HomeMy WebLinkAboutMinutes - City Council - Regular - 10/9/1980735
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
October 9, 1980
9:30 A.M.
The City Council of the City of Lubbock, Texas, met for its regular meeting
Thursday, October 9, 1980, 9:30 a.m. in the City Council Chambers, Second Floor,
City Hall.
Those present:
Mayor Bill McAlister, Mayor Pro Tem. 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-735-1014 The invocation was given by Mayor Pro Tem Alan Henry.
( 1)
80-39A-735-1015 The Pledge of Allegiance to the Flag was given in unison by those present in the
( 2) Council Chambers.
80-39A-735-1016 Approval of Minutes Regular Meeting, September 25, 1980
3)
The motion was made by Councilman Aderton, seconded by Councilman Brown to approve
the above referenced minutes. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting
Nay.
Proclamations
80-39A-735-1017 "Freedom Week" - October 11-18, 1980
( 4)
Receiving: Representatives of Jayceettes
80-39A-735-1018 "Day in Court for Legal Secretaries" - October 17, 1980
( 5)
Receiving: Velda Fisher, Chairman of Day in Court
Mary Helen Urrutia, President of Lubbock Legal
Secretaries Association
80-39A-735-1019 "National Business Women's Week" - October 19-25, 1980
(5a)
Receiving: Rose Dickson, Chairman
Mary McBride, President
80-39A-735-1020 "Employ the Handicapped Week" - October 5-11, 1980
(5b)
Receiving: Larry Gardner
80-39A-735-1021 "Vocational Service Week" - October 12-18, 1980
(5c)
Receiving: Monte Hasie
80-39A-735-1022 Howell Killgore requests to appear before the Council to present a plan for the
( 6) placement of sidewalks in �Shadow Hills Addition.
At the 8:30 Work Session, the Council was apprised of the nature of the request.
Mr. Howell Killgore is requesting to place sidewalks in the Shadow Hills Addition
against the curb in the entire subdivision. Various sections in Chapter 28 of
the Code of Ordinances would need to be revised as this is a variance to the
existing procedure. The staffs recommendation is that no action be taken on
this date, allowing the staff to review all of the sections in the Code that
would be affected by this request, and possibly then updating the entire curb and
gutter and sidewalk installation ordinances. Mr. Killgore had indicated the
delay of a few weeks would not jeopardize his development any.
or
At the Regular Session, Burl Masters appeared on behalf of Mr. Killgor
and requested installation of the new lay -back sidewalk concept,
which was being used in other municipalities. Mr. Killgore commented
that the reason for this request is that it eliminates maintenance
problems in the parkway area which now exists; that they were contempl
using the standard curb and gutter; they were wanting to accomplish
an appearance of uniformity throughout the Addition; and they were
wanting to request the building permits for the first houses to be
constructed on the Addition on or about November 1, and were willing
to cooperate in this two -to -four week delay. Mr. Killgore also
mentioned that this concept - or acceptance of this concept - is a
matter of attitude, for it has been successfully used in other municip
but is quite new in this area.
The staff commented that the hazards to such an installation are,
that it does move the pedestrian closer to the traffic; that bicycles
and pedestrians would conflict with open car doors; that driveway
approaches would cut the plan of the sidewalk and make the surface
the pedestrian is walking on considerably steeper as he passes the
driveway; and the normal position of fire hydrants, stop signs,
street lights, etc. fall within the sidewalk area.
By CONSENSUS, the Council delayed any action on this matter, allowing
the staff to gather their data and prepare a proposed ordinance to be
considered at the October 23, 1980, Regular City Council Meeting.
At 9:45 a.m., Mayor McAlister announced that an Executive Session
would be held for the purpose of considering pending litigation.
This announcement is in accordance with Section 2-F, Art. 6252-17,
V.A.T.S.
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80-39A-736-1023 Ordinance No. 9009 - Zone Case 1820-A
An ordinance changing Lot 1, Block 1, Drive -In Subdivision, City of
Lubbock, from C-2 to C-4 Zoning District (located at 5702 Avenue H),
subject to the following condition:
a. That the use be limited to a new car dealership.
SMT:pc ORDINANCE NO. 9009
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. 1820-A; CHANGE LOT 1, BLOCK 1, DRIVE-IN SUBDIVISION, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-2 TO C-4 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 PROVIDNG
FOR PUBLICATION.
80-39A-736-1024 Ordinance No. 9010 - Zone Case No. 1993-B
( 8)
An ordinance changing C-2 to C-2 Specific Use Permit under Sec. 22.3-
1-1 of the Zoning Ordinance for a motel on Lots A-2 and A-3, Sentry
Park Addition, City of Lubbock (located at 6501 Aberdeen Avenue).
SMT:pc ORDINANCE NO. 9010
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. 1993-B; CHANGE LOTS A-2 AND A-3, SENTRY PARK ADDITION, CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-2 TO C-2 SPECIFIC USE ZONING
DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON;
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY
CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
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737
OCT 91ggp
80-39A-737-1027
(11)
Ordinance No. 9011 - Zone Case No. 2294
An ordinance changing a tract of land out of Section 19, Block E-2, City of
Lubbock, Lubbock County, Texas, (located at 9801 Indiana) to -wit:
Tract 1 (12.089 acres), requested change from R-1 to C-2;
Tract 2 (6.112 acres), requested change from T to A-1;
Tract 3 (4.001 acres), requested change from T to A-2, subject to
the following condition:
a. That the use be limited to church and church related uses;
Tract 4 (25.222 acres), requested change from T to A-2, subject to
the following condition:
a. That the use be limited to church and church related uses.
SMT:pc
ORDINANCE NO. 9011
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. 2294; CHANGE
A TRACT OF LAND OUT OF SECTION 19, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS FROM R-1 and T TO C-2, A-1, and A-2 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. 9012 - Zone Case No. 1511-G
An ordinance changing Lot 1, The Village Addition, City of Lubbock, from C-1 to
CA Zoning (located at 5440 - 50th St.), subject to the following condition:
a. That this change be tied to CA standards.
SMT:pc
ORDINANCE NO. 9012
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. 1511-G;
CHANGE LOT 1, THE VILLAGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM
C-1 TO CA SPECIFIC USE 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. 9013 - Zone Case 1256-C
An ordinance changing Lot 1, Block 1, B. C. Wells Subdivision, and Lot 5, Block
11, Alta Vista Acres Addition, and a tract of land out of Section 6, Block E-2,
from A-2 Specific Use and R-2 to AM Specific Use Zoning (located at the northwest
and southwest corners of 40th Street and Avenue U).
SMT:pc ORDINANCE NO. 9013
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. 1256-C;
CHANGE LOT 1, Block 1, B. C. WELLS SUBDIVISION FROM A-2 SPECIFIC USE TO AM SPECIFIC
USE; CHANGE LOT 5, BLOCK 11, ALTA VISTA ACRES ADDITION FROM R-2 TO AM SPECIFIC
USE; CHANGE A TRACT OF LAND OUT OF SECTION 6, BLOCK E-2 , CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM R-2 TO AM SPECIFIC USE ZONING DISTRICT; AUTHORIZING THE
ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED
FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
80-39A-737-1028 Ordinance No. 9014
(12)
An ordinance amending Zoning Ordinance No. 7084 including landscaping restrictions
)rd. 9014(10/9/80) amended in several use zones, including regulations for placing landscaping in parkway
Ord. 4371(6/30/64) areas.
