HomeMy WebLinkAboutMinutes - City Council - Regular - 9/11/1980645
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
September 11, 1980
9:30 A.M.
At 8:40 a.m. at the Work Session, the Mayor announced that an Executive Session
would be held as previously posted for the purpose of considering land acquisition
and pending litigation. This Session is in accordance with Section 2-F, Art.
6252-17, V.A.T.S.
The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday,
September 11, 1980, 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-645-912 The invocation was given by City Manager Larry Cunningham.
80-39A-645-913 The Pledge of Allegiance to the Flag was given in unison by those present in the Council
( 2) Chambers.
80-39A-645-914 Approval of Minutes - Regular Meeting, August 28, 1980
( 3)
The motion was made by Councilman Brown, seconded by Mayor Pro Tem. Henry to approve the
minutes of August 28. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
. Citizen Appearances
80-39A-645-915 Board Appointments
4)
Bob Suter Lubbock Industrial Board
Mrs. Jan R. Rigsby Board of Trustees Lubbock Regional Mental
Health and Mental Retardation Center
Ted Ratcliff Board of Examiners and Appeals (Building)
Proclamations
80-39A-645-916 "Contact Lubbock Week" - September 14-20, 1980
5)
Receiving: Bob Wells
80-39A-645-917 "Ranching Heritage Week" - September 14-20, 1980
6)
Receiving: Claude Denham
Kay Wood
Mrs. Owen
Mrs. Holden
80-39A-645-918 "East Lubbock Old Settler Reunion Day" - September 16, 1980
7)
Receiving: Sidney Hall
Roberta Bascus
Mattie Day
and others
80-39A-645-919 "Constitution Week" - September 17-23, 1980
8)
Receiving: Mrs. Clyde Rodgers
Mrs. Paul Cates
646
80-39A-646-920 "Cotton Country Week" - September 22-27, 1980
( 9)
Receiving: Jo Carol Long, President of District Women's Cotton
Promotion Association
Wanda Thompson, Vice -President, District Women's Cot
Promotion Association
80-39A-646-921 "Arts and Business Week" - September 15-21, 1980
(9a)
Receiving: Carl Hill
80-39A-646-922 Special presentation to Water Resources Board
(10)
Resolution No. 600
A resolution expressing appreciation to Water Resources Board.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown
to pass Resolution No. 600 expressing appreciation to the Water Resources
Board for their effective work in connection with 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.
Following Council action, Mayor McAlister presented to Buddy Barron and
Russell Bean, appearing on behalf of the Water Resources Board, the
special Resolution of Appreciation.
JCR/pg
RESOLUTION NO. 600
WHEREAS the lifeblood of Lubbock's ecomonic future is assurance of
an adequate water supply, and
WHEREAS Lubbock's second most important resource is the bountiful
spply of dedicated citizens interested in the continued well-being of
this community and all its citizens, and
WHEREAS this type of leadership is personified by the City of
Lubbock Water Resources Board and the Citizens Group for Water Development,
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Lubbock expresses its most sincere gratitude to the selfless members of
these organizations for the vital role they played in keeping the public
informed of our water development needs, and
BE IT FURTHER RESOLVED that the City Council of the City of Lubbock
extends to the citizens of this forward -looking community its appreciation
for the amazing vote of confidence in the future of Lubbock by authorizing
$21 million in water development projects on August 9, 1980, by an over-
whelming 91.9 per cent of the vote.
Passed by the City Council this 11thday of September -, 1980.
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
Isl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
/s/ Bill McAlister
BILL McALISTER, MAYOR
647
NEEIM,
80-39A-647-923 Ordinance No. 9004
(11)
Mr. Webb Corbin to appear to request the.closure of the alley located between Lot 2,
Freeway Addition and Lot 48_2, Oakwood Addition. If approved, pass ordinance on first
reading.
Mr. Webb Corbin appeared requesting that the south portion of the alley running north
and south in the 2300 Block of 52nd/53rd Street be closed for the reason that the alley
is unsafe for the residents in the area due to excessive traffic volume and the speed
with which the vehicles travel. The traffic is increased due to the new shopping center
located at 52nd Street and University Avenue as well as the Community Hospital located
in that vicinity. Mr. Corbin appeared before the Planning and Zoning Commission on
September 3, 1980 and received approval to his request.
The proponent will be responsible for expenses incurred in paving the alley and for
installing a full curb and gutter as well as the standard sidewalk installation, the
estimated cost not to exceed $1,000. Mr. Corbin indicated that at the P&Z Meeting the
figure quoted to him was $699-$750; clarification substantiated his understanding with
the maximum cost up to $1,000, to which Mr. Corbin is agreeable.
There being no discussion and no opposition to his request, the motion was made by
Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Ordinance No. 9004 on first
reading abandoning and closing the referenced alley. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea;
none voting Nay.
JWF:pc ORDINANCE NO. 9004
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: THE SOUTH ONE
HALF OF THE ALLEY BETWEEN LOT 482, OAKWOOD ADDITION AND LOT 2, FREEWAY 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 THAT CERTAIN ALLEY PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
80-39A-647-924 Mrs. Johnnie Guthrie of the Square and Round Dance Association to appear to request a
(12) loud speaker permit.
Mrs. Guthrie appeared on behalf of the Square and Round Dance Association requesting the
use of a loud speaker in conjunction with the street dance to be held Saturday, September
13, 1980, from 8:00 p.m. to 10:30 p.m. on the parking lot of Montgomery's Used Books
store at 4156 34th Street. The music is primarily country and western dance -type; the
commercial businesses in the area will be closed at the hour of the proposed dance.
There being no discussion and no opposition to the request, the motion was made by
Councilman Aderton, seconded by Councilman Brown to approve the request to use a loud
speaker at the above occassion. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
80-39A-647-925 Mr. Phil Hoel, Chairman of the Parks and Recreation Board, to appear to discuss the
(13) Senior Citizens Nutrition Program.
Mr. Phil Hoel, Chairman of the Parks and Recreation Board, appeared before the Council
to make the recommendation on behalf of the Board.
On May 22, 1980, the Council approved the Title III Nutrition Program for Senior Citizens
for a four -month period, ending September 30, 1980. At that time, the Council requested
the Board and staff to thoroughly examine the effectiveness of the Program and to recommend
at the end of the four -month period the feasibility of the Program and the alternatives
for funding and sponsorship of the Program.
A Study Committee within the Board was appointed composed of Ethel McLeod, Rev. Adolphus
Cleveland, and Chairman Phil Hoel.
Mr. Hoel made the report of the Study Committee indicating that the Program was very
effective, efficiently operated, with a minimum of waste; that the five major churches
were contacted regarding the funding and/or sponsorship of the Program, all of which
declined, becoming involved for the reason that federal monies were involved; that those
members of the senior citizens group that were able to pay for their meals were urged to
do so, and any.member of the senior citizens' group participating in the Nutrition
Program who wished to make a contribution in accordance to his/her means were invited to
do so, the total amount contributed annually totaling approximately $15,000 to $20,000;
that there were approximately 300 participating in the Nutrition Program on a regular
basis, some 700 to 800 senior citizens involved in the entire Program; that contact was
made with the SPAG officials regarding funding for the Program to the effect that there
will be approximately $40,000 forthcoming to the Governor's Office, the exact amount not
determined at this time.
The main item at issue at this moment is the deficit in the amount of approximately
$39,000, it being the desire of the Parks and Recreation Board to use CD funds to cover
this deficit. The total Senior Citizen Program is approximately $212,000 annually,
$154,000 consisting of federal funds and $20,000 of local funds. Additional funding
from other funding entities has not been achieved to cover the entire Program, and it
was discussed by the Park Board to incorporate this Program into the 1981-82 Budget
648
sEp 11 1980
Following Mr. Hoel's presentation, he indicated the Parks and Recreation
Board recommended, unanimously, in a vote of 7-0 that the Senior Citizens
Program be operated at the present level; that the $39,000 deficit for
the present Program be covered by Community Development funds; that the
Senior Citizens Program become a permanent budget item so that City funds
needed to cover the Program annually may be allocated, thus eliminating
any possible deficits as has been experienced this year.
In response to Council query, Jim Underwood of the Parks and Recreation
Department indicated that the total sum for the Program (approximately
$212,000) covers the vehicle operation and maintenance, personnel, related
social activities at the sites, of which there are seven, as well as the
Nutrition Program; that if the Nutrition Program is discontinued, four of
the seven sites would be discontinued, leaving the three major locations
in operation; that the Program is operated in an effective and efficient
manner with little waste in evidence.
Mayor Pro Tem Henry indicated that he was opposed to making a permanent
commitment at this time for the Program to be included as a regular
budget item without the entire Program being submitted through the City
Manager in the regular budgeting process, whereby each program is evaluated
and compared to other needs of the City.
Councilwoman Baker indicated that she was concerned about the federal
guidelines not allowing an assessment to the participants of the Nutrition
Program to off set some of the cost, and is not opposed to the Program,
but to the method of funding.
Councilman Brown stated he was opposed to the City becoming involved in
food servicing projects on a permanent basis.
Following discussion, the motion was made by Councilman Aderton to approve
the Parks and Recreation Board's recommendation that the deficit of
$39,000 be funded from Community Development funds, said funds being
designated for low -to -moderate income projects. The motion was seconded
by Mayor Pro Tem Henry with the UNDERSTANDING that we are not committing
the Program to become a regular budgeted item. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry and Councilman Aderton voting Yea; Councilman
Brown and Councilwoman Baker voting Nay.
Following Council action, Councilwoman Baker reiterated her position that
while the Senior Citizens Program was a worthwhile program, that she was
not against the Program per se; she did feel that it was not the City's
responsibility to fund such a program; that the CD funds should be used
for other types of low -to -moderate income projects; that she feels the
City is becoming of a welfare agency rather than a governing body.
80-39A-648-926 Ordinance No. 8097
(14)
An approriation ordinance for improvements required for platting fire
station site in the Shadow Hills Addition (Fire Dept. Bond Funds).
ORDINANCE NO. 8097
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:
Fire Department Bond Fund
The sum $16,702.22
649
For the following purpose: Platting Cost for Tract A, Shadow Hills:
1. Pro Rata Water Cost
2. Pro Rata Sewer Cost
3. City's Portion of Contracted
Paving
4. City's Pre -paid paving costs
on Erskine Street
AND IT IS SO ORDERED
$2,540.55
2,446.45
4,353.86
7,361.36
$16,,702.22
Passed by the Council on first reading this 28th day of August, 1980.
Passed by the Council on first reading this llth day ofSeptember�,1980.
Isl Bill McAlister
MAYOR
ATTEST:
Isl Evelyn Gaffga
CITY SECRETARY-TREAS. VERIFIED BY: Isl J. RobextMassengale
APPROVED BY:/s/ Wayne Mahaffey Fire Dept.
HEAD OF DEPT. DEPT.
80-39A-649-927 Ordinance No. 9000
(15)
An appropriation ordinance for 500 3 cu. yd. sideloading containers (Bid #5933) Sanitation
Capital Reserve Fund).
ORDINANCE NO. 9000
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 fund, to -wit:
Fund 30 Capital Reserve, the following sum;
6063: Residential Collections.
500 sideloading containers . . . . . . . . . . . $100,500.00
100.500.00
Such sum is required for the purchase of equipment needed in residential sanitation
service.
AN IT IS SO ORDERED.
Passed by City Council on first reading this 28th day of August, 1980.
Passed by City Council on second reading this llth day of September, 1980.
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Isl Donald G. Vandiver Isl Denzel Percifull
Donald G. Vandiver, Asst. City Attorney Denzel Percifull, Director
Public Services
650
80-39A-650-928 Ordinance No. 9001
(16)
An appropriation ordinance for eight 1981 trucks for mounting sideloader
bodies (Bid #5936) (Sanitation Capital Reserve Fund).
ORDINANCE NO. 9001
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
8 Truck Cabs and Chassis . . . . . . . . . . $271,000.00
TOTAL $271,000.00
Such sum is required for the purchase of equipment needed in residential
sanitation.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 28th day of August, 1980.
Passed by City Council on second reading this llth day of September, 1980.
