Screw Tank MTD.
Air Compressor. SIN 639-721
$
3,500.00
Medhart 3-1/2" Spiral Bar Straightner, 40 H.P.
Motor, Panel & Feed Conveyor. SIN 852
$
17,500.00
1961 Do All Mod. C70, 12" x 18" Auto. Hyd. Horiz.
Band Saw, Auto, Feed & Auto. Clamp SIN 156-61819
$
7,000.00
Custom Bar Burnishing Mac., 10" Cap., Vari-spd.
Drive, Hyd. Clamping, Long Bar Attach.
$
6,000.00
Ford 900, 3 Axle Truck Tractor, I.D. #S90LVS87082
Lic. #11984S
$
3,500.00
Cincinnati No. 3 Centerless Grinder, Filmatic Bearings,
Coolant, Var. Speed, Drive & Long Bar Attach.
SIN 3M3H1M-169 $ 12,500.00
Clark Forklift Truck, C300-40, 1980 Model with 130"
Standard Upright, 42" Forks SIN 356-774-4376 $ 14,936.00
TOTAL-LUBBOCK, TEXAS PLANT $140,511.00
T/A Appraisal & Management Co., Inc.
ME
AUG 14 1980
80-39A-607-853
(39)
Irk
4-2 y _'y
Resolution No. 584
A resolution authorizing Change Order #1 for transformer vault and beacon construction
(ADAP, Project #6-48-0138-14, R. L. Frazier Co.).
The contract for the Airport field lighting transformer vault and beacon construction
needs to be adjusted to allow the contractor to cast and install the manholes in a
manner curtailing the down -time of the runway during installation. The proposed cost of
the change order is in the amount of $4,050. The F.A.A. and the Airport Board have
approved the requested change order.
SMT:bs
RESOLUTION NO. 584
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 Change Order No. 1 to a contract with
R. L. Frazier Company for Transformer Vault and Beacon Construction at the Lubbock .
International Airport, ADAP Project No. 6-48-0138-14, 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 14th day of August '1980.
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Marvin W. Coffee
Marvin W. Coffee, Director of Aviation
APPROVED AS TO FORM:
/s/ Susan M. Tom
Susan M. Tom, Asst. City Attorney
CHANGE ORDER NO. 1
Transformer Vault &
Beacon Construction
ADAP Project No. 6-48-0138-14
Contract No. 1
Lubbock International Airport
Lubbock, Texas
TO: R. L. FRAZIER COMPANY
5506 - 27th Street
Lubbock, Texas 79407
General description of work included in contract:
The construction of a new transformer vault, installation of transformer vault equipmen
installation of standby engine -generator, installation of airport rotating beacon, installin
new lighting cable, installing duct, construction of manholes, and other related items of wo t.
Original Amount of Contract . . . . . . . . . . . . . . . $362,543.00
Change Order No. 1 . . . . . . . . . . . . . . . . .(Add) 4,050.00
Adjusted Contract Price . . . . . . . . . . . . $366,593.00
Adjustment in Construction Time . . . . . . . . None
WHEREAS, it is desirable to make changes in the work to be constructed under this
project;
THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage gained, the
Owner and the Contractor agree to the changes indicated below and further agree that the
amount of the contract shall be adjusted by the amount shown above.
MIN
1, PROPOSAL Item No. 25, "Electrical Pull or Splice Box, furnished and
installed, complete each:". The Quantity shall be revised from 10
Each to 5 Each. The unit price shall remain at $300.00 each.
Deduct: 5 Each at $300.00 = ($1,500.00)
2. PROPOSAL, Add a new Item No. 29, "Manhole, 2-foot square, furnished
and installed, complete, each: for the unit price of $950.00 each.
The Quantity shall be 5 each."
Add: 5 each at $950.00 = $4,750.00
3. PROPOSAL, Add a new Item No. 30, "Extra Labor, Equipment, and Mate-
rials for precasting and installing Manholes No. 10 and 11, to mini-
mize outage of Runway 17R-35L, complete for the lump sum price of
$800.00."