SMT:pc ORDINANCE NO. 9014
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LUBBOCK TO INCLUDE
LANDSCAPING RESTRICTIONS IN SEVERAL USE ZONES; INCLUDING REGULATIONS FOR THE
PLACING OF LANDSCAPING IN PARKWAY AREAS; REPEALING 3 ORDINANCES; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING A PENALTY.
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80-39A-738-1029
(13)
Ord. 9015(10/9/80) amended
Ord. 378 (6-17--;17)
80-39A-738-1030
(14)
Ordinance No. 9015
An ordinance amending Sec. 28.65 of the Code of Ordinances revising
trench filling requirements and revising cost billing procedures for
paving repairs for utility cuts.
JWF:pc
ORDINANCE NO. 9015
AN ORDINANCE REVISING TRENCH FILLING REQUIREMENTS OF SECTION
28-65 of THE LUBBOCK CITY CODE AS SET FORTH IN THIS ORDINANCE;
REVISING THE COST BILLING PROCEDURE FOR PAVING REPAIRS FOR UTILITY
CUTS CONTAINED IN SECTION 28-66 OF THE LUBBOCK CITY CODE AS SET
FORTH IN THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE, PUBLICATION
CLAUSE, AND FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman
Brown to pass Ordinance Nos. 9009, 9010, 9011, 9012, 9013, 9014 and
9015 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.
Ordinance No. 8081
An ordinance to abandon and close portions of streets, alleys and
public easements in University Pines Addition.
JWF:bs
ORDINANCE NO. 8081
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF
STREETS, ALLEYS, AND PUBLIC EASEMENTS IN A PART OF UNIVERSITY PINES
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE
CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO
INDICATE THE CLOSING AND ABANDONMENT OF THOSE CERTAIN STREETS,
ALLEYS, AND PUBLIC EASEMENTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
80-39A-738-1031 Resolution No. 625
A resolution authorizing the Mayor to execute quit claim deeds to
property located in University Pines Addition (See Ord. 8081,
above).
a. Timothy Darnell
b. George B. Larner
C. South Plains Realty, Inc.
d. Liberty Lots, Inc.
e. Bernice Turquette
f. Phillip Sanchez and wife Rachel H. Sanchez
The motion was made by Mayor Pro Tem Henry, seconded by Councilman
Brown to pass Ordinance No. 8081 on second and final reading, and to
pass Resolution No. 625 executing the quit claim deeds a-f, referenced
above, back to the respective property owners. Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton
and Councilwoman Baker voting Yea; none voting Nay.
739
DGV:cl
RESOLUTION NO. 625
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 six Quitclaim Deeds between
the City of Lubbock and Timothy Darnell, George B. Larner, South Plains Realty,
Inc., Liberty Lots, Inc., Henry Huneke, President, Bernice Turquette, and Phillip
Sanchez and Rachel H. Sanchez, all 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 9th day of October 1980.
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
QUITCLAIM DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock,
State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00)
DOLLARS and other good and valuable consideration to it in hand paid by TIMOTHY
DARNELL, hereinafter called "GRANTEE", the receipt of which is hereby acknowledged,
does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUITCLAIM
unto the said GRANTEE, all its rights, title and interest in and to that certain
tract or parcel of land lying and being situated in the County of Lubbock, State
of Texas, described as follows, to -wit:
A portion of a 20 foot alley adjacent to Lot 255, being further described
as follows:
BEGINNING at the Southwest corner of said Lot 255, University Pines;
THENCE S. 66052'51" W. a distance of 11.80 feet;
THENCE N. 27058'05" W. a distance of 58.81 feet;
THENCE N. 610 E. a distance of 10.68 feet to the most Westerly corner of
said Lot 255;
THENCE S. 290 E. a distance of 60.00 feet to the Point of Beginning.
TO HAVE AND TO HOLD the same premises together with all and singular the
rights, privileges and appurtenances thereto in any manner belonging unto the said
GRANTEE, its successors and assigns forever, so that neither the GRANTOR, CITY OF
LUBBOCK, its successors or assigns, nor any persons claiming under it shall at any
time hereinafter, have, claim or demand any right to the title to the aforesaid
premises or appurtenances or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this 9th day of —October
/s/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
0 C� � 1�30
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for
County, Texas, on this day personally appeared BILL McALISTER, known t
be the person whose name is subscribed to the foregoing instrument andl
nowledged to me that he executed the same as the act and deed of the C1
LUBBOCK and as MAYOR, for the purposes and consideration therein expres I
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 10th day of Octo
/s/ Olivia R. Solis
Notary Public, Lubbock
My Commission Expires 12
QUITCLAIM DEED
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PREr
COUNTY OF LUBBOCK §
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County
of Lubbock, State of Texas, for and in consideration of the sum of
ONE AND N01100 ($1.00) DOLLARS and other good and valuable consideratic
to it in hand paid by GEORGE B. LARNER, hereinafter called "GRANTEE",
the receipt of which is hereby acknowledged, does hereby by these
presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUITCLAIM unto the
said GRANTEE, all its rights, title and interest in and to that
certain tract or parcel of land lying and being situated in the
County of Lubbock, State of Texas, described as follows, to -wit:
A portion of a 20 foot alley adjacent to Lot 254, being further
described as follows:
BEGINNING at the original Southwest corner of said Lot 254,
University Pines;
THENCE S. 61' W. a distance of 10.68 feet;
THENCE N. 27058'05" W. a distance of 58.14 feet;
THENCE N. 50' E. a distance of 9.81 feet to the most Westerly
corner of said Lot 254;
THENCE S. 29' E. a distance of 60.00 feet to the Point of Begin
TO HAVE AND TO HOLD the same premises together with all and
singular the rights, privileges and appurtenances thereto in any
manner belonging unto the said GRANTEE, its successors and assigns
forever, so that neither the GRANTOR, CITY OF LUBBOCK, its successors
or assigns, nor any persons claiming under it shall at any time
hereinafter, have, claim or demand any right to the title to the
aforesaid premises or appurtenances or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this 9th day of
ATTEST:
-Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Tom Nivens
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
October
sl Bill McAlister
BILL McALISTER, MAYOR
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81
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741
OCT 9 1980
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared BILL McALISTER, known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as
MAYOR, for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 10th day of October _ 198(
Isl Olivia R. Solis
Notary Public, Lubbock County, Texas
My Commission Expires 12/5/81
QUITCLAIM DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock,
State of Texas, for and in consideration of the sum of ONE AND NO1100 ($1.00)
DOLLARS and other good and valuable consideration to it in hand paid by SOUTH
PLAINS REALTY, INC., hereinafter called "GRANTEE", the receipt of which is hereby
acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER
QUITCLAIM unto the said GRANTEE, all its rights, title and interest in and to
that certain tract or parcel of land lying and being situated in the County of
Lubbock, State of Texas, described as follows, to -wit:
A portion of a 20 foot alley adjacent to Lot 258, being further described
as follows:
BEGINNING at the Northwest corner of said Lot 258, University Pines;
THENCE S. 150 E. a distance of 45.51 feet;
THENCE S. 89004'05" W. a distance of 10.15 feet-,
THENCE N. 15033'3511 W. a distance of 42.17 feet;
THENCE N. 71004'03" E. a distance of 10.97 feet to the Point of Beginning.
TO HAVE AND TO HOLD the same premises together with all and singular the
rights, privileges and appurtenances thereto in any manner belonging unto the
said GRANTEE, its successors and assigns forever, so that neither the GRANTOR,
CITY OF LUBBOCK, its successors or assigns, nor any persons claiming under it
shall at any time hereinafter, have, claim or demand any right to the title to
the aforesaid premises or appurtenances or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this 9th day of October _,1980.