/s/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/s/ Evelyn Gaffga /s/ Robert Massengale
Evelyn Gaffga, City Secretary- Robert Massengale, Finance Officer
Treasurer
APPROVED AS TO CONTENT:
/s/ Denzel Percifull
Denzel Percifull, Director of Public Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
80-39A-650-929 Ordinance No. 8088 - Zone Case No. 2288
(17)
An ordinance changing Lots 1-6, Block 1, Myricks Addition, City of
Lubbock, Lubbock County, Texas, from R-2 and C-4 to C-4 Zoning
District (located at 19th & Avenue N), subject to the following conditions:
a. That it have a six-foot masonry fence adjacent to the
residential property to the south;
b. That it be tied to the site plan.
SMT:pc
ORDINANCE NO. 8088
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2288;
CHANGE LOTS 1-3, BLOCK 1, MYRICKS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY
TEXAS FROM C-4 TO C-4 ZONING DISTRICT; CHANGE LOTS 4-6, BLOCK 1, MYRICKS
ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY TEXAS FROM R-2 TO C-4 ZONING DISTRIC
SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5
OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
E
Mm
SEP i 1 1980
The motion was made by Mayor Pro Tem. Henry, seconded by Councilwoman Baker to pass
Ordinance Nos. 8097, 9000, 9001 and 8088 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-651-930 Ordinance No. 8089 - Zone Case No. 2289 (no site plan submitted)
(18)
An ordinance changing a tract of land out of Section 2, Block E, City of Lubbock,
Lubbock County, Texas, from C-4 to C-4 Specific Use Permit under provisions of Section
22.3-23 of the Zoning Ordinance for fenced storage on Lot B, Lyndale Acres Addition,
subject to the following conditions,:
a. That there be a six-foot solid masonry fence erected on
the south and west sides of the outside storage area;
b. That a chain -link fence be erected on the Avenue A side
of the outside storage area;
C. That there be no outside storage higher than the fence.
The motion was made by Mayor Pro Tem. Henry, seconded by Councilwoman Baker to pass
Ordinance No. 8089, subject to amending, i.e. a fourth condition be stipulated that the
request be tied to a site plan and that the proponent conform to the sign regulations as
stated in the Zoning Ordinance. Motion carried as amended: Mayor McAlister, Mayor Pro
Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting
Nay.
SMT:pc ORDINANCE NO._8089
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF
LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2289; CHANGE LOT B, LYNDALE
ACRES ADDITION, AND A TRACT OF LAND OUT OF SECTION 2, BLOCK E, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS FROM C-4 TO C-4 SPECIFIC USE ZONING DISTRICT: SUBJECT TO CONDITIONS;
AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS
PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
80-39A-651-931 Ordinance No. 8090 - Zone Case No. 2290
(19)
An ordinance changing Lot 9 and E/2 of Lot 10, Block 37, Overton Addition, City of
Lubbock, Lubbock County, Texas, from R-2 to A-2 Zoning District (located at 2017--
7th).
The motion was made by Mayor Pro Tem. Henry, seconded by Councilwoman Baker to pass
Ordinance No. 8090 on second and final reading. Motion carried: Mayor McAlister, Mayor
Pro Tem Henry, Councilman Brown and Councilwoman Baker voting Yea; Councilman Aderton
voting Nay. (no site plan submitted)
ORDINANCE NO. 8090
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY
OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2290; CHANGE LOT 9 AND
THE EAST 1/2 OF LOT 10, BLOCK 37, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS
FROM R-2 TO A-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF
CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
80-39A-651-932 Ordinance No. 8091 - Zone Case No. 802-C
(20)
An ordinance changing a tract of land out of Section 8, Block B, City of Lubbock,
Lubbock County, Texas, from R-1 Specific Use to C-4, subject to the following conditions
on Lots 1, 9, 10, 11 and 12:
a. That it be limited to a one-story development;
b. That there be a 30-foot_s_e_tback on the west and north sides
of the subdivision;
C. That a solid wood or masonry fence be built along the alley;
d. That the following C-4 uses not be allowed: commercial private
clubs, dance halls, feed stores, garage (public repair), hot
tamale plant, lumber yard, motorcycle shop, auto body shop,
commercial laundry, road machinery sales, used car sales, trailer
sales, bar or lounge, public kennel and veterinary hospital.
ORDINANCE NO. 8090
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY
OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2290; CHANGE LOT 9 AND THE
EAST 1/2 OF LOT 10, BLOCK 37, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS
FROM R-2 TO A-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION
1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
652
S EP 111980
80-39A-652-933
(21)
80-39A-652-934
(22)
80-39A-652-935
(23)
Ordinance No. 8092 - Zone Case No. 2292 (no site plan submitted)
An ordinance changing Lots 97 and 98, James Subdivision, City of Lubbock,
Lubbock County, Texas, from R-1 to M-1 Zoning District, subject to the
following condition:
a. That a solid screening fence be erected to screen any
outside storage from residential developments.
ORDINANCE NO. 8092
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2292;
CHANGE LOTS 97 AND 98, JAMES SUBDIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS FROM R-1 TO M-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR
A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Ordinance No. 8093 - Zone Case No. 2118-D
An ordinance changing a tract of land out of Section 15, Block E-2, City of
Lubbock, Lubbock County, Texas, to amend site plan (located at 92nd St. and
Vicksburg Avenue). _
ORDINANCE NO. 8093
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7445 OF THE CITY OF LUBBOCK,
ZONE CASE NO. 2118-D, CHANGE SECTION 15, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS BY AMENDING THE SITE PLAN MADE A PART THEREOF; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Ordinance No. 8094 - Zone Case No. 2293
An ordinance changing the east 266.68 feet of Block 1, Granville Johnson
Addition from C-4 to C-4 Specific Use Permit under the provisions of Section
22.3-24 of the Zonin Ordinance for mini -warehouses (located at 1601 - 34th
Street).'
ORDINANCE NO. 8094
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2293;
CHANGE THE EAST 266.68 FEET OF BLOCK 1, GRANVILLE JOHNSON ADDITION, CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-4 TO C-4 SPECIFIC USE ZONING
DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDINi
FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to
pass Ordinance Nos. 8091, 8092, 8093 and 8094 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-652-936 Ordinance No. 8095 - Zone Case No. 1891-C
(24)
An ordinance changing Lots 76 and 77, Quail Rid e Addition, City of Lubbock,
Lubbock County, Texas, from R-2 to AM Specific Use Permit under provisions of
Sec. 22.3-20-3 of the Zoning Ordinance for professional offices (located at
4502 - 65th Street).
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to�
pass Ordinance No. 8095 on second and final reading, as amended, placing a
condition upon the request of the proponent that the request be tied to a sit
plan and that the proponent is to conform to the sign regulations as stated i
the Zoning Ordinance. Motion carried as amended: Mayor McAlister, Mayor Pro
Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea;
none voting Nay.
SMT:pc
ORDINANCE NO. 8095
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1891-
C; CHANGE LOTS 76 AND 77, QUAIL RIDGE ADDITION, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS FROM R-2 TO AM SPECIFIC USE PERMIT ZONING DISTRICT; SUBJECT TO
CONDITIONS; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVID
FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
G
653
s•�
a
80-39A-653-937 Ordinance No. 8098
(25)
An ordinance amending Chapter 14-7.3(a)(1) regarding residential and small
commercial garbage rate charges.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass
Ordinance No. 8098 on second and final reading. Motion carried: Councilmen Brown and
Aderton and Councilwoman Baker voting Yea; Mayor McAlister and Mayor Pro Tem Henry
voting Nay.
ORDINANCE NO. 8098
AN ORDINANCE AMENDING SEC. 14-7.3, SUBSECTIONS (a) (1)' (a)(3), OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, PERTAINING TO CHARGES FOR RESIDENTIAL GARBAGE
AND TRASH COLLECTION, BY AMENDING THE LANGUAGE OF SAID SUBSECTIONS TO READ AS IS HEREINAFTE.
SET OUT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
80-39A-653-938 Ordinance No. 8099
(26)
An ordinance amending Ordinance No. 1670 expanding the Plumbing Board to seven members,
and altering the term of office to three years.
This item was HELD.
80-39A-653-939 Ordinance No. 9002
(27)
An ordinance approving and adopting the budget for the fiscal year October 1980-September
30, 1981.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass
Ordinance No. 9002 on second and final reading. Motion carried: Mayor McAlister,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; Mayor Pro Tem Henry
voting Nay.
80-39A-653-940 Ordinance No. 9003
(28) ...
An ordinance setting the tax rate at $1.10 and levying said tax for 1980.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass
Ordinance No. 9003 on second and final reading. Motion carried: Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; Mayor McAlister voting
Nay.
JCR:cl
ORDINANCE NO. 9003
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO
TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1980; APPORTIONING SAID LEVY
AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN
WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH
TAXES WITHIN THE TIME PROVIDED.
80-39A-653-941
(29)
Presentation of Traffic Engineering Report
Inc., concerning
from
the firm of
Turner, Collie, and Braden,
a grade separation at East
34th
Street and
Quirt Avenue.
At the 8:30 Work Session, the Council was apprised that there was no action needed on
this particular item, that the representative of the firm of Turner, Collie and Braden,
Inc. was merely making a presentation regarding the East 34th Street/Quirt proposed
grade separation.
At the Regular Session, Mr. Harvey Hawkins, Manager of Turner, Collie and Braden, Inc.,
the Urban Transportation Traffic Engineering firm, made the presentation regarding the
above referenced matter.
Mr. Hawkins indicated that they established nine tasks to be completed: (1) inventory,
(2) traffic checks, (3) analysis of data, (4) develop alternate concept designs, (5)
detail alternate concept designs, (6) recommend the best solutions, (7) prepare implementati
plan, (8) document study, and (9) participate in public participation phase.
The route under consideration begins at 19th Street, proceeding north on Quirt, through
the Yellowhouse Canyon area, involving the Fort Worth/Denver Railroad area, proceeding
on 34th Street, Avenue A back to 19th Street. Of this route, the vehicular study
reflected there was 70% lane use, 35% of this lane use was for public use, i.e. to the
cemetery, schools, and YMCA; 25% was for cemetery use; 15% was for industrial/commercial
use; 30% for residential use. Traffic volume on Quirt, according to their traffic
check, reflected 7,500 vehicles per day north of the railroad on Quirt, and 5,100
vehicles per day south of the railroad on Quirt. Their recommendations were based on a
20-year plan (to the year 2000), both for vehicle and for railroad traffic.
654
In 1978, the rail traffic reflects there are 32 trains a day (Santa
Fe/Fort Worth/ Denver). Twenty five on the Santa Fe line, of which there
were seven for switching purposes; seven trains for Fort Worth/Denver, of
which only one was a thru train, the remainder used for switching purposes.
The projections for 1980 indicate the rail traffic will increase to 35
trains a day on both sets of tracks; projections for the year 2000 indicate
77 trains per day for both rails. Santa Fe, according to Mr. Hawkins, is
known for running short, fast trains, this being interpreted to mean 60
to 100 cars. The crossings involved at the above location at the present
time are blocked approximately 3 minutes and 34 seconds per train on both
of the above referenced rails.
The Firm submitted, pursuant to the agreement, five design concepts with
a projected speed of 35 to 40 mph: (1) at grade level, consisting of two
lanes, involving four crossings (this is a no -build design) (an estimated
cost of $1,585,100); (2) an underpass with frontage roads allowing for
traffic circulation into the local residential areas on both sides of the
crossings, the turning access extending past the crossing area at some
distance (an estimated cost of $8,052,600); (3) an underpass with connecting
roadways to accommodate more efficient turning access movements into the
respective residential areas (an estimated cost of $9,546,500). Mr.
Hawkins indicated that Santa Fe projects installation of two additional
tracks in their area in the projected 20-year period which would make a
total of six track crossings involved; (4) an overpass with frontage
roads for access into the residential area (an estimated cost of $5,719,900)
(5) an overpass with connecting roadways for easy turning access into the
respective areas (an estimated cost of $7,129,200). Mr. Hawkins indicated
that both railroad companies were reluctant to have an at grade crossing
and indicated that probably the matter would result in litigation. Mr.
