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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/14/1980576 20100 F1, 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