ATTEST:
Isl Evelvn Gaffaa
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Tom Nivens
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
Isl Bill McAlister
BILL McALISTER, MAYOR
742
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared BILL McALISTER,
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the
act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes
and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _loth day of
October 1980.
Isl Olivia R. Solis
Notary Public, Lubbock County, Texas
My Commission Expires 12/5/81
QUITCLAIM DEED
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PREr
COUNTY OF LUBBOCK §
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the
County of Lubbock, State of Texas, for and in consideration of the
sum of ONE AND N01100 ($1.00) DOLLARS and other good and valuable
consideration to it in hand paid by LIBERTY LOTS, INC., HENRY HUNEKE,
PRESIDENT, hereinafter called "GRANTEE", the receipt of which is
hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM,
RELEASE AND FOREVER QUITCLAIM unto the said GRANTEE, all its rights,
title and interest in and to that certain tract or parcel of land
lying and being situated in the County of Lubbock, State of Texas,
described as follows, to -wit:
A portion of a 20 foot alley adjacent to Lots 205-208 and being
further described as follows:
BEGINNING at the Southeast corner of Lot 208, University Pines;
THENCE N. 15' W. a distance of 156.40 feet;
THENCE N. 29' W. a distance of 113.65 feet;
THENCE N. 50' E. a distance of 10.56 feet;
THENCE S. 27058'05" E. a distance of 116.95 feet;
THENCE S. 15033'35" E. a distance of 159.82 feet;
THENCE W. a distance of 10.23 feet to the Point of Beginning.
and for a portion of Canton Avenue adjacent to Lots 205 through
210 being further described as follows:
BEGINNING at the Southeast corner of Lot 209, University Pines,
an Addition to the City of Lubbock, Lubbock County, Texas;
THENCE E. a distance of 56.00 feet;
THENCE Northwesterly around a curve to the left, said curve
having a radius of 262.16 feet, a central angle of 40', tangent
lengths of 95.42 feet, and a chord distance of 179.35 feet;
THENCE S. 50' W. a distance of 56.00 feet;
THENCE Southeasterly around a curve to the right, said curve
having a radius of 206.16 feet, a central angle of 40', tangent
lengths of 75.04 feet, and a chord distance of 141.02 feet to
the Point of Beginning.
N
743
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I I ') 1980
TO HAVE AND TO HOLD the same premises together with all and singular the
rights, privileges and appurtenances thereto in any manner belonging unto the said
GRANTEE, its successors and assigns forever, so that neither the GRANTOR, CITY OF
LUBBOCK, its successors or assigns, nor any persons claiming under it shall at any
time hereinafter, have, claim or demand any right to the title to the aforesaid
premises or appurtenances or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this 9th day of
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Tom Nivens
Tom Nivens, Right of Way Agent
Isl Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
October _,1980.
Isl Bill McAlister
BILL McALISTER, MAYOR
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
Texas, on this day personally appeared BILL McALISTER, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR,
for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS loth day of
THE STATE OF TEXAS
COUNTY OF LUBBOCK
October _ 19801
Isl Olivia R. Solis
Notary Public, Lubbock County, Texas
My Commission Expires 12/5/81
QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS:
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock,
State of Texas, for and in consideration of the sum of ONE AND NO1100 ($1.00)
DOLLARS and other good and valuable consideration to it in hand paid by BERNICE
TURQUETTE, hereinafter called "GRANTEE", the receipt of which is hereby acknowledge
does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUITCLAIM
unto the said GRANTEE, all its rights, title and interest in and to that certain
tract or parcel of land lying and being situated in the County of Lubbock, State
of Texas, described as follows, to -wit:
A portion of a 20 foot alley adjacent to Lot 256, being further described
as follows:
BEGINNING at the Southwest corner of said Lot 256, University Pines;
THENCE S. 72040'36" W. a distance of 11.11 feet;
THENCE N. 15033'35" W. a distance of 58.00 feet;
THENCE N. 66052'51" E. a distance of 11.80 feet to the most Westerly
corner of said Lot 256;
THENCE S. 15' E. a distance of 60.00 feet to the Point of Beginning.
744
TO HAVE AND TO HOLD the same premises together with all and
singular the rights, privileges and appurtenances thereto in any
manner belonging unto the said GRANTEE, its successors and assigns
forever, so that neither the GRANTOR, CITY OF LUBBOCK, its successors
or assigns, nor any persons claiming under it shall at any time
hereinafter, have, claim or demand any right to the title to the
aforesaid premises or appurtenances or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this 9th day of October
1980.
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Tom Nivens
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared BILL McALISTER,
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the
act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes
and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _loth day of
October 1980.
/s/ Olivia R. Solis
Notary Public, Lubbock Cointy, Texas
My Commission Expires 12/5/81
QUITCLAIM DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PREVENTS:
COUNTY OF LUBBOCK
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County
of Lubbock, State of Texas, for and in consideration of the sum of
ONE AND N01100 ($1.00) DOLLARS and other good and valuable considerati(
to it in hand paid by PHILLIP SANCHEZ and wife RACHEL H. SANCHEZ,
hereinafter called "GRANTEE", the receipt of which is hereby acknowled
does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER
QUITCLAIM unto the said GRANTEE, all its rights, title and interest i
in and to that certain tract or parcel of land lying and being situates,
in the County of Lubbock, State of Texas, described as follows, to -
wit:
A portion of a 20 foot alley adjacent to Lot 257, being further
described as follows:
BEGINNING at the Northwest corner of said Lot 257, University
Pines;
�d,
THENCE S. 15* E. a distance of 64.10 feet;
745
0 C T 0 7980
THENCE S. 71004'03" W. a distance of 10.97 feet;
THENCE N. 15033'35" W. a distance of 64.40 feet;
THENCE N. 72040'36" E. a distance of 11.11 feet to the Point of Beginning.
TO HAVE AND TO HOLD the same premises together with all and singular the
rights, privileges and appurtenances thereto in any manner belonging unto the said
GRANTEE, its successors and assigns forever, so that neither the GRANTOR, CITY OF
LUBBOCK, its successors or assigns, nor any persons claiming under it shall at any
time hereinafter, have, claim or demand any right to the title to the aforesaid
premises or appurtenances or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this 9th day of October ,1980.
ATTEST:
/s/ Evelyn Gaffga _
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
/s/ Bill McAlister
BILL McALISTER, MAYOR
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
Texas, on this day personally appeared BILL McALISTER, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR,
for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 10th day of October ,1980.
/s/ Olivia R. Solis
Notary Public, Lubbock County, Texas
My Commission Expires 12/5/81
80-39A-745-1032 Ordinance No. 9016
(16)
An ordinance establishing speed limits on North Avenue H beginning at 4th Street
and extending north and northeast to U.S. 87.
Based on "85% speed zone study" by the Traffic Engineering Department, it is
recommended to increase the speed on Avenue H between 4th Street and 2nd Place from
30 mph to 35 mph. This portion of Avenue H was recently widened and provides for
a center turn lane and a right turn lane and an approach to match the two-way pairs
of Texas Avenue and Avenue H.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Ordinance No. 9016 on first reading. Motion carried: Mayor McAlister, Mayor Pro
Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
SMT:bs
ORDINANCE NO. 9016
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF
AVENUE H AND MUNICIPAL DRIVE, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE
BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING
CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE
ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIV ;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. I
746
80-39A-746-1033 Consider a revision to the 1979-80 Community Development Block Grant
(17) sidewalk repair and installation project.