Hawkins mentioned briefly the various funding agencies that could be
incorporated into such a project indicating the proposed timetable if
federal funds were involved would be the completion date of November,
1984; that in the event City monies only were used, a completion date
would be between June/December 1983.
It was the recommendation of the firm of Turner, Collie and Braden that
design concept No. 5 be used, that such a project could be implemented in
stages; that such a project would be eligible for federal funding and/or
funds from the State Highway system; that probably 5% of the total project
cost would be funded by both railroad companies. He did indicate that in
conferring with the Lubbock Independent School District and their present
bus routing system, there would be a savings of approximately $20,000
with the installation of such a grade crossing for the reason that there
are no school buses loaded with children that use the crossing at this
time. Only empty buses returning to the barns use this traffic route;
that the buses traveling with school children use Loop 289 and the savings
in time and gas and vehicle maintenance is calculated at a $20,000 savings
to the school district.
By CONSENSUS, the staff was instructed to prepare the various funding
methods available to the City for such a project, said report to be
submitted at the September 25, 1980 Council Meeting, if possible.
80-39A-654-942 Resolution No. 601
(30) A resolution authorizing the Mayor to sign Citibus advertising contract
with Phil Price Advertising.
The contract with Phil Price Advertising Agency is subject to renewal for
the fiscal year 1980-81, at the project amount of $35,911.00. This
contract is to provide a year -long advertising campaign for the citibus
program and has been approved by the Transit Advisory Board unanimously.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman
Baker to pass Resolution No. 601. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay.
655
WE=
VVQ0T UTTONT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a Citibus Advertising Agreement
between the City of Lubbock and Phil Price Advertising, attached herewith which shall
be spread upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in detail.
I
Passed by the City Counci this llth day of Septembe r,1980.
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ John L. Wilson
John L. Wilson, Transit Coordinator
011�1.1 �$ I �Ilw
/s/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
CITIBUS ADVERTISING AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THIS AGREEMENT entered into between the CITY OF LUBBOCK hereinafter called CITY
and PHIL PRICE ADVERTISING hereinafter called AGENCY, Witnesseth:
WHEREAS, the City of Lubbock has determined that it would be in the best interest of
the citizens of Lubbock to inform them of the new buses to be added to the mass transit
system within the City of Lubbock and to encourage the citizens to avail themselves of
the services of the transit system.
I.
NOW THEREFORE, the CITY does hereby engage the services of the AGENCY to design and
implement an advertising campaign covering the Citibus transit system within the City
of Lubbock upon the following terms and conditions.
II.
The AGENCY shall commence its advertising services on October 1, 1980, with such
campaigns continuing throughout the year until approximately September 30, 1981.
The compensation to be paid by the CITY to the AGENCY shall not exceed the sum
of $36,000. Payment shall be made by the CITY to the AGENCY upon statements submitted
to the CITY monthly by the AGENCY listing in detail the expenditures on such campaign
for the preceeding month.
"M
The services to be rendered by the AGENCY shall be subject to approval by the Lubbock
Public Transit Advisory Board.
V.
The AGENCY shall be considered an independent contractor and shall be responsible
for any contracts it enters into for advertising services or equipment. The AGENCY shall
hold the CITY harmless from the acts of its principals, employess, or agents.
656
am
This AGREEMENT may be terminated by the CITY upon notice to the
AGENCY that the terms of this agreement have not been met and that the
AGENCY has failed to perform as agreed.
EXECUTED this the llth day of September, 1980.
/s/Phil Price
Phil Price Advertising
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
APPROVED AS TO CONTENT:
/s/ John L. Wilson
John L. Wilson, Transit Coordinator
80-39A-656-943 Resolution No. 602
(31)
A resolution accepting paving improvements constructed by Kerr Construction
Company on the 1979 Assessment Paving Program - G.W.O. 10,976 and
G.W.O. 10,976-A (9 Sub -Units).
The work on several streets in the area of the South Plains Mall - York
Road on the south and west, Richmond Avenue on the east, 58th Street on
the north - has been completed. The total contract cost was $173,970.85;
the remaining balance is $21,865.69.
The motion was made by Councilman Brown, seconded by Councilman Aderton
to pass Resolution No. 602 accepting the referenced paving improvements
and authorizing 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.
JCR:cl RESOLUTION NO. 602
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS,
AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES
IN EVIDENCE OF ASSESSMENTS LEVIED.
WHEREAS, the City of Lubbock heretofore passed various street
improvement ordinances and resolutions and entered into contract with
Kerr Construction Company, G.W.O. 10,976 and G.W.O. 10,976-A, for the
making and construction of street and/or alley improvements on portions
of numerous alleys, streets and/or avenues in said City including among
others the following:
Wayne Avenue from its intersection with a line 17.00 feet South
of the South property line of 58th Street to its intersection with
a line 18.00 feet North of the North property line of 59th Street
known and designated as Sub -Unit Number 80 of Unit Number 2234.
Toledo Avenue from its intersection with a line 18.00 feet North
of the North property line of 65th Street to its intersection with
a line 13.00 feet North of the North property line of 66th Street
known and designated as Sub -Unit Number 84 of Unit Number 2234.
64th Street from its intersection with a line 18.00 feet West of
the West property line of Vicksburg Avenue to its intersection
with a line 16.00 feet West of the West property line of Utica
Avenue known and designated as Sub -Unit Number 86 of Unit Number
2234.
657
SEP I p lq , .0
65th Street from its intersection with York Drive to its intersection with a line
18.00 feet East of the East property line of Vicksburg Avenue known and designated
as Sub -Unit Number 87 of Unit Number 2234.
65th Street from its intersection with a line 18.00 feet East of the East property
line of Vicksburg Avenue to its intersection with a line 16.00 feet West of the
West property line of Utica Avenue known and designated as Sub -Unit Number 88 of
Unit Number 2234.
65th Street from its intersection with a line 16.00 feet West of the West property
line of Salem Avenue to its intersection with a line 13.00 feet East of the East
property line of Toledo Avenue known and designated as Sub -Unit Number 89 of Unit
Number 2234.
Vicksburg Avenue from its intersection with a line 18.00 feet South of the South
property line of 65th Street to its intersection with a line 14.00 feet North of
the North property Line of 66th Street known and designated as Sub -Unit Number 90
of Unit Number 2234.
York Drive from its intersection with the North Lip Line of 62nd Street to its
intersection with 65th Street known and designated as Sub -Unit Number 91 of Unit
Number 2234.
Utica Avenue from its intersection with a line 18.00 feet South of the South
property line of 64th Street to its intersection with a line 14.00 feet North of
the North property line of 66th Street known and designated as Sub -Unit Number 16
of Unit Number 2235.
AND WHEREAS, the improvements upon the
streets and/or avenues, have been inspected
accordance with terms and specifications of
G.W.O. 10,976-A.
said portions of the above -mentioned alleys,
and found to have been constructed in
the City as found in G.W.O. 10,976 and
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS:
I.
That the improvements on said portions of the above -mentioned alleys, streets,
and/or avenues be and the same are hereby accepted, and the City Engineer BE and he is
hereby authorized to direct payment of the City's portion of the cost.
That the Mayor and City Secretary BE, and they are hereby instructed to execute
and deliver certificates in evidence of the assessments levied against the parcels of
property abutting upon the said portions of the alleys, streets and/or avenues listed
above and against the owners of such property in accordance with law and in the manner
provided in said contract, and the proceedings with reference to said improvements and
assessments where such assessments were levied.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS llth
day of September, 1980.
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
Isl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
*Note: Consolidated Final Estimate is attached to original resolution.
80-39A-658-944 Ordinance No. 9005
(32)
An ordinance to abandon and close the alley adjacent to Lots 1-6, Block
1, Carter Park Addition.
The property in question is located on North Loop 289 at Ash Avenue.
The property is platted for residential development which was completed
prior to the construction of Loop 289. The developers have been granted
a zone change to C-4 zoning, and are requesting that the alley be
closed which would make it more marketable for commercial development.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem
Henry to pass Ordinance No. 9005 on first reading. Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and
Councilwoman Baker voting Yea; none voting Nay.
JWF:pc ORDINANCE NO. 9005
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF
ALLEY: THE ALLEY ADJACENT TO LOTS 1 THROUGH 6, CARTER PARK 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 THAT CERTAIN ALLEY PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
80-39A-658-945 Ordinance No. 9006
(33)
Appropriation ordinance from Sanitary Sewer Capital Project Funds.
This appropriation is to transfer from the Sewer Revenue fund $150,000.00
to the Sanitary Sewer Capital Projects fund for the purpose of constructing
the wastewater effluent pipeline in conjunction with the LCC Institute
of Water Research. The City is not appropriating funds to LCC, either
to the Institute or to the University; the City will retain ownership
of the pipeline and the pump installation on this project and is working
in conjunction with LCC Institute of Water Research on this matter.
These statements were made to alleviate public concern that the City
was appropriating taxpayer monies to LCC, which is not the case.
The motion was made by Councilman Brown, seconded by Councilwoman Baker
to pass Ordinance No. 9006 on first reading. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Counci
Baker voting Yea; none voting Nay.
ORDINANCE NO. 9006
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 transferred from Sewer Revenue Fund Balance to
Sanitary Sewer Capital Projects Funds and appropriated out of the
Sanitary Sewer Capital Project Fund.
The sum $150,000
659
S E P
For the following purpose:
To pay Lubbock Christian College Institute of Water Research for
a portion of payment of lease agreement.
AND IT IS SO ORDERED
Passed by the Council on first reading this llth day of September, 1980.
Passed by the Council on second reading this _ day of 1 1980.
ATTEST:
CITY SECRETARY-TREAS.
80-39A-659-946 Resolution No. 603
(34)
MAYOR
VERIFIED BY: /s/ J. Robert Massengale
FINANCE OFFICER
Water
APPROVED BY: Isl Wilford D. Watson Utilites
HEAD OF DEPT. DEPT.
Consider Change Order No. 2 to G.W.O. 10982, and authorize same.
This change order is phase one in the renovation of Southeast Water Reclamation Plant.
There being some problem in the delivery of needed materials, contractor Anthony Mechanical,
Inc. requested an extension of nineteen weeks for completion of the project.
I I
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RESOLUTION NO. 603
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
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a change order on behalf of said City with the Contractor, being Anthony Mechanical,
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Inc., on a contract with respect to Phase No. 1 Renovation of Plant No. 1 S.E. Water
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Reclamation Plant G.W.O. 10982, being known as Change Order No. 2 attached herewith and
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made a part hereof as if fully copied herein in detail.
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Passed by the City Council this 11th- day of September 1980
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BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Wilford D. Watson
Chief Engineer, Water Utilities
Engineering
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
*Note: Change Order is attached to original resolution.
SEP I 1 1980
80-39A-660-947 Resolution No. 604
(35)
Consider Change Order No. 4 to W.W.O. 11536, and authorize same.
This change order is for the reservoir and Pump Station No. 10 located
at 82nd Street and Memphis Avenue to prevent damage in cold weather when
the pumps and equipment are not being used.
JWF:bs RESOLUTION NO. 604
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute a change order on behalf of said City with the
Contractor, being C.B. Thompson Construction Co. on a contract with
respect to Pump Station No. 10 and Reservoir, City of Lubbock, Texas,
being known as Change Order No. 4, attached herewith and made a part
hereof as if fully copied herein in detail.
Passed by the City Council this llth day of September , 19 80
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Wilford D. Watson
Chief Engineer, Water Utilities
Engineering
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
CHANGE ORDER NUMBER FOUR
Pump Station No. 10 and
Reservoir
City of Lubbock, Texas
TO: C. B. Thompson Construction Co.
P.O. Box 6456
Lubbock, Texas 79413
General description of work included in contract: Construction of
ten million gallon reservoir, pump station, piping and other related items.
Change Order Number Four . . . . . . . . . . . . . . $ 6,962
Original Amount of Contract . . . . . . . . . . . . 1,793,000
Change Order Number One . . . . . . . . . . . . . . 5,752
Change Order Number Two . . . . . . . . . . . . . . 3,351
Change Order Number Three . — . . . . . . . . . . . -0-
Adjusted Contract Amount . . . . . . . . . . . $1,809,065
Adjustment in Construction Time . . . . . . . . None
WHEREAS, it is desirable to change the amount of the contract for 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:
661
SEP 11 1980
Item
No.