Add: 1 at $800.00 = $800.00
The aforementioned changes, and work affected thereby, are subject to all
contract stipulations and covenants. I
The Owner and the Contractor agree that there will not be an adjustmen.t,
the time allowed for completion of the project for the above listed changes.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their
this the.14th day of August, 1980.
nfflffllffiffit1
ATTEST:
Pvgvlffil���
Isl Susan M. Tom
Assistant City Attorney
80-39A-608-854 Resolution No. 585
(40)
PARKHILL, SMITH & COOPER, INC., Consulting Enginq�rs
By. Isl B. E. Wauer', Project Engineer, 7/24/80
R. L. FRAZIER COMPANY, Contractor
By. /s/ P. H. Frazier, Partner, 7/24/80
CITY OF LUBBOCK, TEXAS, Owner
By Isl Bill McAlister, Mayor, 8/14/80 - I
Isl Evelyn Gaffga
City Secretary I
APPROVED AS TO CONTENT:
Isl Marvin Coffee
Marvin Coffee
Director of Aviation
A resolution authorizing Change Order #2 for terminal parking and roadway
improvements at Lubbock International Airport (Kerr Construction Co.).
The proposed Change Order #2 provides for an adjustment in the amount of
time for construction; the contractor has requested an additional 357
days, which would make a new completion date of August 1, 1980.
SMT:bs
RESOLUTION NO. 585
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 Change
Order No. 2 to a contract with Kerr Construction Company for Terminal
Parking and Roadway Improvements at the Lubbock International Airport,
providing a time extension for completion, a copy of which is attached
M.
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 14th day of August ,1980.
/s/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Marvin W. Coffee
Marvin W. Coffee, Director of Aviation
/s/ Susan M. Tom
Susan M. Tom, Asst. City Attorney
CHANGE ORDER NO. 2
Terminal Parking and Roadway
Improvements
Lubbock International Airport
Lubbock, Texas
TO: Kerr Construction Company
P.O. Box 888
Lubbock, Texas 79408
General description of work included in contract:
The construction of 8,700 square yards of flexible pavement on entrance and service
roads to the terminal building, construction of approximately 6,850 square yards of
flexible pavement in the terminal parking area and access roads, construction of
approximately 5,800 square yards of flexible pavement in the employee parking area, constru
tion of approximately 9,000 linear feet of curb and gutter on the entrance roads and
terminal parking area, relocation of existing and, construction of new area lighting on
the entrance roads, and parking areas, relocation of existing and construction of new
security fencing, relocation of existing and installation of new parking control equipment,
construction of an irrigation system, construction of drainage structures and concrete
slabs, removal of existing pavement and curb and gutter, painting of roads and parking
areas, and other related items of work. Additive Alternate Number One to the contract
consists of installing a parking lot counter system to monitor available parking spaces
and automatically control lot full indicators and entrance gate operation. Additive
Alternate Number Two to the project consists of the construction of approximately 5,200
square yards of flexible pavement in the terminal parking area, construction of approximate
1,150 linear feet of curb and gutter, construction of area lighting, construction of concre
slabs, painting of parking areas and miscellaneous items of construction.