The 5th-Year CDBG Program included $30,000 for the installation or
repair of sidewalks designated for the Overton South neighborhood
area. In March, 1980, the CDAC designated priorities for sidewalks
on either side of Avenue U and Avenue T which provided access to two
public schools; the second priority was the sidewalks along 15th and
16th Streets which are heavily traveled. The Overton South Associatioi
expressed opposition to these recommendations from the CDAC, and the
project was not initiated; the Association was given an opportunity,
however, to recommend alternatives to the CDAC, and it was their
recommendation to (1) pave the alley returns located within the
Overton South area of which there are many. The cost of installing
paved alley returns is estimated at $900 to $1,000 each; (2) establish
a revolving fund for the repair or installation of sidewalks in
central Lubbock, thus eliminating any special assessments which
might affect low -to -moderate income property owners; (3) install
sidewalks where none currently exist in the South Overton area.
Mr. Jim Bertram, Director of Planning, indicated the CDAC recommends
that revision to the 5th-Year monies as designated above be amended
to include the paving of alley returns rather than the installation
of sidewalks in the Overton South area as previously approved.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem
Henry to grant the CDAC request to revise and reconsider the above
proposed project. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilmen Brown and Aderton and Councilwoman Baker voting
Yea; none voting Nay.
80-39A-746-1034 Consider the allocation of Community Development Block Grant cont
(18) funds for the paving of East Kemper Street.
The residents of East Kemper Street appeared before the CDAC in
August and September requesting funds for paving their portion of
East Kemper Street located east of North Ash Avenue in the area
between Municipal Drive and Loop 289. The area is surrounded by "M-
1" and consists of approximately 14 families living on the Street,
all of which appear to be within low -to -moderate income level. The
majority of the housing units in this area need to be rehabilitated
or demolished.
Kemper Street is used by commercial traffic, threading its way to
the commercial developments located north and east of residential
area, which creates a dust problem and a hazardous situation, espec
for children.
The Engineering Department recommends that if Kemper Street is
paved, that the residential 36' width be used, at an estimated cost
of $30,489, which includes curb and gutter. The alternative to curb
and gutter paving is strip paving, estimated at a cost of $14,726.
It is believed by the staff that the usual assessment procedure for
curb and gutter paving would work a hardship on the residents in
that area, and the ordinance does allow for strip paving if such an
assessment is a hardship on the property owners.
CDAC recommends unanimously that East Kemper Street be stripped
paved from North Ash Avenue to the unimproved street on the east at
an approximate cost of $14,726, to be funded from CDBG Contingency
Funds.
At the 8:30 Work Session, the Council was apprised of the above
facts, Mr. Bertram indicating the residents complain of the commercial
traffic threading its way to the industrial area located adjacent to
their residential area; additionally, the residents feel that their
particular problem has been neglected and ignored by City officials.
The questions raised by the Council related to the precedent being
established by strip paving in this manner using CDAC Contingency
Funds as it relates to many small portions of unpaved streets located
in low -to -moderate income housing areas; the impractical traffic
route used by commercial vehicles using an unpaved street to the
industrial area when a paved street is readily accessible (Municipal
Drive); and whether or not signs indicating "no truck traffic" could
be utilized as a control mechanism.
Following discussion, Councilwoman Baker suggested that in light of
the pending Neighborhood meetings to be held by the CDAC, that this
matter be tabled until the Neighborhood meetings have been held,
allowing for citizen input regarding the situation, and establishing
priorities; simultaneously, an ordinance be prepared implementing
the "no truck traffic" control mechanism for this portion of the
street.
747
By CONSENSUS the Council accepted these recommendations.
At the Regular Meeting, the motion was made by Councilwoman Baker, seconded by
Councilman Aderton to TABLE further action on this matter pending the Neighborhood
meetings to be held by the CDAC in the near future, allowing for citizen input
establishing the priority of this particular matter in conjunction with all needs
of the City, and instructing the staff to prepare a proposed ordinance placing a
"no truck traffic" sign as a control mechanism. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting
Yea; none voting Nay.
80-39A-747-1035 Resolution No. 626
(19)
A resolution adopting the Lubbock Fair Housing Strategy.
The 1980-81 CDBG was approved conditionally by HUD, at which time the City was
given 180 days to "take action satisfactory to HUD to affirmatively further fair
housing." Failure to comply with this condition would jeopardize the City's
grant. It seems that all cities are being scrutinized carefully by HUD. According
to HUD, for the last three years, Lubbock has failed to take positive and specific
actions to further fair housing; therefore, the 180-day grant condition was
issued.
The City has three alternatives: (1) adopt a Fair Housing Ordinance; (2) conduct
a detailed examination of local mortgage credit practices to identify possible
"red lining"; or, (3) become a signatory to a New Horizons Agreement with HUD.
Traditionally, the Council has been opposed to adopting a Fair Housing Ordinance
primarily because there has been no documented need for such an ordinance; a "red
lining" study requires information and technical analysis not currently available,
and the New Horizons Program involves an assessment of the housing needs in
Lubbock and the development of a comprehensive strategy plan to meet these needs,
requiring a creation of a special task force with responsibilities that would
duplicate those of the HRC and the CDAC. Additionally, the New Horizons Program
by municipalities is a new program and is lacking in a sufficient track record to
determine its effectiveness.
At the 8:30 Work Session, the discussion of the proposed Strategy Plan reflected
general acceptance with the following adjustments:
ASSISTANCE TO MINORITIES, Objective 1, Item lc "establish a tool library for
simple home repairs" - This should be deleted as it is impractical and could be
implemented through le (volunteer repair assistance program).
LOCAL INITIATIVE, Objective 2, Item 2a - City Manager Larry Cunningham
suggested that the HRC Housing Committee composed of HRC members only be expanded
by the Council to include representatives of banking and lending institutions as
well as real estate sales industry.
By CONSENSUS, these adjustments to the Strategy Plan were agreed upon.
At the Regular Session, City Manager Cunningham additionally commented that the
CDAC recommends that by utilizing the HRC Housing Committee to investigate and
hear grievances regarding housing practices for minorities, they did not feel
that a Fair Housing Ordinance was necessary to comply with the Strategy Plan.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to
pass Resolution No. 626 adopting the Lubbock Fair Housing Strategy Plan, subject
to the following adjustments:
ASSISTANCE TO MINORITIES
Objective 1: To help promote a self-help attitude
toward maintenance and repair of property.
lc: Establishing a Tool Library for simple home repairs "be deleted."
LOCAL INITIATIVE
Objective 2: To provide a forum for hearing grievances
of discriminatory housing practices.
2a: The verbage be changed as follows, "that the HRC Housing
Committee composed of HRC members only be expanded by
the City Council to include representatives of banking
and lending institutions as well as real estate sales
industry."
Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and
Aderton and Councilwoman Baker voting Yea; none voting Nay.
748
0, NO
SMT:bs RESOLUTION NO. 626
A RESOLUTION ADOPTING THE LUBBOCK FAIR HOUSING STRATEGY.
WHEREAS, the City Council of the City of Lubbock recognizes the
importance of equal treatment of all Lubbock citizens, especially in
obtaining housing; and
WHEREAS, the City of Lubbock will take positive actions to
affirmatively further fair housing and to promote housing opportunitie
for all persons; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the proposed Fair Housing Strategy as adopted by the
Community Development Advisory Committee, attached hereto and incorpor
herein by reference, BE and is hereby adopted and approved by the
City Council of the City of Lubbock.