Description
Cost
1.
Provide and install Farr 30/30 2-inch
deep filters in galvanized holding
frames, galvanized support frames, and
appurtenances behind all -,louvered openings
in pump building, chlorine room,
and lawn storage room.
$ 2,339
2.
Provide and install operating dampers
behind all louvered areas in pump building,
chlorine room, and lawn storage room.
3,929
3.
Furnish and install electric unit heaters,
complete with thermostats, in chlorine
room and lawn storage room. Install thermo-
stat on heater in bathroom.
694
TOTAL
$ 6,962
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this
the llth day of September, 1980.
Recommended: PARKHILL, SMITH & COOPER, INC., Consulting Engineers
By Isl James R. Glenn_, Proj. Engineer , 9/2, 1980
Approved: C. B. THOMPSON CONSTRUCTION COMPANY, Contractor
By Isl C. B. Thompson , President , 9-3 , 1980
Approved: CITY OF LUBBOCK, TEXAS, Owner
By Isl Bill McAlister, , Mayor 1, 9-11, 1980
Attest: Isl Evelyn Gaffga
City Secretary
80-39A-661-948 Ordinance No. 9007
(36)
An appropriation ordinance from Water Capital Improvement Funds.
This appropriation in the amount of $6,962.00 is to fund the Change Order No. 4 (W.W.O.
11536) referenced, in Resolution No. 604.
ORDINANCE NO. 9007
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 Improvement Funds
The sum $6,962.00
662
For the following purpose:
1. Addition of filters behind all ventilation
louvers in the pump building, chlorination
room and storage room.
2. Addition of operable dampers behind all ven-
tilation louvers in the pump building, chlori-
nation room and storage room.
3. Addition of heaters in the chlorination room
and the storage room and addition of a
thermostat to the restroom heater.
TOTAL
AND IT IS SO ORDERED
Cost
$2,339.00
$3,929.00
$ 694.00
$6,962.00
Passed by the Council on first reading this llth day of September, 1980.
Passed by the Council on second reading this day of _ , 1980.
ATTEST:
CITY SECRETARY-TREAS. VERIFIED BY:/s/J. Robert Masse
FINANCE OFFICER
APPROVED BY:/s/
HEAD OF DEPT.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem
Henry to pass Resolution Nos. 603 and 604, and to pass Ordinance No.
9007 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-662-949 Resolution No. 605
(37)
A resolution authorizing the Mayor to sign a contract with the Economics
& Engineering Services, Inc. for the -preparation of a Cost of Service
Rate study, and authorize budget supplement from Reserve for System
Improvements.
At the 8:30 Work Session, Director of LP&L Sales and Service Carroll
McDonald indicated that this was a requirement according to the federal
regulations in accordance with Public Law 95-617, PURPA, said requirements
being in connection with the standards for rate -making principles
dealing with different classes of electric consumers and is of such an
intricate nature that it cannot be handled by in-house staff. Six
proposals from reputable firms have been received and the appropriate
staff members recommend the contract of Economic and Engineering Services,
Inc. (EES) to perform this work at an estimated cost not to exceed
$20,000. A grant from the DOE in the amount of $8,300.00 has been
awarded for this type of service study, the balance of $11,700.00 to be
funded from LP&L Reserve for System Improvement fund.
The motion was made by Councilwoman Baker, seconded by Councilman Brown
to pass Resolution No. 605. Motion carried: Mayor McAlister, Mayor
Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay.
DWR: c 1
RESOLUTION NO. 605
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
Consultation Contract between the City of Lubbock and Economic and
e
663
S EP
Engineering Services, Inc., attached herewith which shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall constitute and be
a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this llth
day of September - '1980.
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Carroll McDonald
Carroll McDonald, Director
Electric Utilities Sales and Service
APPROVED AS TO FORM:
Isl David W. Reagan
David W. Reagan, Assistant City Attorney
CONSULTATION CONTRACT
This contract, entered into by and between the City of Lubbock, Texas, hereinafter
called City, and Economic and Engineering Services, Inc., hereinafter called EES, witness:
WHEREAS, the City is desirous of obtaining a cost of service study for the
municipally owned utility known as Lubbock Power and Light (LP&L), and
WHEREAS, the City is desirous of acquiring the assistance of EES in determining
the Section 111 Rate Standards of the Public Utility Regulatory Policies Act of 1978.
NOW, THEREFORE, the parties hereby agree as follows:
I. Scope of Services
EES shall perform the following services under the terms and conditions hereinafter
stated and EES hereby accepts and agrees to perform such services:
A. EES will define the management objectives of LP&L as they generally
apply to tariff administration. More specifically, EES will define
to the extent which LP&L wishes to use the cost of services as a basis
for class rate designs and revenue requirements.
B. EES will assist in the generation of a pro form income statement
based upon LP&L's most recently audited financials.
C. All LP&L expenses will be functionalized as to their nature. Each
expense item on LP&L's revenue requirement will be placed into the
categories of production, transmission, distribution, general or common
related. Debt service, replacements and improvements will also be
functionalized. Functionalized annual expense totals then will be
classified by their cost causal nature, into customer, demand, or energy
related.
D. Total classified expenses will be allocated among customer classes based upon
classes' contribution to total system customer, demand.and commodity re-
quirements. These allocations will be aggregated to determine cost of service
revenue requirements for each customer class. The classes' allocational units
will be divided into retrospective revenue requirements to calculate unit
costs for subsequent rate design purposes.
E. EES will use the class unit cost and revenue requirements derived in the
cost of service study to help LP&L to determine the Section III Rate
Standards of the Public Utility Regulatory Policies Act of 1978. EES
will assist LP&L in determining a common position in the required rate
determinations. EES will neither present these findings or assist LP&L
personnel in this endeavor. System operational characteristics, cost of
service results and the LP&L management objectives will be incorporated
into this critique.
to
II. Duties of City
The City will provide through LP&L the following information if it is
available. Any of the following information which the City does not have
available, EES will assist in gathering such information to the maximum
extent possible.
A. Base Data
1. Rate revenues by tariff.
2. Copies of the computer back-up for all operating expenses.
A split between labor and other expenses will be helpful.
3. Base data for the calculation of annual depreciation expense.1
Depreciation by function should be provided (i.e., production,
transmission, distribution, meters, services, etc.). I
4. Interest expense functionalized by major capital facility.
S. Original cost and accumulated depreciation for capital
facilities by function. CWIP and contributions in aid of
construction should be separately identified if possible.
B. Consumption Data
1. Kilowatt hour sales and number of customers by tariff.
2. Maximum system monthly demands at a common voltage level.
3. All peak demand data from distribution feeders which serve
homogeneous groups of customers.
4. Any borrowed load data available from Southwestern Public
Service. This data should include load factors and coinciden
factors for all major classes of customers.
C. Miscellaneous Data
1. Minimum service study for the distribution system. This
exercise must be conducted to accurately classify distribution:
expenses between customer and demand components. To facilita�
this analysis, the number and size of distribution poles,
wires and transformers will be needed, along with an
estimate of their currently installed unit costs.
If Southwestern Public Service has done such a study
for the Lubbock service area, this would be extremely
helpful.
2. Any major facilities dedicated to serving only one customer.
3. A line loss estimate for transmission, primary distribution
and to secondary :.distribution systems.
4. Discussion with LP&L planning personnel on the design
criteria used in the sizing of various capital facilities.
III. Compensation
EES will provide the scope of services herein provided for a fee not
to exceed $20,000. ..The scope of work can be increased or decreased by
mutual consent of EES and the City if certain areas of the project need
re-evaluation. The fee or compensation for such variations in the scope
of work will vary accordingly.
IV. Time of Performance
The services of EES are to commence on or about the date this contract
is entered into and shall be undertaken and completed in such sequence as to
assure the expeditious completion and rendition of such services as required
by this contract. On the date that this contract is entered into, LP&L will
begin data collection as specified in the contract. After data collection
is completed by LP&L and furnished to EES, EES will, if necessary, visit
Lubbock to review the input data, establish an analytical framework and begi
the analysis. Upon completion of these tasks, a five week period will be
provided to complete the draft narrative. Senior EES personnel then will
return to Lubbock for two additional days of staff training, discussion of
the draft report and presentation of their initial position on Section 111
of the Public Utility Regulatory Policies Act of 1978. The final paper will
then be provided. Time is of the essence.
665
V. Independent Contractor Relationship
Nothing herein shall be construed as creating a relationship of employer and
employee between the parties. The City shall not be subject to any obligations or
liabilities of EES incurred in the performance of this contract unless otherwise
herein authorized. EES expressly agrees to indemnify and hold harmless the City of
Lubbock from any and all liabilities and obligations incurred due to the negligence of
EES or its employees.
VI. Law Governing the Contract
The parties hereto agree that the situs of,this agreement and the law governing
its interpretation is the State of Texas and the laws of that state.
VII. Method of Payment
EES will submit monthly invoices to the City of all labor and expenses accrued
during the execution of this engagement. The City will pay all invoiced amounts not
disputed in writing within thirty (30) days of receipt from EES.
VIII. Termination
Either party hereto may terminate this contract if the other party is responsible
for a breach thereof and fails to correct such breach for a period of ten days after
receipt of written notice to correct same.
IX. Notice
Any notices required under this contract shall be sufficient if sent by certified H
return receipt requested, to the City of Lubbock at the following address, City Manager,
City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457, and to EES at the following
address, Economic and Engineering Services, Inc., Management Consultants, P.O. Box
3182, Bellevue, Washington 98009.
X. Liability and Cancellation Rights
EES warrants its work will be performed according to the terms of this agreement
and the best of its professional capacity under the control of one or more principals
experienced in the services outlined herein. EES warrants that it will apply best
efforts to obtain the results client has requested and that client will be kept informed
of all major developments and incidents bearing on this work agreement, providing client
is reasonably available, and where client is deemed unavailable, a letter setting forth
details addressed to the client location set forth in this agreement shall release EES
from any duty to proceed further.
The liability of EES for services performed hereunder shall be limited to the
fees collected by EES, or the limits of its applicable insurance coverages whichever is
larger.
EES shall not be liable to third parties or others not a party to this agreement
unless such potential liability is expressedly recognized in this agreement through
client representations. Where client negligently fails to reveal such third party
interests in this agreement and the services reasonably arising thereunder, client
agrees -to save harmless EES from such third party claims.
XI. Acts of God
EES and client agree that acts of God which prevent, frustrate or otherwise
render this agreement beyond reasonable performance according to its terms shall
terminate this agreement and fix liabilities, fees, costs and expenses. The parties
agree to settle all accounts under this clause within 30 days.
XII. Ownership Work Product/License
EES agrees that client shall own exclusively all data and work products
developed under this agreement, except that EES shall retain the right to copies of
all data for its files and a license to use all methodologies or devices developed
provided that each such use shall not represent a violation of privacy to client,
loss of competitive advantage to the client, or be in controvention of statute
specifically applicable to the data, method or device.
XIII. Entire Agreement
This contract constitutes and expresses the entire agreement of the parties hereto
in references to the professional and expert services of EES for the City and no other
agreement, either expressed or implied exist between the parties hereto.
Signed and entered into this llth day of September, 1980.
/s/ Bill McAlister Isl Robert. R. Wubbena 9/8/80
City of Lubbock, Texas Economic and Engineering Services,
Bill McAlister, Mayor Inc.
Robert L. Wubbena, President
Attest: Attest:
Approved as to Content:
Isl Carroll McDonald
Carroll McDonald, Director of
Electric Utilities Sales
and Service
Approved as to Form:
Isl David W. Reagan
David W. Reagan
Assistant City Attorney
80-39A-666-950 Ordinance -No. 9008
(38)
An appropriation ordinance for financial, legal, and bond rating
services in conjunction with the July 1, 1980 Bond Sale.
In June, 1980, the Council authorized the sale of $6,450,000 in General
Obligation Bonds; the amount for financial, legal and bond rating
services total $33,887.50; the appropriation for First Southwest
Company finalizes this transaction.