Original Amount of Contract . . . . . . . . . . . . . . . . . . $683,177.24
Change Order No. 1 . . . . . . . . . . . . . . . . . .(Deduct)( 10,188.00)
Change Order No. 2 . . . . . . . . . . . . . . . . . ( None ) -0-
Adjusted Contract Price . . . . . . . . . . . . . . . $672,989.24
Original Time for Completion . . . . . . . . . . . . . . . . . 360 Days
Change Order No. 1 . . . . . . . . . . . . . . . . . . ( None ) 0 Days
Change Order No. 2 . . . . . . . . . . . . . . . . . . ( Add ) 357 Days
Adjusted Time for Completion . . . . . . . . . . . . 717 Days
WHEREAS, during the construction time provided by the contract for the project, work
was delayed due to coordination with other contractors during construction of the auto
parking structure;
AND WHEREAS, during the construction of the project, work was delayed for the
proper season for planting grass on the project;
610
AND WHEREAS, during the construction time provided by the contract for
project, work was delayed due to weather conditions such as rain and snow
during critical periods of work;
THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage
gained, the Owner and Contractor agree that the time allowed for completion of
the project shall be extended 357 days, from 360 days to 717 days, and further
agree that there shall not be any adjustment to the contract price for the
extension of time.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their
hands this the 14th day of August, 1980.
RECOMMENDED:
F-11% a
01 fiffim
APPROVED AS TO FORM:
/s/ Susan M. Tom
Assistant City Attorney
PARKHILL, SMITH & COOPER, INC., Consulting ghgineers
By. Isl B. E. Wauer, Project Engineer, 7/
KERR CONSTRUCTION COMPANY, Contractor
By Isl Ken Hancock, Pres, 7/23/80
CITY OF LUBBOCK, TEXAS, Owner
By /s/ Bill McAlister, Mayor, 8/14/80
/s/ Evelyn Oaf
City Secretary
APPROVED AS TO CONTENT:
Isl Marvin Coffee
Marvin Coffee
Director of Aviation
80-39A-610-855 Resolution No. 588
(41)
Accepting terminal parking and roadway improvements at Lubbock International
Airport and authorize final payment to Kerr Construction Co.
The construction is substantially complete in accordance with the contract
with Kerr Construction. The final contract amount is in the sum of $728,238.2S
the acceptance of the project and the final payment has been recommended
by the Airport Board.
SMT:bs
RESOLUTION NO. 588
WHEREAS, work on the Terminal Parking and Roadway Improvements Project
at the Lubbock International Airport by Kerr Construction Company has been
substantially completed in accordance with the contract; and
WHEREAS, the Airport Board and the Consulting Engineers for the
contract, Parkhill, Smith & Cooper, Inc. have recommended acceptance and
final payment; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the work on the hereinabove described project BE and is hereby
accepted and final payment of the remaining $96,937.97, as shown on the
attached Estimate No. 21 (Final), is authorized to be made by the Director
of Aviation.
Passed by the City Council this 14th day of August , 1980.
ATTEST:
s/ Evelyn GaffRa
Isl Bill McAlister
BILL McALISTER, MAYOR
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Marvin W. Coffee
Marvin W. Coffee, Director of Aviation
APPROVED AS TO FORM:
Isl Susan M. Tom
611
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution
No. 591 authorizing the lease agreement with Hertz Corporation; to pass Resolution No.
583 granting the waiver agreement with General Steel and Wire Company/U.S. Bancorp
Financial, Inc.; to pass Resolution No. 584 authorizing Change Order No. 1 for the
adjustments regarding the transformer vault and beacon construction; to pass Resolution
No. 585 authorizing Change Order No. 2 for terminal parking and roadway improvements;
and to pass Resolution No. 588 accepting the terminal parking and roadway improvements
and authorizing final payment. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
80-39A-611-856 Consider participating with other cities in a joint study of Southwestern Bell Telephone
(42) rate increase request, and authorize fee for same.
Upon the advice of the City Attorney, the Council needs to consider action regarding
the participation in a joint study with other Qities through the Texas Municipal League
regarding the Southwestern Bell Telephone's rate increase request. TML has calculated
a rate of 3¢ per capita on the population pursuant to their records; the City's proportional
share would be approximately $5,257.50.
At a previous Work Session, it was the Council's consensus that the City participate in
the study.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown that the City
participate in a joint study, joining other municipalities in this project, regarding
the Southwestern Bell Telephone rate increase, and authorize the fee of approximately
$5,257.50 (34 per capita), said fees to be paid out of the Council's Special Projects
account. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and
Aderton and Councilwoman Baker voting Yea; none voting Nay.