Passed on the 9th day of October , 1980.
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/s/ Evelyn Gaffga_
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Vicki Foster Covey
Vicki Foster Covey, Community Development
Coordinator
APPROVED AS TO FORM:
Isl Susan M. Tom
Susan M. Tom, Asst. City Attorney
LUBBOCK FAIR HOUSING STRATEGY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AS ADOPTED BY THE
CITY COUNCIL
OCTOBER 9, 1980
FAIR HOUSING
A condition in which individuals of similar income levels in the
same housing market area have a like range of housing choices availabl
to them, regardless of their race, color, religion, sex, national
origin, or handicap.
LUBBOCK'S POLICY
The City Council of the City of Lubbock recognizes the importance of
equal treatment of all Lubbock citizens, especially in obtaining
housing, and will take positive actions to affirmatively further
fair housing and to promote housing opportunities for all persons.
APPROACH
The City of Lubbock will use to the fullest extent possible the
resources of the Community Development Advisory Committee (CDAC) and
the Human Relations Commission (HRC) to implement the Lubbock Fair
Housing Strategy. The coordinated effort will promote fair housing
through education, assistance to minorities, and local initiatives.
749
FAIR HOUSING STRATEGIES
EDUCATION
GOAL: TO INFORM PEOPLE, ESPECIALLY MINORITIES, OF WHAT FAIR
HOUSING IS AND TO WHAT EXTENT THE LAW PROTECTS THEIR
RIGHTS.
OBJECTIVE 1: TO PROMOTE THE CONCEPTS OF EQUAL OPPORTUNITIES IN HOUSING.
ACTIONS:
la. Place fair housing posters and bilingual information
regarding complaints and procedures in all Lubbock community
centers.
lb. Encourage the local newspapers to use the Publishers
Statements on Equal Housing Opportunities in the classified
sections.
1c. Conduct a fair housing workshop sponsored by the CDAC, the
Human Relations Commission, HUD, and the local civil
rights organizations.
ld. Distribute through community centers a bilingual pamphlet on
consumer information on tenants rights.
OBJECTIVE 2: TO INFORM PEOPLE, ESPECIALLY MINORITIES, OF THE
PROCEDURES INVOLVED IN BUYING A HOME AND SECURING A LOAN.
ACTIONS:
2a. To conduct at least two workshops annually sponsored
by the CDAC, the HRC, HUD and the housing industry to inform
potential homeowners how to purchase a home.
2b. Develop, with the housing industry', a simple bilingual
handbook or brochure on "How to Buy a House". Distributed
through media, churches, insert to newspapers and community
centers.
ASSISTANCE TO MINORITIES
GOAL: TO ENCOURAGE AND EXPAND EQUAL ACCESS FOR ALL PERSONS,
ESPECIALLY MINORITIES, TO ALL ASPECTS OF THE HOUSING MARKET.
OBJECTIVE 1: TO HELP PROMOTE A SELF-HELP ATTITUDE TOWARD MAINTENANCE
AND REPAIR OF PROPERTY.
ACTIONS:
la. Publish and disseminate a bilingual handbook on simple
home repairs.
lb. Develop community classes on home maintenance.
1c. Advertise to neighborhood groups how CDBG Rehabilitation
Assistance is sought.
ld. Implement a volunteer repair assistance program.
OBJECTIVE 2: TO PROVIDE COUNSELING SERVICES FOR LOW INCOME AND MINORITY
FAMILIES TO HELP EXPAND THEIR HOUSING CHOICES.
ACTIONS:
2a. Through the Community Services program establish a counsel-
ing and referral mechanism directed at mortgage lending,
budget and credit management, and emergency housing assistance,
etc.
LOCAL INITIATIVE
GOAL: TO PROMOTE THROUGH LOCAL GOVERNMENT INITIATIVES, EQUAL
AND FAIR HOUSING OPPORTUNITIES.
OBJECTIVE 1: TO IDENTIFY AND DISCOURAGE DISCRIMINATORY HOUSING PRACTICES.
ACTIONS:
la. The CDAC and the HRC with the assistance of such organiza-
tions as the Lubbock Mortgage Review Board, the South
Plains Mortgage Association, and the Lubbock Board of
Realtors will make studies related to fair housing such as
lending and real estate practices, housing dispersal and
tenant policies.
750
OBJECTIVE 2: TO PROVIDE A FORUM FOR HEARING GRIEVANCES OF
DISCRIMINATORY HOUSING PRACTICES.
ACTIONS:
2a. The HRC Housing Committee, composed of HRC
members only will be expanded by the City
Council to include representatives of the banking
and lending community and the real estate sales
industry.
2b. The Housing Committee of Human Relations Commissio
will investigate complaints of housing discriminat
and refer the appropriate cases to the Department
of Housing and Urban Development.
*NOTE: Proposed Lubbock Fair Housing Strategy Implementation Schedule
is attached and filed with original r-esolutio.a.
80-39A-750-1036 Consider authorizing final payment to W. D. Turner Construction
(20) Company for 1980 Street Maintenance Program (GWO 3262).
The work on the Summer Street Maintenance Program (GWO 3262) has
been completed, and final payment in the amount of $26,071.44 is
recommended.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem
Henry to authorize the final payment to W. D. Turner Construction
Company for the completion of the 1980 Street Maintenance Program
(GWO 3262). Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
80-39A-750-1037 Resolution No. 627
(21)
A resolution authorizing Change Order No. 3 to the 1979 Assessment
Paving Program (GWO 10,976).
There was a delay in clearing the ROW and obtaining fill material
from the owner of the KFYO tract at 82nd and Quaker Avenue necessitati
a change order to Kerr Construction Company extending the completion
date from October 15 to December 15, 1980. The requested change
order is for this extension of time.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem
Henry to pass Resolution No. 627 approving Change Order No. 3 regardi
the 1979 Assessment Paving Program (GWO 10,976). Motion carried:
Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton
and Councilwoman Baker voting Yea; none voting Nay.
JWF:bs RESOLUTION NO. 627
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Change Order No. 3 to the 1979 Assessment Paving Program (G.W.O.
10,976), with Kerr Construction Company, 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 9th
ATTEST:
/s/ Evelyn Gaffsa
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Don Jennings
Don Jennings, City Engineer
day of
October
Isl Bill McAlister
BILL McALISTER, MAYOR
APPROVED AS TO FORM:
Isl J. Worth Fullingim,
J. Worth Fullingim, Asst. City Attorney
751
OCT n
4) 1980
Change Order Number 3
to GWO 10,976
TO: Kerr Construction Company
Box 888
Lubbock, Txas 79408
Gentlemen:
WHEREAS, it is desirable- to make changes in the plans and specifications for
G.W.O. 10,976, being namely the following changes in the specifications:
1. The completion date of Unit Numbers 2237-1 and 2237-2 be extended from
October 15, 1980 to December 15, 1980.
2. Statement 1 of the Deadline for Hot Mix Surfacing located in the proposal
and in Section I, paragraph 20, be revised to read as follows:
1. 1 1/2" surfacing with T.H.D. Type "C" A.C. will be permitted after
October 15 and before December 15 provided the Contractor abides
by the following restrictions:
A. The surfacing shall be guaranteed by a letter from the Contractor
for a period of one (1) year after acceptance of the unit.
B. A dilute emulsion treatment of a rate determined by the Engineer
will be applied to the surface within ten (10) days of the
placement of the surface.