The motion was made by Councilman Aderton, seconded by Councilwoman
Baker to pass Ordinance No. 9008 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. 9008
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessar
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: Various Capital Project Funds
The sum $33,887.50
For the following purpose:
Financial advisory fees, bond attorney fees, bond rating and bond
printing costs, CUSIP numbering:
Waterworks 78.79% $26,699.96
Sewer Improvements 12.40% 4,202.05
Street Improvements 8.81% 2,985.49
100.00% $33,887.50
Passed by the Council on first reading this llth day of September, 1980. 1
Passed by the Council on second reading this day of , 1980.1
ATTEST:
BILL McALISTER, MAYOR
Evelyn Gattga, City secretary -Treasurer
VERIFIED BY:
Isl J. Robert Massengale
FINANCE OFFICER
APPROVED AS TO CONTENT:
Isl Wilford D. Watson
Wilford D. Watson, Engineering Department
APPROVED AS TO FORM:
Isl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
7-7
80-39A-667-951 Consider fees to be charged� the independent auditors for the examination of the
(39) financial statements for the year ending September 30, 1980.
On December 12, 1979, the Council authorized the 5-year renewal contract with
Mason, Nichols and Warner to serve as outside auditors, said contract allowing for
fee adjustments if provided in a timely manner and properly justified. The Director
of Finance Robert Massengale has reviewed the above request for the fiscal year
ending September 30, 1980, in the amount of $61,500.00 for the general audit; this
fee does not include additional au that occur each year on special projects on
grants, Civic Center, Firemen's ReliefandRetirement fund, etc.
The motion was made by Councilman Brown,' , seconded by Councilman Aderton to approve
the above referenced fee adjustments as stated. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting
Yea; none voting Nay. (Note: Councilman Aderton stated that the approved fees for
the outside auditors now equals the pay scale for sheet metal workers in the San
Francisco area.)
80-39A-667-952 Resolution No. 606
(40)
A resolution authorizing the Mayor to execute a Lease Agreement with Berry's
Enterprises regarding T-hangar units.
The Airport owns 40 T-hangar units and has for the past five years contracted with
Berry's Enterprises for the leasing of these hangar units. The Lessee is responsible
for all maintenance, liability and operation of the facilities; the lease is for
five years with an annual rental of $9,865.84. The lease has been approved by the
Airport Board.
RESOLUTION NO., 606
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 between
Lubbock International Airport Board and John Berry-dba Berry's Enterprises for use
of T-Hangars - 40 units plus office space 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 llth day of September - ,1980.
ATTEST:
Isl Evelyn Gaf ga
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
Susan,M. Tom, Assistant City Attorney
Isl Bill McAlister
BILL McALISTER, MAYOR
S E P
--
THE STATE OF TEXAS
COUNTY OF LUBBOCK
KNOW ALL MEN BY THESE PRESENT
LEASE AGREEMENT
THIS AGREEMENT entered into by the City of Lubbock, a Home Rule
Municipality of Lubbock County, Texas, acting through the Lubbock
International Airport Board and John Berry-dba Berry's Enterprises of
Lubbock County, Texas.
ARTICLE ONE
LEASE OF DESCRIBED PREMISES
The City of Lubbock, (referred to as the "CITY"), upon the mutual
execution of this agreement, does lease to John Berry-dba Berry's Enterpri!
(a sole proprietorship) (referred to as "LESSEE"), the following premises
located at the Lubbock International Airport, (referred to as the
"AIRPORT"), in Lubbock County, Texas: T-HANGARS - 40 units plus
office space. A description of these locations is shown on the attached
and incorporated "Exhibit A".
A I? T T (IT "P TUO
I r, Nivi
The term of this lease shall be for five (5) years, beginning
August 1, 1980, and terminating July 31, 1985.
ARTICLE THREE
USE OF PREMISES
The LESSEE is granted for the stated term, a non-exclusive privilege
of conducting T-Hangar rental service from the leased premises and for
no other purpose.
ARTICLE FOUR
RENTALS, RECORDS, AUDIT AND PLACE OF PAYMENT
A. RENTAL - The LESSEE shall pay to the CITY as rental, NINE
THOUSAND EIGHT HUNDRED SIXTY FIVE AND 84/100 DOLLARS ($9,865.84)
annually. Rental shall be paid monthly, in advance, on the
first day of each month in a sum equal to one twelfth (1/12)
of the annual rent due hereunder.
B. LESSEE agrees that the rental rate will be adjusted upward or
dol
ward for each ensuing year at the beginning of the year On the
anniversary date and will be in direct proportion to the fluxuati
in the U.S. Department of Labor, Bureau of Labor Statistics Cost
of Living Index (C.P.I.). For the purpose of computing all
adjustments, the Bureau of Labor Statistics Cost of Living Index
as of January 1, 1980, shall be construed as the base period.
C. RECORDS - the LESSEE will provide the CITY a list of tenants
subleasing from LESSEE and will promptly notify CITY of
changes so that the list is current.
D. PAYMENT - All payments that become due and payable by the
LESSEE shall be made to the CITY OF LUBBOCK at the office of
Director of Aviation, Lubbock International Airport, Lubbock,
Texas, or as specified by the City Secretary -Treasurer.
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. CONDITION 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.
=s
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 leased premises and all
improvements and faciliti ' es 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 non-exclusive on the AIRPORT:
1. 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 or service and furnishers of materials. The rights
granted being subject to such ordinances, rules and regulations,
existing or later promulgated.
2. LESSEE agrees to provide at least two (2) units to be reserved
for the Civil Air Patrol at no cost to the Civil Air Patrol.
3. LESSEE agrees to maintain the doors as necessary for safe and
operable operation as required at no expense to the CITY.
4. LESSEE agrees that LESSEE does not acquire any equity in the
leased property and that the T-Hangers so leased remain the
sole property of the CITY.
5. LESSEE agrees to terminate this agreement reement upon thirty (30)
days notice if it is deemed by the Airport Board that the
hangars..leased herein need to be removed from the AIRPORT site
in order to provide for development of the AIRPORT.
6. LESSEE agrees that it will not engage nor permit the engagement
of any persons on the premises here leased, in any business
other than that which is expressly authorized herein.
7. LESSEE agrees that it will not permit the storage of gasoline,
oil, paint, dope or any other flammables in facilities leased
herein and that no smoking or open flame will be permitted. It
is also understood that LESSEE will not permit itself or any
person or firm to use leased facilities for any purpose other
than for storage of aircraft or uses authorized by Director of
Aviation and in no way shall any commercial operation of any
nature be permitted.
C,, MAINTENANCE - 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 of like
buildings on the airport. 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. Determination by the City Attorney
as to whether an item has been "permanently attached" shall be
final.
E. REMOVAL OF LESSEE'S PROPERTY - The LESSEE shall have the right,
within fifteen (15) days after the termination of this contract,
whether such termination comes upon expiration of the primary term
or otherwise under any provision of this contract, 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 the CITY, and the right of removing LESSEE'S property is
made upon the condition that all amounts due and owing 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 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 the taking of the CITY, as
the case may be, which rent shall not be less than the fixed rent
670
F. SUBORDINATION OF LIEN - Any person or firm holding a lien agains.
any property to be used or installed by 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 sel
payment of all amounts due the CITY under this contract. The
LESSEE shall file a copy of each subordination agreement with the
Director of Aviation.
G. RATES - the LESSEE agrees to charge fair, reasonable and
non-discriminatory rates and charges for the rental of T-
Hangar units. Rates to be charged by LESSEE for each unit
will have been previously reviewed and approved by the
Airport Board and the Director of Aviation.
H. ADVERTISING - The LESSEE will erect no signs and will distribute
no advertising matter on the AIRPORT without the prior
written consent of the Director of Aviation.
I. 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.
J. PAYMENT OF TAXES, FEES - The LESSEE shall pay all federal,
state and local government taxes, license fees, assessments
and occupation taxes levied on the business conducted on the
leased premises, or on any LESSEE'S property used in connection
therewith. The LESSEE shall render for taxation purposes
all property used in connection with the business on the
AIRPORT, and that all such property shall have it situs and
domicile in Lubbock, Lubbock County, Texas. Delinquency in
payment of such obligations, at the option of the CITY shall
be cause for termination of this lease.
K. REGULATIONS - the LESSEE'S officers, agents, employees and
servants will obey all airport 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.
L. 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.
M. REMOVAL OF TRASH - 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 its
business at its sole expense.
N. INDEMNIFICATION AND INSURANCE
1. The CITY shall stand indemnified by the LESSEE as
provided by this contract. The LESSEE shall be deemed
to be an independent contractor and operator, responsible
to all parties for its acts or omissions, and the CITY
shall in no way be responsible therefor. 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 AIRPORT BOARD or its representatives
from any and all losses that may proximately result to
the CITY because of 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 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 DOLLARS ($50,000) for
property damage as a result of any one event; or less
than ONE HUNDRED THOUSAND DOLLARS ($100,000) for personal
injury or death of any one person in any one event; or
less than THREE HUNDRED THOUSAND DOLLARS ($300,000) for per;
injury or death of two or more persons in any one event.
Certificates of insurance or other staisfactory 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
jure
lonal
671
shall remain in full force and effect until ten (10) days after
such notice is received by the Director of Aviation." This
above referenced insurance coverage must also include Hangar
Keepers Liability coverage.
The LESSEE shall procure insurance from a company authorized to
do business in the State of Texas and keep in force Hazard and
Extended Coverage Insurance upon the buildings herein leased
to 80% of the full insurable value thereof and shall furnish
the CITY with evidence that such coverage has been procured
and is being maintained.
The LESSEE shall provide workmen's compensation insurance to
meet statutory requirements, if qualified. The workmen's com-
pensation policy shall provide employers' liability insurance
in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000).
0. WAGES - The LESSEE shall pay, or require the payment of, the pre-
vailing 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 reference for all purposes.
P. CONDUCT AND APPEARANCE OF EMPLOYEES - Any employee in LESSEE'S
operations that may be deemed to be discourteous or objectionable on
reasonable grounds shall be removed from employment on the premises
upon 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.
Q. LIENS PROHIBITIED - The LESSEE shall not bind, or attempt to bind,
CITY for payment of any money in connection with construction, re-
pairing, alterations, additions or reconstruction work on the premises
and 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 dis-
charged 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.
R. NON-DISCRIMINATION PRACTICES - LESSEE, its agents and employees will
not discriminate against any person or class of persons by reason of
sex, age, race, color, creed or national origin in providing any
services or in the use of any of its facilities provided for the
public, in any manner prohibited by the Federal Aviation Regulations.
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 sex, age, race, creed, color, or nation-
al origin. The LESSEE agrees to take affirmative action to insure
that applicants are employees, and that employees are tested during
employment without regard to their sex, 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.
The LESSEE will conduct its programs and operate its facilities so
as to assure that no qualified handicapped person shall, solely by
reason of his or her handicap be excluded from participation in,
be denied the benefits of, or otherwise be subjected to discrimination,
including discrimination in employment, in any activity at the
AIRPORT.
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
written notice to the CITY at any time after the lapse of the
applicable periods of time and this lease shall terminate as of
that date. Rental due hereunder shall be payable only to the effective
date of said termination.
C. CITY'S OPTION TO CANCEL - The CITY can cancel this lease giving
LESSEE sixty (60) days 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 reorganization 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 by 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 provisions of the lease to the Government,
shall be suspended.
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 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.
673
stp 1 1
7
C. REPLACEMENT AFTER DAMAGE - It is agreed between the parties here
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 LESSEE will restore the premises to their former
condition.
D. CONFLICT OF INTEREST - The LESSEE acknowledges that it is informed
that Texas 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. LANDLORD'S LIEN - LESSEE hereby gives to the CITY a lien upon all of
it property, now or at any time hereafter placed in or upon the said
premises, to secure the prompt payment of the charges herein stipu-
lated to be paid for the use of said premises, all exemptions of
such property, or any of it, being hereby waived.
F. RIGHT OF INSPECTION - The CITY reserves the right to conduct inspect-
ions, 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. HEADINGS - 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.
H. 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 International Airport, Route 3, Box
201, 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.