80-39A-611-857 Ordinance No. 8084
(44)
An ordinance amending Chapter 19.6 of the Code of Ordinances providing for penalty
provisions for violation of the fireworks� _regulations.
The above subject was discussed in the Work Session preceding the Regular Session. The
Fire Marshal reports that between the period of June 24, 1980 and July 2, 1980, the
Fire Department answered 61 fire calls as a result of fireworks; that six of the fires
were major house fires, two of which resulted in $120,000 in fire loss; that the loss
from fireworks from the Fourth of July holidays would be in an estimated amount of
$200,000. The present Code of Ordinances allows for seizure for possession or use of
fireworks, but any penalty for the violation is not specifically stated. It is the
recommendation of the Fire Chief and Fire Marshal that a Class C misdemeanor be incorporated
into the ordinance, which carries a fine not to exceed $200.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance
No. 8084 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
SMT:bs ORDINANCE NO. 8084
AN ORDINANCE AMENDING ORDINANCE NO. 7510, CHAPTER 19 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK, ADDING A PENALTY CLAUSE TO REGULATION OF FIREWORKS; PROVIDING FOR
PUBLICATION, AND PROVIDING A SAVINGS CLAUSE.
80-39A-611-858 Resolution No. 589
(45)
Recommendation of Insurance Committee concerning Employee Group Health and Life
Insurance proposal, and authorize Mayor to sign contract.
On May 23, 1980, Aetna Life and Casualty presented a rate increase for the City of
Lubbock Employee Group Health and Life Insurance Program. The rate increase represented
a 53.6% increase in premiums from $34.34 to $52.75 for employees, and from $37.90 to
$58.21 for dependent coverage. The Insurance Committee comprised of Assistant City
Manager Jim Blagg, Assistant Director of Personnel Rita Harmon, Director of Finance
Robert Massengale, and Director of Electric Utilities Sales and Service Carroll McDonald
met and determined an alternative to these increased premiums reassessing Aetna's
contract and evaluating the alternative carriers. The proposals submitted were evaluated
on the basis of willingness to comply with the benefit and administration requirements
outlined in the specifications, the effectiveness and efficiency of administrative and
service capabilitites, i.e, claims handling and claims analysis; economic competitiveness,
i.e, premiums, administrative costs, etc.; and demonstrated effectiveness of a cost -
containment program.
Three proposals for a fully -insured program were submitted by Aetna, Blue Cross and
Texas Municipal League. A fourth proposal was submitted by Galbraith and Green, who
would serve as a third party administrator for a self -funded program.
612
I � 1980
Based on the economic competitiveness, the Committee recommends the Texas
Municipal League plan, which is underwritten by Philddelphia Life Insurance
Company and reinsured and administered by Prudential. Presently, there
are 170 cities enrolled in the TML plan; it provides greater explanation
and processing procedures of claims; it provides cities with detailed
claim analysis; and these factors would allow the City Staff more appropriate
input for administration and monitoring of the City's insurance program.
It is additionally recommended that the City change its level of benefits
to a comprehensive plan funded at an 80% level; the employees would pay
$170 additional cost for increased benefits and reduce the deductable from
$100 to $75 per participant. Additionally, it is recommended the City
provide a flat $5,000 life insurance coverage, plus accidental death and
disability for full-time employees, plus allowing the employee to opt for
additional term coverage and AD&D equal to one time his annual earnings;
it also allows for dependent coverage for spouses and children.
Mayor Pro Tem. Henry requested permission to abstain; permission granted.
The motion was made by Councilman Brown, seconded by Councilman Aderton to
accept the staff's recommendation of accepting the proposal of the TML
plan, and pass Resolution No. 589 authorizing the contract. Motion carried:
Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining.