C. The A.C. surface will have a minimum temperature of 300' F
immediately after placement by the lay -down machine.
D. The A.C. surface will not be placed when the air temperature
is below 50' F.
E. Standby rollers shall be located at the job site for immediate
use if needed.
Original Amount of Contract G.W.O. 10$976
Increased by Change Order No. 1
Increased by Change Order No. 2
Increased by Change Order No. 3
$1,694,618.04
38,261.44
204,081.32
0.00
Total Amount of Contract $1,936,960.80
THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained,
the Owner and the Contractor agree to the changes shown herein and in the revised
plans. The Contractor agrees to proceed with construction and to adhere to applicab
specifications under the direction of the Engineer. Furthermore, the parties agree
that the original contract between the Owner and the Contractor shall be modified
to the extent herein indicated.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands
this 9th day of October, 1980.
B /s/Ken Hancock
Kerr Construction Company
(Contractor)
CITY OF LUBBOCK
(owner)
By Isl Bill McAlister
Bill McAlister, Mayor
APPROVED AS TO FORM:
Isl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
Title: Pres.
Attest: Isl Evelyn Gaffga
Evelyn Gaffga, City -Secretary
752
80-39A-752-1038 Resolution No. 628
(22)
A resolution accepting storm water drainage channel improvements in
Lots 5 and 6, Rip Addition, constructed by Lubbock Asphalt Products,
Inc.
Lots 5 and 6, Rip Addition, are located east of Avenue A on the
north side of 50th Street, and drainage channels located on the east
side of the two lots are completed, and this is a routine acceptance
of these improvements.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem
Henry to pass Resolution No. 628 accepting the referenced improvements
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting
Nay.
RESOLUTION ACCEPTING IMPROVEMENTS AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of
City Ordinance 1331, the subdivider of Rip Addition, Lots 5 and 6, mad
arrangements with Lubbock Asphalt Products, Inc., for the construction
drainage improvements dedicated in said subdivision under the provisio
of said Ordinance prior to the recording of the subdivision plat of
Rip Addition, Lots 5 and 6, including the following improvements:
Storm water drainage improvements Unit NS 2027-27
AND WHEREAS, the construction of the above improvements was
performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found
to have been constructed in accordance with City specifications and
in accordance with the provisions of City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
M
That the improvements be and the same are hereby accepted and the
City Engineer be and he is hereby authorized to direct the payment of
the City's portion of the cost (and to release escrow money).
The resolution shall take effect and be in force from and after
its passage.
PASSED AND APPROVED THIS 9TH DAY OF OCTOBER, 1980.
ATTEST:
.1sl Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
Isl Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
-Isl John C. Ross, Jr..
John Ross, Jr., City Attorney
Isl Bill McAlister
Bill McAlister, Mayor
of
s
753
OCT (V` 19 ") 1)
CONSOLIDATED FINAL ESTIMATE
RIP ADDITION, LOTS 5 AND 6
ACCEPTED OCT. 9TH, 1980
L.F.
S.Y.
S.Y.
C & G
Unit &
Paving L.F.
Drainage
Removal &
Sub -Unit Location
6" Base C & G
Channel
Repair
NS 2027-27 N-S Drainage Channel
893.33 126.40
273.39
37.00
along East Side of Lots
5 and 6
COST ESTIMATE
893.33
S.Y.
Paving 6" Base at
$ 5.75
$
5,136.65
126.40
L.F.
Curb & Gutter at
$ 5.50
$_
695.20
273.39
S.Y.
Drainage Channel at
$21.50
$
5,877.89
37.00
L.F.
Curb & Gutter at
$ 5.00
$_
185.00
Removal & Repair
CONTRACT
COST
$_
11,894.74
COST DISTRIBUTION
Unit &
Sub -Unit
NS 2027-27
Contract
Cost
$11,894.74
Property
Owner Cost
$11,894.74
City to
Contractor
At this time Mayor McAlister expressed appreciation to Councilman Aderton who has
served as representative for the Council at the PURPA hearings held this week; the
hearings were in compliance with the federal mandated program regarding the
utility companies compliance with various standards issued by the DOE.
80-39A-753-1039 Consider authorizing the design phase of the Joint Venture Agreement with Freese &
(23) Nichols/Parkhill, Smith and Cooper, Inc.
On March 10, 1980, the Council approved the contract with Freese & Nichols/Parkhill,
Smith and Cooper for engineering the Water Treatment Plant expansion and the Water I
Storage Reservoir (Resolution No. 440). The engineers have completed the preliminar'
phase and are now ready to proceed with the design phase. The total cost of the
project - the storage reservoir, treatment plant expansion, pump station and
supply line into our present system - is estimated at $11,750,480, said amount
being allocated for from the August 9 Bond Election, the previous Bond Sale in the
Reserve Fund for Water Construction. The design phase will be funded from the
1981 Bond Sale.
80-39A-753-1040 Ordinance No. 9017
(24)
An appropriation ordinance for the above referenced design phase (Water Capital
Fund).
The appropriation ordinance is in the amount of $310,421 for engineering services
of the above referenced design phase.
The motion was made by Councilman Brown, seconded by Councilwoman Baker authorizing
the design phase, referenced above, and passing Appropriation Ordinance No. 9017
on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilme
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
754
OCT
ORDINANCE NO. 9017
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is
necessary to appropriate certain specific funds for an approved projecl
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: I
Water Capital Project Fund
The sum $310,421.00
For the following purpose:
Engineering fees for design phase of:
Water Storage and Regulating Reservoir $167,210
Water Treatment Plant and Pump Station 90,245
Water Distribution line from Treatment Plant 52,966
$310,421
U'01�•��
Passed by the Council on first reading this 9th day of October, 1980.
Passed by the Council on second reading this day of
MAYOR
ATTEST:
CITY SECRETARY -TREASURER
VERIFIED BY:
FINANCE OFFICER
APPROVED BY:
HEAD OF DEPT. DEPT.
80-39A-754-1041 Authorize publishing Notice to Bidders for drilling local wells.
(25)
Authorization to advertise for the redrilling of five local wells
that have caved in and need to be relocated for ROW purposes is
requested, said project to be funded from Revenue Sharing Funds.
80-39A-754-1042 Authorize publishing Notice to Bidders for drilling wells in the
(26) Sandhills Well Field.
It is known that our allocation from the Canadian River Municipal
Water Authority will be curtailed in 1980. In the event this actually
takes place, there is need to commence drilling 12 of the first 25
wells in the Sandhills Field, said work to commence by mid -summer
1981. We will need to produce 3.9 billion gallons from the Sandhills
Field, plus a minimum of 70% allocation from the Water Authority to
meet our peak day requirements next summer. This request is in
anticipation of these needs for the summer of 1981.
The motion was made by Councilman Aderton, seconded by Councilman
Brown to authorize the Notice to Bidders for the five local wells; to
authorize the Notice to Bidders for the drilling of twelve wells in
the Sandhills Field. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilmen Brown and Aderton and Councilwoman Baker voting
Yea; none voting Nay.
755
80-39A-755-1043 Resolution No. 629
(27)
A resolution authorizing the Mayor to sign_a contract with Ramrod Industries, Inc.
for lease of warehouse at Lubbock International Airport.
Director of Aviation Marvin Coffee apprised the Council that the Ramrod Industries,
Inc. has requested leasing a warehouse building located on the Airport premises,
bearing the municipal address 1322-B Grinnell; they fabricate large metal machinery
and equipment. The proposed building consists of 16,000 square feet and is
located in the industrial area of the Airport. The lease is for five years with
two five-year options at $12,000 per year with rental rate adjustments each year.