I. ENTIRE AGREEMENT - This contract constitutes the entire agreement,
and any other written or parole agreement with CITY being expressly
waived by LESSEE.
EXECUTED this llth day of September 1980
THE CITY OF LUBBOCK
/s/ Bill McAlister
Bill McAlister, Mayor
ATTEST:
Isl Evelyn Gaffga
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
Susan M. Tom, Assistant City Attorney
LESSEE:
JOHN BERRY DBA BERRY'S ENTERPRISES
BY: Isl Johnnie R. B
ATTEST:
Isl Dewayne Askins (Admin. Asst.)
(Title)
*NOTE: Exhibit A and Lease Agreement dated 8/30/71 are attached to original resolution.1
674
80-39A-674-953 Resolution No. 607
(41)
A resolution authorizing the Mayor to execute an Assignment from
AvTech Aviation to Texas Air Center, Inc.
AvTech Aviation has operated under a lease agreement since September
25, 1975. They have sold their operation to Texas Air Center, Inc.
who has been operating the Fixed Base Operations. The owners have met
with the Airport Board, was in turn approved the assignment of the
lease agreement from AvTech Aviation to Texas Air Center, Inc.; all
past due accounts have been paid by AvTech.
ALA: c 1
RESOLUTION NO. 607
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
Consent to Assignment, 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 llth day of September
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
Isl Angela Adams
Angela L. Adams, Assistant City Attorney
CONSENT TO ASSIGNMENT
'191
WHEREAS, the City of Lubbock as Lessor and Quasar, Inc., currently
AvTech Aviation, Inc., as Lessee entered into a Fixed Based Operator
Agreement on September 25th, 1975, and a Supplemental Agreement #1;
and Quasar, Inc./AvTech Aviation, Inc. thereafter assigned its interests
under the Fixed Based Operator Agreement and Supplemental Agreement ill
to Texas Air Center, Inc. by way of an instrument dated April 10th,
1980; and
WHEREAS the Fixed Based Operator Agreement of September 25th,
1975 provides that the lessor's interest in said agreement shall not
be assignable without consent of the City of Lubbock, NOW THEREFORE:
The City of Lubbock hereby consents to the assignment of the
lessor's interests under said Fixed Based Operator Agreement and Supplemer
Agreement #1 to Texas Air Center, Inc. Such consent shall in no way releE
the primary lessor from any liabilities incurred under the said Agreement
and Supplement.
Executed this llth day of September , 1980.
sl Bill McAlister -
ATTEST: BILL McALISTER, MAYOR
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee, Director of Aviation
"is
--al
3 e
APPROVED AS TO FORM:
Isl Angela Adams -Hity Attorney
Angela Adams, Assistant
675
��R
80-39A-675-954 Resolution No. 608
(42) _.� .�
A resolution authorizing the Mayor to execute Lease Addendum No. 1 and a
Fixed Base Operator Agreement between the City of Lubbock and Texas Air
Center, Inc.
In connection with the above referenced item (Resolution No. 607), the Texas
Air Center, Inc. has requested an addendum to the existing lease agreement
allowing them to construct a new hangar at a new location adjacent to their
existing leased area. The present lease agreement refers to a tract of land
located near the east -west runway and is inappropriate for development. The
new location would rent for 5.51 per square foot and has been reviewed and
approved by the Airport Board.
ALA:cl
RESOLUTION NO. 608
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 Addendum No. 1 and a
Fixed Base Operator Agreement between the City of Lubbock and Texas Air Center,
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 llth day of September ,1980.
/s/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
/s% Angela Adams
Angela L. Adams, Assistant City Attorney
LEASE ADDENDUM NO. 1
WHEREAS, the City of Lubbock as Lessor and Quasar, Inc., currently AvTech
Aviation, Inc., as Lessee entered into a Fixed Based Operator Agreement on
September 25th, 1975 and a Supplemental Agreement #1; and Quasar, Inc./AvTech
Aviation, Inc. thereafter assigned its interests under the Fixed Based Operator
Agreement and Supplemental Agreement #1 to Texas Air Center, Inc. by way of an
instrument dated April 10th, 1980; and
WHEREAS, a portion of the property leased under said Fixed Based Operator
Agreement and Supplemental Agreement #1 is no longer usable in accordance with the
purposes of said.Agreement because of clear zone restrictions, the Fixed Based
Operator Agreement including Supplemental Agreement #1, is hereby amended by
adding thereto Addendum No. 1 which shall read as follows:
24,400 square feet of the property leased to the Lessee under the Fixed Based
Operator Agreement and Supplemental Agreement #1, such property being more particularly
described in Exhibit A attached hereto, is hereby deleted from the terms and
provisions of said Agreement and Supplement and the rental fees owed by the Lessee
to the Lessor under said Agreement and Supplement shall be reduced accordingly.
The Lessor, Lessee, and Sub -lessee are hereby released from all rights and liabilities
under the aforementioned Agreement with respect to the above described property.
Executed this 11th day of September , 1980.
{
THE CITY OF LUBBOCK TEXAS AIR CENTER, INC.
/s/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/s/ Evelvn Gaffp-a
/s/
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Marvin Coffee.
Marvin Coffee, Director of Aviation
WIA
FIXED BASE OPERATOR AGREEMENT
THIS LEASE AGREEMENT made this llth day of September
1980, between the City of Lubbock, acting by and through its duly
authorized city representative (hereinafter referred to as "Lessor")
and Texas Air Center, Inc. under the laws of i the State of Texas, with
its principal office at Lubbock, Texas (hereinafter referred to as the
"Lessee") .
WITNESSETH
WHEREAS, Lessor owns and operates the Lubbock International
Airport, located in Lubbock County, Texas (hereinafter called the
"Airport"), and
WHEREAS, Lessor deems it advantageous to itself and to its operation
of the Airport to lease unto Lessee the parcel of land described
herein, together with certain privileges, rights, uses and interests
therein, as hereinafter set out, and,
WHEREAS, Lessee is a corporation primarily engaged in commercial
aviation retail sales and the general activities of fixed base operation
and aircraft sales, and,
WHEREAS, Lessee proposes to lease on a net basis from Lessor
certain ground area and to avail itself of certain privileges, rights
and uses pertaining thereto, and,
WHEREAS, Lessee has indicated a willingness and ability to properly
keep, maintain, and improve said ground in accordance with reasonable
standards established by lessor,
NOW THEREFORE,
ARTICLE I
PREMISES AND PRIVILEGES
For and in consideration of the terms, conditions and covenants
of this lease to be performed by Lessee, all of which Lessee accepts,
Lessor does hereby demise and lease unto Lessee certain property
(hereinafter called "demised premises"), and certain attendant privileges,
uses and rights, as hereinafter specifically set out.
A. Description of Land Area Leased
1. Land Area 43,165 square feet. Legal description contained
in Exhibit "B" attached and made part hereof.
The location of the leased premises is set forth on Exhibit
"A" attached hereto and by this reference made a part hereof.
B. PURPOSE. The purposes for which Lessee may use the premises
described in paragraph 1 above are as follows:
1. Lessee may engage in the business of aeronautics, engine
and aircraft repairs, modifications, sales and renting of aircraft,
sales of aircraft engine parts and accessories, inspections, licensing,
fabrication, aircraft components, flight instruction, storage of
aircraft and equipment, airplane charter flights and local short
flights and may operate at the Lubbock International Airport as a
Fixed Base Operator.
2. Lessee may give flying instructions, provide pilots for
planes for others, and carry passengers and freight for hire, subject
to all appropriate laws of the Federal Government, the State of Texas,
the County of Lubbock, Texas, and the requirements of all duly authorized
governmental agencies.
3. Lessee shall have a non-exclusive right to sell aviation
fuel, oil and other propellants or lubricants to the general public at
said airport.
ARTM.F. TT
A. The original term of this agreement shall commence upon
execution, and end on the 31st day of March, 2001, a term of approximately
twenty years and 6 months. Lessee shall have the option to extend
this agreement for two five (5) year periods. Such option must be in
writing ninety (90) days prior to expiration date of original term or
expiration of the first five (5) year option.
B. The parties hereto mutually agree that the rental rate will
be adjusted upward or downward for each year beginning April 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 Statistics
Cost of Living Index as of January 1, 1980, shall be construed as the
base period.
RN
SEP i
C. NATIONAL EMERGENCY. In the event the rights and privileges hereunder are
suspended by reason of war or other national emergency, the term of this lease
shall be extended by the amount of the period of such suspension.
ARTICLE III
RENTAL AND FEES
In consideration of the rights and privileges herein granted, Lessee shall pay
to the City the following:
A. A fuel flowage fee of four (4) cents per gallon of aviation fuel delivered
to Lessee or its agents at Lubbock International Airport, excluding that sold or
delivered by Lessee to a regularly certified airline under contract with the City
of Lubbock as a part of the pecuniary consideration herefor. Lessor shall be
entitled to collect and Lessee agrees to pay such fuel flowage fee, as determined
by Lessor from time to time, for each gallon of aviation fuel delivered for Lessee's
consumption on said airport excepting that portion which is specifically excluded,
unless said flowage fee is paid by the supplier on behalf of Lessee. The aforesaid
flowage fee, if not paid by the supplier, shall be due on the first day of the
month succeeding that in which the aircraft fuels and lubricants are received by
Lessee and shall be delinquent if unpaid before the fifteenth day of each month.
It is understood and agreed that the total gallonage delivered to or purchased by
Lessee, other than gasoline delivered to regularly scheduled airlines operating
under contract with Lessor, may be reduced by an amount not to exceed two (2%)
percentum in computing charges as a maximum loss allowance from any and all causes.
B. Ground rental for the gross land area, i.e. 43,165 square feet as set
forth in Article I, paragraph A, above, shall be as follows: (1) Ground rental for
24,400 square fee shall be at the rate of .0439 per square foot per year or as
adjusted as outlined in Article II, B. above; (2) Ground rental for 18,765 square
feet shall be at the rate of .055 per square foot per year or as adjusted as outlined
in Article II, B. above. Ground rental shall be paid to Lessor by the Lessee
monthly in advance on the rental due hereunder.
Any inconsistencies in the square footage as set out in this section and the
square footage as shown by Exhibit "B" of Article I, paragraph A, shall be resolved
in favor of the latter. Such inconsistency being attributed to the ground rental
rate of .055 per square foot per year as specified in Article III, paragraph B(2)
above.
C. Two Thousand Five Hundred Dollars ($2,500.00) is the established annual
Fixed Base Operator's fee; however, other applicable ground rent, fuel flowage fee,
and Fixed Base Operator's fees payable under other leases with the City shall be
applied as satisfying the requirements of the Fixed Base Operator fee. Amounts
payable under this agreement shall be paid as follows:
Monthly payments for ground rent and fuel flowage fee effective with the
execution of this agreement are payable no later than the 15th day of the
month following. Operators whose payment on rates and fees do not
satisfy the minimum.operators fee will pay monthly pro rata amount of
$208.34 payable no later than the 15th day of each month.
ARTICLE IV
OBLIGATIONS AND RIGHTS OF LESSEE
A. ASSIGNMENT, TRANSFER, PLEDGE
Lessee shall not at anytime assign, transfer, pledge, or otherwise alienate
this agreement or any interest herein, without the prior written consent of the
City.
B. SUBLEASING
Lessee shall not sublease all or any part of the demised premises hereunder
without the specific written approval of Lessor, such approval not to be unreasonably
withheld.
C. TAXES AND ASSESSMENTS
Lessee agrees to pay all taxes and assessments levied on the premises and
any other taxes or assessments in connection with its business which may be levied,
promptly when due, and will promptly pay when due all charges for water, electricity
and any other utilities used in connection with the operation of said fixed base
operator.
D. NON-DISCRIMINATION
Lessee, his agents and employees will not discriminate against any person
or class of persons by reason of race, color, sex, age, creed or national origin in
providing any service or in the use of any of its facilities provided for the
public, in any manner prohibited by Part 15 of the Federal Aviation Regulations.
The Lessee further agrees to comply with such enforcement procedures as the United
States might demand that the Lessor take in order to comply with the Sponsors'
Assurances.
S�? 11 J�so
Lessee agrees to not discriminate against any employee or
applicant because of race, creed, color, sex, age or national origin.