JCR: cl
RESOLUTION NO. 589
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 Insurance
Agreement between the City of Lubbock and Texas Municipal League Insurance
Trust, 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 14th day of August 1980.
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
Isl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
*NOTE: Agreement is attached to original resolution.
80-39A-612-859 Resolution No. 587
(46)
Consider approving the contract with Burroughs Corporation for Tax Appraisal
Computer System.
At a previous meeting, the Council authorized negotiations with Burroughs
Corporation for a computer system for the County Tax Appraisal District. The
contract is for a 3-year term with an option to purchase the machine at the en(
of the three years; that purchase credits will accrue through the lease during
the term of the lease; that there is a nonfunding provision to protect the Cit3
against obligation if funds are not available at the end of the annual period;
that the contractor is subject to the approval of the Tax Assessor/Collector;
that the City is required to pay an annual license fee for the right to use the
package for five years.
The first year's cost of the system will be $260,631, which includes a number
one-time costs; second and third year lease costs will be $130,221 each.
The motion was made by Councilman Aderton, seconded by Councilman Brown to pass
Resolution No. 587 authorizing the contract with Burroughs Corporation. Motion
carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton an
Councilwoman Baker voting Yea; none voting Nay.
613
RESOLUTION NO. 587
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 for Equipment Lease, Service,
and Maintenance; Program Products License and Service Agreement; and Agreement for Systems
Service between the City of Lubbock and Burroughs Corporation, 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 14th day of August, 1980.
Isl 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 W. M. McKamie
W. M. McKamie, Assistant City Attorney
*NOTE: Agreement is attached to original Resolution.
80-39A-613-860 Bid No. 5920 for miscellaneous electric items (warehouse stock).
(47)
Items 1,4,6 Westinghouse Electric Supply Co.,
Lubbock, Texas
Items 2,3 C. B. Anderson Company,
Amarillo, Texas
Items 5,8,12 North Supply Company,
Lenexa, Kansas
Item 9,10 Nelson Electric Supply Company,
Lubbock, Texas
Item 11 Temple, Inc.,
Lubbock, Texas
80-39A-613-861
(48)
80-39A-613-862
(49)
Bid No. 5937 for 12 front mounted PTO assemblies (Sanitation Dept.).
Low Bidder Visioneering, Inc.,
Lubbock, Texas ($33,000.00)
Ordinance No. 8085
An appropriation ordinance for sanitation equipment (Bid No. 5937) (Sanitation
Capital Reserve Fund).
Director of Purchasing Floyd Nesbitt indicated that the referenced bids reflect
the low bid and meet specifications, additionally, Ordinance No. 8085 is an
appropriation ordinance connected with Bid No. 5937 in the sum of $33,000.
it 614
DGV:cl
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 8085
WHEREAS, the City Council of the City of Lubbock finds it is necessary
to appropriate certain specific funds for an approved project; NOW THEREFORE:�
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT there BE and is hereby appropriated out of the following fund,
to -wit: Fund 30 Capital Reserve, the following sum;
6063: Residential Collections.
12 Front Power Take Off Systems ............... $33,000.00
TOTAL $33,000.00
Such sum is required for the purchase of equipment needed in residential
sanitation service.
".1XI rpm a ARON
Passed by City Council on first reading this 14th day of August 1980.
Passed by City Council on second reading this day of _ _,1980.�
ATTEST:
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
BILL McALISTER, MAYOR
VERIFIED BY:
Isl Robert Massengale I
Robert Massengale, Finance Officer;
APPROVED AS TO CONTENT:
sl Denzel Percifull
Denzel Percifull, Director
Public Services
The motion was made by Councilman Brown, seconded by Councilman Aderton to
approve Bid Nos. 5920 and 5937, and to pass Ordinance No. 8085 on first
reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
80-39A-614-863 Bid No. 5910 for miscellaneous items of fire fighting equipment (Fire
(50) Dept.) (Community Development Funds).