The Airport Board has approved and recommends this lease agreement.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass
Resolution No. 629 approving the lease agreement with Ramrod Industries, Inc.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and
Aderton and Councilwoman Baker voting Yea; none voting Nay.
ALA: c 1
RESOLUTION NO. 629
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock an Non -Aeronautical Lease
Agreement between the City of Lubbock and Ram Rod Industries, 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 9th day of October '1980.
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Marvin Coffee
Marvin Coffee, Director of Aviation
/s/ Angela L. Adams
Angela L. Adams, Assistant City Attorney
STATE OF TEXAS §
COUNTY OF LUBBOCK §
Isl Bill McAlister
BILL McALISTER, MAYOR
KNOW ALL MEN BY THESE PRESENT:
NON -AERONAUTICAL LEASE AGREEMENT
THIS AGREEMENT, entered into at Lubbock, Texas by and between the CITY OF
LUBBOCK, hereinafter referred to as "LESSOR", and RAM ROD INDUSTRIES, INC. a
Texas Corporation domiciled at 1322 B Grinnell Avenue, Lubbock County, Texas,
hereinafter called "LESSEE", Witnesseth:
WHEREAS, LESSOR owns and operates a public airport designated as LUBBOCK
INTERNATIONAL AIRPORT herein called "AIRPORT", and
WHEREAS, the LESSEE desires to use building no. 712 and certain unimproved
property described herein, for the manufacturing and storage of cotton trailer
modules; and
WHEREAS, LESSOR reserves the right to take any action it considers nec-
essary 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 the Airport which in the opinion of
LESSOR would limit the usefulness of the Airport or constitute a hazard to aircraft
and
WHEREAS, it is agreed by LESSEE that during the time of war or national
emergency the LESSOR shall have the right to enter into an agreement with the
United States Government for military or naval use of part or all of the landing
area, the publicly owned air navigation facilities, and other area or facilities
of the Airport. And if any such agreement is executed, the provisions of this
756
WHEREAS, it is agreed that this agreement 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, the execution of which has been or may be required as
a condition precedent to the expenditure of federal funds for the
development of the Airport; and
WHEREAS, all right, privileges and interests acquired herein by
LESSEE at the option of the LESSOR, following written notice of
thirty (30) days, may be suspended or finally terminated if such
suspension or termination is found by the LESSOR, acting in good
faith, to be necessary to secure federal financial aid for the developlent
of the Airport, or further development and provisions of aeronautical
operations thereon; and,
WHEREAS, in the event the exercise of the rights reserved above
by the CITY makes the operation of this lease impractical, the LESSEE
upon thirty days notice to the LESSOR, shall have the right to cancel
this lease; and
ARTICLE I
NOW THEREFORE, found in consideration of the covenants and
conditions herein contained and other valuable consideration the
LESSOR authorizes the LESSEE to exercise the rights, powers and
privileges hereinafter set forth and does hereby lease to the LESSEE
the premises hereinafter described and being:
Building #712 located in the Industrial Section, Lubbock Internat.onal
Airport and 16,000 square feet of unimproved property, the legal
description of which is contained in "Exhibit A" attached hereto and
made a part hereof for all purposes.
The original term of this agreement shall be for a period of
five years, commencing upon the date of execution. LESSEE shall have
the option to extend this agreement for two five (5) year periods.
Such option must be exercised in writing ninety (90) days prior to
expiration date of original term or expiration of the first five (5)
year option, as applicable. If the LESSEE desires to exercise said
options, the rental rate shall be in accordance with the calculations
as set forth herein plus CPI Index Increases.
ARTICLE II
In consideration of the rights and privileges herein granted,
LESSEE shall pay to the LESSOR a Building Rental for 16,000 square
feet at the rate of .75 per square foot per year or TWELVE THOUSAND
DOLLARS ($12,000.00) per year; and a ground rental for 16,000 square
feet at the rate of .0555 per square foot per year or EIGHT HUNDRED
EIGHTY EIGHT DOLLARS ($888.00) per year. Rental rates set forth
herein shall be paid to LESSOR by LESSEE monthly in advance by the
tenth day of each month, such monthly payment being SEVENTY-FOUR
DOLLARS ($74.00) for ground rental and ONE THOUSAND DOLLARS ($1,000.00
for building rental for a total of ONE THOUSAND SEVENTY-FOUR DOLLARS
The parties hereto mutually agree that the rental rates set
forth above shall be adjusted upward or downward for each ensuing
year beginning January 1, 1981 in direct proportion to the fluctuation
of the U.S. Department of Labor, Bureau of Labor Statistics Cost of
Living Index. For the purpose of computing all adjustments, the
Bureau of Labor Cost of Living Index as of January 1, 1980 shall be
construed as the base period.
ARTICLE III
This license is granted subject to the following provisions and
1. The license herein granted is subject to any and all applicaKe
laws, ordinances, rules and regulations pertaining to the Lubbock
2. The LESSEE shall not make, permit, or suffer any additions,
improvement or alterations to the property which constitute any major
structural change or changes without prior written consent of the
LESSOR. Any such additions, improvements or alterations made with
the consent of the LESSOR shall be solely at the expense of the
LESSEE and unless such consent provides specifically that title to
the addition or improvements so made shall vest in the LESSEE, title
thereto shall at all times remain in the LESSOR and such additions or
improvements shall be subject to all terms and conditions of this
instrument. The LESSEE agrees to hold the LESSOR harmless from
mechanic's and materialman's liens arising from any additions, improvei
,
757
OCT 0) 1980
3. The LESSOR, acting by and through the Director of Aviation, or other
designated representative shall have the right to inspect the property at all
reasonable times during the term of this license.
4. The LESSEE agrees that it will at all times during the term of this
license maintain in good and serviceable condition all land, improvements,
facilities and equipment included herein, ordinary wear and tear excepted, such
maintenance to be the sole responsibility and obligation of the LESSEE.
5. Except as provided herein, any property of the LESSOR, or for which the
CITY may be responsible, which is damaged or destroyed incident to the exercise
of the privileges herein granted shall be properly repaired or replaced by the
LESSEE to the satisfaction of the LESSOR and its authorized representatives, or
in lieu of such repair or replacement, the LESSEE shall, if so required by the
LESSOR, pay to the LESSOR money in any amount deemed sufficient by the LESSOR to
compensate for the loss sustained by the LESSOR by reason of the loss of, damage
to, or destruction of such property.
6. The LESSEE agrees to indemnify, defend and forever save the LESSOR,
their authorized agents, representatives and employees, harmless from and against
any and all penalties, liability, annoyances, or loss resulting from claims or
court action of any nature arising directly or indirectly out of any acts or
omissions of the LESSEE, his agents, servants, guests, employees or business
visitors under this agreement.
7. The LESSEE shall maintain at all times, as its sole expense, insurance
with an insurance underwriter acceptable to the LESSOR and from one authorized to
do business in the State of Texas, against claims of public liability and property
damage resulting from LESSEE'S business activities at the Airport. The amount of
insurance coverage shall be not less than FIFTY THOUSAND 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 personal injury
or death of two or more persons in any one event. Certificates of insurance or
other satisfactory evidence shall be filed with the City Secretary prior to entry
upon the premises by the LESSEE. Each policy shall name the LESSOR, CITY OF
LUBBOCK, as an additional insured as its interest may appear. Each policy shall
provide "It is agreed that insurer shall notify the CITY OF LUBBOCK, TEXAS, of
any alteration, renewal or cancellation of this policy and that this policy shall
remain in full force and effect until ten (10) days after such notice is received
by the Director of Aviation.