The Lessee agrees to take affirmative action to insure that applicants
are employed, and that employees are tested during employment without
regard to their race, creed, color, sex, age 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 apprenticesh
The Lessee will conduct its activities and operate its
facilities in accordance with the requirements of Section 504 of the
Rehabilitation Act of 1973 and will assure that no qualified handicapped
person shall, solely by reason of his or her handicap be excluded from
participation in, be denied the benefits of, or otherwise be subjected
to discrimination, including discrimination in employment, under any
program or activity of the Lessee.
E. PUBLIC BENEFIT
Lessee agrees to operate the premises leased for the use and
benefit of the public.
1. To furnish good, prompt, and efficient services adquate
to meet all the demands for its services at the airport.
2. To furnish said service on a fair, equal, and non-
discriminatory basis to all users thereof, and
3. To charge fair, reasonable and non-discriminatory
prices for each unit of sale or service, provided that the Lessee may
be allowed to make reasonable and non-discriminatory discounts, rebates,
or other similar types of price reductions to volume purchases.
F. NON-EXCLUSIVE
It is understood and agreed that nothing herein contained
shall be construed to grant or authorize the granting of an exclusive
right within the meaning of Section 308(a) of the Civil Aeronautics
Act.
G. DEVELOPMENT OF AIRPORT
Lessee agrees that Lessor has the right to further develop
or improve the airport as it sees fit, regardless of the desires or
views of Lessee, so long as Lessee is not prevented from using and
occupying the leased premises.
H. RIGHTS OF OTHERS
It is clearly understood by the Lessee that no right or
privilege has been granted which would operate to prevent any person,
firm or corporation operating aircraft on the airport from performing
any services on its own aircraft with its own regular employees (includi
but not limited to, maintenance and repair) that it may choose to
perform.
I. OPERATION OF AIRCRAFT, COMPLIANCE WITH RULES AND REGULATIONS
Lessee agrees that it will operate aircraft at all times in
compliance with all applicable federal, state and local rules and
regulations and complying with all applicable statutes, ordinances,
rules and regulations affecting the use and operation of the hangar
and airport.
J. PUBLIC LIABILITY INSURANCE
Lessee will carry and maintain Public Liability Insurance in
companies licensed to do business in the State of Texas for the protectior
of the City of Lubbock and naming it as an insured insuring against
all claims, losses, costs or expense arising out of injuries to persons
whether or not employed by the Lessee, damage to property whether
resulting from acts or omissions, negligence or otherwise of the
Lessee or any of its agents, employees, patrons or other persons, and
growing out of the use of the said airport premises by Lessee, such
policies to provide for a liability limit on account of each accident
resulting in a bodily injury or death to one person of not less than
One Hundred Thousand Dollars ($100,000.00), a liability limit on
account of each accident resulting in a bodily injury or death to more
than one person of not less than Three Hundred Thousand Dollars ($300,000,
and a liability limit of not less than One Hundred Thousand Dollars
($100,000.00) for each accident for property damage. Lessee shall
furnish evidence to the City of Lubbock of continuance in force of
said policies and said policies shall be so worded as to insure ten
(10) days notice of cancellation or any modification of such policy to
the City of Lubbock. Said policies shall be subject to the approval
of the City of Lubbock.
679
K. HAZARD INSURANCE
Lessee shall procure from a company authorized to do business in the
State of Texas and keep in force hazard and extended coverage insurance upon the
buildings located on the leased premises to 80% of the full insurable value thereof
as set forth in individual lease agreement, and shall furnish Lessor with evidence
that such coverage has been procured and is being maintained.
L. INSPECTION OF BOOKS AND RECORDS
Lessee shall maintain complete books and records of all transactions,
sales and income resulting from its operation at Lubbock International Airport
which books and records may be inspected at anytime during regular business
hours by the City or its duly authorized representatives at Lubbock, Texas, upon
reasonable notice to Lessee. In the event Lessee requests such inspection to be
performed outside the Lubbock area, such request may be honored at the City's
discretion, however, any and all expenses incurred by so doing shall be reimbursed
by the Lessee. Lessee agrees to furnish facts and figures necessary to determine
the amount to be paid City together with a fiscal year-end signed statement certified
by a Certified Public Accountant that said figures are correct and properly stated.
M. CONDITIONS OF PREMISES: INSPECTION
Lessee agrees that the premises under Lessee's control will be kept clean
and free of all debris and other waste matter. The City shall have the right at
all reasonable times to enter upon the premises for the purpose of inspecting the
premises under Lessee's control.
N. MAINTENANCE
Lessee shall, at its sole cost and expense, maintain the demised premises
and the buildings, improvements and appurtenances thereto, in a presentable condition
consistent with good business practice. Condition of leased premises at time of
beneficial occupancy is considered the acceptable standard. Lessee shall repair
all damages to said premises caused by its employees, patrons or its operation
hereon; shall maintain and repair all equipment thereon, including any drainage
installations, paving, curbs, islands, buildings and improvements; and shall repaint
its own buildings as necessary.
Lessor shall be the sole judge of the quality of maintenance and upon
written notice by Lessor to Lessee, Lessee shall be required to perform whatever
reasonable maintenance Lessor deems necessary. If said maintenance is not undertaken
by Lessee within twenty days after receipt of written notice, Lessor shall have the
right to enter upon the demised premises and perform the necessary maintenance, the
cost of which shall be borne by Lessee.
0. UTILITIES
Lessee shall have the right to connect to any and all storm and sanitary
sewers and water and utility outlets including metering devices at its own cost and
expense; and Lessee shall pay for any and all service charges incurred therefor.
P. TRASH, GARBAGE, REFUSE, ETC.
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 its business.
Q. SIGNS
Lessee may not erect or cause to be erected on leased premises any billboards
or advertising signs without the prior written consent of the Lessor.
R. INDEMNITY
(1) Lessee agrees to hold the City free and harmless from loss from each
and every claim, and demand of whatsoever nature made on behalf of or by any person
or persons resulting from Lessee's operation and/or use of the leased premises and
common areas owned by Lessor and used by the Lessees, its agents, servants, employees,
and from all loss and damages by reason of negligence of the Lessee, its agents,
servants, and employees.
(2) Lessor agrees to hold Lessee free and harmless from loss from each
and every claim., and demand of.whatsoever nature made on behalf of or by any person
or persons resulting from Lessor's operation and/or use of the Airport facilities
outside of the leased premises by the Lessor, its agents, servants, employees, and
from all loss and damages by reason of negligence of the Lessor, its agents, servants
and employees,
S. USE OF AIRPORT
During the term of this lease, Lessee and its tenants shall have the free
and non-exclusive use in common with others at the airport of all runways, ramps,
parking areas and any and all public facilities available at the airport and the
right of ingress to and egress from the above described premises which right shall
extend to Lessee's customers, employees, guests, invitees, tenants and patrons.
mm
If during the term of this agreement, the use of the airport
by Lessee or its tenants is temporarily suspended, restricted, or
interfered with for a period of ten (10) days or more for reasons
beyond the practical control of the City in such manner as to substantiall
affect the use of the hangar or operation of aircraft by Lessee or its
tenants, all fees during such period shall abate and the term of the
agreement shall, at the election of Lessee, be extended for an equivalent
period of time.
T. WORKMEN'S COMPENSATION
Lessee shall furnish to the City of Lubbock satisfactory
evidence that it carries Workmen's Compensation Insurance in accordance
with the laws of the State of Texas.
U. IMPROVEMENTS
Lessee may make and construct additions, improvements and
alterations to the property in accordance with plans and specifications
submitted to and approved by the Director of Aviation. Any such
additions, improvements or alterations made with the consent of the
Director of Aviation shall be solely at the expense of the Lessee.
Such additions or improvements shall be subject to all terms and
conditions of this instrument. The Lessee agrees to hold the City
harmless from Mechanic's and Materialman's Liens arising from any con-
struction, additions, improvements, repairs or alterations effected by
the Lessee.
V. PARKING
Lessee shall at its sole cost and expense construct adequate
and suitable pavement areas for use by its customers for parking of
aircraft and automobile parking for its employees, patrons, guests or
invitees.
W. VEHICULAR MOVEMENT
Lessee will not permit the driving of vehicles by its employees,
customers, guests or invitees on the apron, taxiways, or runways
except specifically authorized vehicles.
ARTICLE V
OBLIGATIONS AND RIGHTS OF LESSOR
A. SAFETY
Lessor reserves the right to take any action it considers
necessary to protect the aerial approaches of the airport against
obstruction, together with the right to prevent Lessee from erecting
or permitting to be erected any building or other structure on or off
the airport, which, in the opinion of the City, would limit the usefulnes
of the airport or constitute a hazard to aircraft.
B. MAINTENANCE OF PUBLIC AREA
Lessor reserves the right, but shall not be obligated to
Lessee, to maintain and keep in repair the landing area of the airport
and all publicly owned facilities of the airport, together with the
right to direct and control all activities of Lessee in this regard.
C. STANDARDS
Lessor reserves the right to establish reasonable standards
for the construction, maintenance, alterations, repairs, additions or
improvements of Lessee's facilities and leased premises.
D. UTILITIES
Lessor agrees to construct the necessary sewage facilities
to serve Lessee where Lessee may connect at the edge of leased premises.
E. SERVICE ROAD
Lessor agrees to construct a public service road and permits
Lessee to connect to said service road that will permit Lessee ingress
and egress to its leased premises.
F. TAXIWAY
Lessor agrees to construct a connecting taxiway for the
aeronautical use of Lessee's customers, patrons, employees, guests and
invitees.
A. TERMINATION BY LESSEE
ARTICLE VI
1. The permanent abandonment of the Airport as an air terminal.
2. The issuance by any court of competent jurisdiction of an injunction
in any way preventing or restraining the use of the Airport and the remaining in
force of such injunction for at least thirty (30) days.
3. The breach by the City 'of Lubbock of any of the terms, covenants or
conditions of this agreement to be kept,'performed and observed by the City of
Lubbock, and the failure of the City of Lubbock to remedy such breach for a period
of sixty (60) days after written notice from''the Lessee of the existence of such
breach.
4. The assumption by the United States Government, or any authorized
agency of same, of the operation, control or use of the Airport and its facilities
in such a manner as to substantially restrict the Lessee from operating said Fixed
Base Operator facilities, if such restriction is to continue or has continued for
a period of three (3) months or more.
B. TERMINATION BY LESSOR
This Agreement shall be subject to cancellation by the City of Lubbock
in the event of the happening of any one or more of the following contingencies:
1. If the Lessee shall file a voluntary petition of bankruptcy; or, if
the proceedings in bankruptcy shall be instituted against it and it is thereafter
adjudicated a bankrupt pursuant to such proceedings; or if a court shall take
jurisdiction of Lessee and its assets pursuant to proceedings brought under the
provisions of any federal reorganization act; or if a receiver for Lessee's assets
is appointed; or if Lessee shall be divested of its rights, powers and privileges
under this agreement by other operation of law.
2. If the Lessee shall abandon and discontinue the conduct and operation
of said Fixed Base Operations.
3. If the Lessee shall default in or fail to make any payments at the
time and in the amounts as required of it under this Agreement.
4. If the Lessee shall fail to perform, keep and observe all of the
covenants and conditions contained in this Agreement to be performed, kept and
observed by it.
S. If the Lessee shall fail to abide by all applicable laws, ordinances
and rules and regulations of the United States, State of Texas, City of Lubbock,
or Director of Aviation of the City of Lubbock.