80-39A-614-864 Bid No. 5909 for 1250 GPM fire truck (Fire Dept.) (Community Development
(51) Funds).
Director of Purchasing Floyd Nesbitt indicated that the Mack Trucks of
Houston submitted a bid on the above referenced items, said bid arriving
after the closing date and time because of failure to deliver by Purolator;
said bid was returned to the bidder. In accordance with Article 2368a and
to alleviate any feeling of unfairness to the vendors involved, he recommended
all bids be rejected and the bidding process commence anew. Additionally,
the Council was apprised that a new contract with Purolator Courier Service
is being presently negotiated to work out the problems resulting above.
By consensus the Council deleted Bid Nos. 5910 and 5909 which will be
considered at a later date,
80-39A-614-865 Bid No. 5925 for traffic signal controller and cabinet, complete (Traffic
(52) Engineering).
Low Bidder Doerr Association, Inc.,
Arlington, Texas ($6,995.00)
615
ZMEW,
80-39A-615-866
(53)
80-39A-615-867
(54)
Resolution No. 590
Bid No. 5749 for 18" VCT sanitary sewer main (Engineering Dept.).
Low Bidder Holloway Contracting,
Lubbock, Texas ($103,199.00)
JWF:cl RESOLUTION NO. 590
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract for the Construction of the
18" Sanitary Sewer Approach Main for Shadow Hills Addition to the City of Lubbock by
Holloway Contracting Co., 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 14th
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
.day of August "1980.
14s� ill4
BILL McALISTER, MAYOR
Isl Guy Wilson
Guy Wilson, Senior Civil Engineer -Water Utilities
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
*NOTE: Contract is attached to original Resolution.
Ordinance No. 8086
An appropriation ordinance for 18" VCT sanitary sewer main (Bid #5749) (Sanitary Sewer
Bond Fund).
This appropriation is in the amount of $51,756.01 which will be for the City's cost for
18" approach main in Shadow Hills Addition. The low bidder, Holloway Contracting Company,
has apprised the developer, Mr. Hal Kilgore, that they will still honor the bid prices
dated March 5, 1980, and the check in the appropriate sum has been received for this
project.
ORDINANCE NO. 8086
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund, to -wit:
Sanitary Sewer Capital Project Fund
The sum $51,756.01
616
For the following purpose:
Cityls share in cost of 18 inch sewer main to serve Shadow Hills Addition
Contract $103,199.00
Engineering 6,191.94
Total $109,390.94
Developer's Share 57,634.93
Cityfs Share $ 51,756.01
Passed by the Council on first reading this 14th day of August, 1980.
Passed by the Council on second reading this 28th day of August, 1980.
MAYOR
ATTEST:
CITY SEC9tAkY-TRE",
4�v VERIFIED BY: J. Robert Massengale
FINANCE OFFICER
APPROVED BY:/s/Wilford D. Watson Water Ut
HEAD OF DEPT. DEPT.
The motion was made by Councilman Brown, seconded by Councilman Aderton
to approve Bid No. 5925; to approve Bid No. 5749 and authorize the contract
related to same; and to pass Ordinance No. 8086 on first reading. Motion
carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton
and Councilwoman Baker voting Yea; none voting Nay.
At 10:55 a.m., the Regular Session was adjourned to consider Work Session
items and to hold an Executive Session following lunch.
Upon reconvening at 1:40 p.m., the motion was made by Councilwoman Baker,
seconded by Councilman Brown to adjourn, there being no further business.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and
Aderton and Councilwoman Baker voting Yea; none voting Nay.
BILL McALISTER, MAYOR
ATTEST:
t I
EVelyn Gaflfga, 'City == S �-Treasurer
READ AND APPROVED THIS 28th DAY OF AUGUST, 1980.
BILt'A'cALiSTE , MAYOR
rNOVIM
rfilyn Gaffga,City c ary-Treasurer