City of Lubbock shall give written notice to Lessee to correct and cure
such default, failure to perform or breach and if, within thirty (30) days from
the date of such notice, the default, failure to perform or breach complained of
shall not have been corrected in a manner satisfactory to the City of Lubbock,
then and in such event, City shall have the right, at once and without further
notice to Lessee, to declare this agreement terminated and to enter upon and take
full possession of the leased area and, provided further that upon the happening
of any one of the contingencies enumerated in Subsection (B) (1) hereof, this
agreement shall be deemed to be breached by Lessee and thereupon "ipso facto" and
without entry or any other action by City of Lubbock the agreement shall terminate,
subject to be reinstated only if such involuntary bankruptcy or insolvency proceedings,
petition for organization trusteeship, receivership or other legal act divesting
Lessee of its rights under this agreement shall be denied, set aside, vacated or
terminated in Lessee's favor within thirty (30) days from the happening of the
contingency. Upon the happening of said latter events, this agreement shall be
reinstated as if there had been no breach occasioned by the happening of said
contingencies, provided that Lessee shall within ten (10) days after the final
denial, vacating or setting aside of such petition on the vacating, terminating or
setting aside of such appointment, pay or discharge any and all sums of money
which may have become due under this agreement in the interim and shall then
remain unpaid and shall likewise fully perform and discharge all other obligations
which may have accrued and become payable in the interim, and,
Provided, further, that in the event that defaults, failure to perform
or breaches by Lessee of its obligations under this agreement to be performed,
kept and observed by it shall recur from time to time, then upon written recommendation
by the Director of Aviation to City of Lubbock, the City of Lubbock may terminate
this agreement.
City of Lubbock shall give written notice of such recommendation and
termination to said Lessee and the agreement shall terminate within thirty (30)
days from the date of said notice. The acceptance of rentals and fees by the City
for any period or periods after a default of any of the terms, covenants, and
conditions herein contained to be performed, kept and observed by Lessee shall not
be deemed a waiver of any rights on the part of the City of Lubbock to cancel this
agreement for failure by Lessee to so perform, keep or observe any of the terms,
covenants or conditions hereof to be performed, kept and observed. No waiver by
the City of Lubbock or any of the terms of this agreement to be kept, performed
and observed by the Lessee shall be construed to be or act as a waiver by the City
of Lubbock or any subsequent default on the part of the Lessee.
C. OWNERSHIP
Within ninety (90) days after expiration of this agreement as herein
provided, the Lessee shall have the option to remove all improvements, constructed
or placed thereon such as buildings, equipment, goods, chattels and fixtures
belonging to it except pavement area constructed by Lessee. Lessee shall give
City thirty (30) days written notice prior to expiration of Lessee's intent to
exercise such option. In the event of the failure on the part of Lessee to exercise
its option to remove from the premises such improvements, title to such improvements
MIE
in enforcing the covenants and conditions of this agreement, in event
the Lessee fails to pay expenses within thirty (30) days such property
will be deemed abandoned and title will revert to the City; however,
this in no way relieves the Lessee of the debt incurred.
In the event Lessor terminates this agreement for cause as
contained in Article VI.(B) above, or if Lessee discontinues Fixed
Base Operation at anytime prior to expiration the City retains ownership
to Lessee's improvements to the extent of the rentals due for the
then remaining term.
D. This lease shall be subordinate to the provisions of any
existing or future agreement between the Lessor and the United States,
relative to the operation and maintenance of the airport.
ARTICLE VII
BANKRUPTCY, RECEIVERSHIP OR INSOLVENCY
If Lessee makes an assignment for the benefit of creditors,
or if Lessee petitions or applies to any tribunal for the appointment
of a trustee or receiver of Lessee under any bankruptcy, reorganization
arrangement, insolvency, readjustment of debt, dissolution or liquidation
of law of any jurisdiction, whether now or hereafter in effect; or if
any petition or application is filed, or any such proceedings are
commenced, against Lessee, or Lessee by any act indicates its approval
thereof, consent thereto, or acquiescence therein, or any order is
entered appointing any such trustee or receiver, or adjudicating
Lessee bankrupt or insolvent, or approving the petition in any such
proceedings, the City at its option may by notice in writing to
Lessee declare this agreement terminated.
ARTICLE VIII
NOTICE
Any required notice to the City provided for herein shall
be sufficient if sent by registered or certified mail, postage prepaid,
to the Director of Aviation, Route 3, Box 201, Lubbock, Texas, 79401,
and any such notice to the Lessee shall be sufficient if sent in the
same manner addressed to Texas Air Center, Inc., Lubbock International
Airport, Lubbock, Texas, or such other addresses as may be designated
by the City or Lessee in writing from time to time.
IN WITNESS WHEREOF, the parties have executed this agreement
this llth day of September 19 80 by its duly
authorized officers.
CITY OF LUBBOCK
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 Angela Adams
Angela Adams, Assistant City Attorney
LESSSEE - TEXAS AIR CENTER, INC.
BY: Isl
President
ATTEST:
/s/
Secretary
*NOTE: Site plan is attached to original resolution.
ME
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to approve
Resolution Nos. 606, 607 and 608, referenced above. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting
Yea; none voting Nay.
80-39A-683-955 Claims against the City.
(43)
A. 80-C-401 Ramona Norbaez $39.00
(damages for alleged wrongful impoundment of vehicle)
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to DENY
the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
B. 80-C-402 Rachel Johnson $102.80
(bullet hole damage to automobile [alleged])
Councilman Brown indicated he felt while there was no legal obligation to reimburse
a citizen for damage caused by the action in the line of duty by the Police Department,
he felt there was a moral obligation to remedy this matter, to which City Attorney
John Ross indicated that under the provision for immunity granted to law enforcement
officials, it was not wise to establish such a precedent from a legal point of
view.
Councilman Brown moved to allow the above referenced claim; the motion died for
lack of a second. The motion was then made by Mayor Pro Tem Henry, seconded by
Councilwoman Baker to DENY the above referenced claim. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilman Aderton and Councilwoman Baker voting
Yea; Councilman Brown voting Nay.
C. 80-C-397 Mrs. Leonard L. Judd $183.73
(sewerage backup damage)
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to allow
the above referenced claim for damage from sewerage backup. Before balloting, City
Manager Larry Cunningham stated that in past experiences it has been difficult to
actually determine the cause of the damage because frequently residences or commercial
users pour grease and/or other foreign matter into the sewerage lines which create
the blockage resulting in the back-up damage, and he felt that the new members of
the City Council should be apprised of this on -going problem. Following these
comments, Mayor Pro Tem Henry withdrew his motion. Subsequently, Councilman Brown
moved that the above referenced claim be allowed; motion was seconded by Councilman
Aderton. Councilman Brown and Councilman Aderton voting Yea; Mayor McAlister,
Mayor Pro Tem Henry and Councilwoman Baker voting Nay.
80-39A-683-956 Bid No. 5928 for new and rebuilt diesel engines and automatic transmissions
(44) (Garage Department.). (To establish pricing fora perio of one [1] year).
Items 1;2;3;4a,b,c,g,h,i,j;
5;6;7;8;9;10;llc;12;
13;14;15;16;17 South Plains International Trucks,
Lubbock, Texas
Items 4d;lla,b,d,e,f Stewart and Stevenson,
Lubbock, Texas
Director of Purchasing Floyd Nesbitt indicated there were tied bids on four of the
items - 1C, 3E, 3F and 4B; Mayor Pro Tem Henry drew for the low bid which was South
Plains International Trucks, Lubbock. The remaining references were the low bidders
and met specifications as required.
80-39A-683-957 Bid No. 5954 for various size wood poles (warehouse stock).
(45)
Items 1,3 North Supply Company,
Lenexa, Kansas
Item 2 Koppers Company,
Houston, Texas
SEP
80-39A-684-958
Resolution No. 609
(46)
Bid No. 5870 for bleachers for Burl Huffman Athletic Complex, and
authorize same (Parks Department).
Low Bidder Safway Steel Products,
Lubbock, Texas ($31,975.00)
AA:bs RESOLUTION NO. 609
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 between City of Lubbock and Safway Steel Products Division
of A-T-O, Inc., for the purchase and installation of bleachers for
the Berl Huffman Athletic Complex, 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 llth day of September '1S30.
/s/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ John Alford
John Alford, Director of Parks and
Recreation
h
APPROVED AS TO FORM:
I
/s/ Angela Adams
Angela Adams, Asst. City Attorney
*NOTE: Contract is attached to original resolution.
80-39A-684-959
Bid No. 5956 for wood doors, storm doors and storm windows (Community SerN ces).
(47)
Items 1,2 Sutherland Lumber Company,
Lubbock, Texas
w
Items 3,4,5 Farm Discount Stores,
Lubbock, Texas
80-39A-684-960
Bid No. 5969 for one (1) fire truck - 1250 gallon pumper (Fire De2artment)
(48)
(Community Development Funds).
Low Bidder Seagraves Fire Apparatus, Inc.,
p
Clintonville, Wisconsin ($90,4 .00)
80-39A-684-961
Consider the allocation of CDBG Contingency Funds for the purchase of
(49)
a triple pumper fire truck. (Bid No. 5969)
The motion was made by Councilman Aderton, seconded by Councilman
Brown to approve Bid No. 5928 as drawn and as specified, to approve
s�
Bid No. 5954 and 5870, to pass Resolution No. 609 related to Bid No.
5870, to approve Bid No. 5956 and 5969, and to approve an allocation
from the CDBG Contingency Funds regarding Bid No. 5969, said allocation
being in the amount of $18,691.70. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman
S
g
Baker voting Yea; none voting Nay.
��
C I
80-39A-685-962 Consider purchase of material for repair of Holly Avenue Power Station Steam Unit
(50) No. 1 air preheater.
At the 8:30 Work Session, the Council was apprised that the air preheater unit at
Holly Plant had become defective requiring a curtailment of operation by 20%, and
the estimated cost for repairing it in the appropriate manner would be $130,862.00.
A portion of this work would be covered by the comprehensive insurance plan after
the $25,000.00 deductible is allowed. The Council, at Regular Session, was reluctant
to approve this allocation; however, there seemed little choice available inasmuch
as the unit was very much in demand. Unenthusiastically, the motion was made by
Councilman Brown, seconded by Mayor Pro Tem Henry to approve the purchase of the
referenced parts and material to make the repairs at the Holly Avenue Unit No. 1.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton
and Councilwoman Baker voting Yea; none voting Nay.
The Council recessed at 11:45 to complete Work Session items and to consider Board
Appointments, reconvening at 12:05 p.m.
80-39A-685-963 Consider one appointment to the COMMUNITY SERVICES COMMISSION from the Public
(51) Sector as a result of Rod Shaw's resignation from this Board.
Commissioner Alton Brazell
Lubbock County Courthouse
Lubbock, Texas 79401
(to fill the unexpired term of Judge Rod Shaw. This term is for
an indefinite period.)
80-39A-685-964 Consider two appointments to the PLUMBING BOARD amending terms of office to 3
(52) years (Ordinance No. 8099).
This item was HELD.
80-39A-685-965 Consider the appointment of six members to the Urban Design and Historic Preservation
(53) Commission.
The terms of the following members expire on September 14, 1980:
Beverly Stribling, Chairperson (at large)
Homer Hunt (at large)
Chris Gelin (at large)
Elois Elliot (at large)
Leo Padgett (building construction)
Bill Cantrell (urban planning)
The ordinance stipulates that members shall be appointed from certain areas of
expertise as noted.
Urban Planning: Bill Cantrell
2218 - 58th St. (Res) 744-4839
Rt. 3, Box 52A (Bus) 747-2566
9/11/80 - 9/14/83
Building Construction: Leo Padgett
6609 Norwood (Res) 792-4010
2010 Avenue C (Bus) 747-3126
9/11/80 - 9/14/83
At Large:
Homer Hunt
2306 - 54th (Res) 792-1603
622 - 28th (Bus) 744-4592
9/11/80 - 9/14/83
Beverly Stribling
3313 - 54th 792-8112
9/11/80 - 9/14/83
Chris Gelin
3402 - 42nd 799-0873
9/11/80 - 9/14/83
Elois Elliott
2303 - 13th 765-7382
9/11/80 - 9/14/83
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to
approve the above referenced appointments. Motion carried: Mayor McAlister, Mayor
Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
There being no further business, the motion was made by Mayor Pro Tem
Henry, seconded by Councilwoman Baker to adjourn at 12:07. Motion
carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and
Aderton and Councilwoman Baker voting Yea; none voting Nay.
MR Wily rMy I M W31-1 I V3 5
ATTEST:
Evelyn Gaf ega, 'City 99cik"t-Treasurer
READ AND APPROVED THIS 25th DAY OF SEPTEMBER, 1980.
L-3
ATTEST:
EVelyn Gaff a, (fi-ty SeerokayTreasurer