8. LESSEE shall furnish to the LESSOR satisfactory evidence that it
carries Workmen's Compensation Insurance in accordance with the laws of the State
of Texas.
9. The LESSEE shall assume responsibility for the payment of all taxes and
assessments and public utility charges becoming due on the property from the date
of execution of this agreement. The LESSEE agrees to pay all claims or damages
for or on account of water, lights, heat, power, sewage disposal, and any other
services or utilities furnished to or with respect to the property or any part
thereof. The LESSOR does not guarantee to furnish utilities or utility services
in the future. In the event utility service is not furnished for reasons other
than repair or installation of lines or non-payment of charges, LESSEE shall have
the option to cancel this lease upon thirty days notice to the LESSOR.
10. Within 30 days following the date of expiration or termination of this
agreement, the LESSEE shall as required by the LESSOR, vacate said premises,
remove all property of the LESSEE and restore the land, improvements, facilities
and equipment included herein to as good condition on such date of expiration or
termination as when received, ordinary wear and tear excepted. If the
LESSEE shall fail or neglect to remove said property and so restore the land,
improvements, facilities and equipment included herein, within 30 days of said
expiration or termination, then at the option of the LESSOR said property shall
either become the property of the LESSOR without compensation therefor or the
LESSOR may cause the property to be removed, the land, improvements, facilities
and equipment included herein to be restored at the expense of the LESSEE and no
claim for damages against the LESSOR or its officers, agents, or employees shall
be created or made on account of such removal and restoration.
11. The LESSEE, its agents and employees will not discriminate against any
person or class of persons by reason of sex, 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 LESSOR take in order to comply with the
Sponsor's Assurances (CITY).
LESSEE agrees to not discriminate against any employee or applicant for
employment because of race, creed, color, sex 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 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;
i
The LESSEE will conduct its activities and operate its facilities in accordancel
with the requirements of Section 504 of the Rehabilitation Act of 1973 and will
758
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, includi
discrimination in employment, under any program or activity of the
LESSEE.
12. The LESSEE warrants that it has not employed any person
employed by the LESSOR to solicit or secure this Lease Agreement
upon any agreement for a commission, percentage, brokerage, or
contingent fee.
13. Except with prior written consent of the LESSOR the LESSEE
shall not sublet any part of the premises or assign the license or
any of its rights hereunder.
14. The failure of the LESSOR to insist in any one or more
instance upon performance of any of the terms or conditions of this
license shall not be construed as a waiver or relinquishment of the
future performance of any such term or conditions but the LESSEE'S
obligation with respect to such future performance shall continue in
full force and effect.
15. The obligation of the LESSEE to maintain the property to
the satisfaction of the LESSOR or its representative and to restore
the same to its present condition shall extend not only to the
property hereinabove described but to the adjacent streets and
roadways used for ingress and egress to said property, except for
ordinary wear and tear occasioned by normal and customary uses.
16. 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.
17. LESSEE agrees that the LESSOR shall have, and it hereby
grants the LESSOR a lien on all LESSEE'S property of whatsoever
nature placed in or upon the premises, to guarantee the payment of
any and all arrearages.
ARTICLE IV
This agreement is subject to termination for the reasons set
forth below, provided that 30 days written notice is given to the
non -terminating party.
The LESSEE may terminate upon the happening of any of the
following:
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 LESSOR of any of the terms, covenants or
conditions of this agreement to be kept, performed and observed by
the LESSOR, and the failure of the LESSOR 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 under the terms of this agreement,
if such restriction is to continue or has continued for a period of
three (3) months or more.
The LESSOR may terminate upon the happening of any of the
following:
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 proceedil
or if a court shall take jurisdiciton 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 operations
under this agreement.
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.
5. If the LESSEE shall fail to abide by all applicable laws,
s ;
� � M
ordinances and rules and regulations of the United States, State of Texas, City of
Lubbock, or Director of Aviation of the City of Lubbock.
Executed this —9th day of
RAM ROD INDUSTRIES, INC.
Isl Wendell A Reeder, Pres.
ATTEST:
/s/ Gary T. Thurmon, V.P.S.T.
October
NEW"IT13
CITY OF LUBBOCK, TEXAS
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
Isl Angela Adams
Angela Adams, Asst. City Attorney
*NOTE: Exhibit A is attached to original resolution.
Consider a resolution authorizing the Mayor to sign:
80-39A-759-1044 Resolution No. 630a
(28a)
An amended Lease Agreement with Texas Air Center (Lease authorized by Reso. 608,
9/11/80).
On September 11, 1980, the Council approved a lease agreement with Texas Air
Center for additional land (Resolution No. 608) for the purpose of constructing a
large hangar on this additional site. The area was surveyed and it was determined
that the proposed construction would be placed over an existing water main; it is
therefore advised that the location be moved approximately 15' to clear the water
main location. The site has been resurveyed and .147 acres were added to the
original location.
AA:bs
RESOLUTION NO. 630A
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 directe
to execute for and on behalf of the City of Lubbock a Lease Addendum No. 1 between
City of Lubbock and Texas Air Center to a Fixed Based Operator Agreement dated
September 11 , 1980, 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 9th day of October ,1980.
Ls/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
FAN21116MADI 10M
Isl Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
Isl Angela Adams
Angela Adams, Asst. City Attorney
M
ME
LEASE ADDENDUM NO. 1
WHEREAS, the City of Lubbock as Lessor and Texas Air Center as
Lessee entered into a Fixed Based Operator Agreement on September
11 , 1980 and
WHEREAS, it has been determined that an existing water main
interferes with the proposed construction site of contemplated
improvements on the leased property;
NOW THEREFORE, said Fixed Based Operator Agreement is hereby
amended by substituting Exhibit C, attached hereto and made a part
hereof for all purposes, for Exhibit B as referenced in Article I,
A, 1 and Article III, B of the said Fixed Based Operator Agreement.
Said Exhibit C shall have the same force and effect as the original
Exhibit, i.e. Exhibit B. Exhibit B is hereby rendered null and void
and shall no longer be of any force and effect.
EXECUTED this 9th day of October 1980.
TEXAS AIR CENTER
BY: Isl Norman C. Blankenship
Norman C. Blankinship
BY: Isl Kenneth V. Brown
Kenneth V. Brown
BY: /s/ Kimble J. Neel
Kimble J. Neel
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, Asst. City Attorney
*NOTE: Exhibit C is attached with original resolution.
80-39A-760-1045 Resolution No. 630b
(28b)
A Landlord's Waiver related to this amended lease agreement.
In order for Texas Air Center to secure financing for this new
construction, a Landlord's Waiver is required, said Waiver being a
portion of the amended lease agreement referenced above.
Oc T 9 '7980
AA:bs
RESOLUTION NO. 630B
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Landlord Waiver
Agreement between Texas Air Center and the City of Lubbock, 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 9th
ATTEST:
sl 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, Asst. City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
day of
October
Isl Bill McAlister
BILL McALISTER, MAYOR
,1980.
This Agreement made this qth day of October, 1980, by and between the
City of Lubbock, a municipal corporation situated in the County of Lubbock,
Texas, (hereinafter called the "City") and Norman C. Blankinship, Kenneth V.
Brown, and Kimble J. Neel, a partnership d/b/a Texas Air Center in the County of
Lubbock, Texas, (hereinafter called "Texas Air Center").
W I T N E S S E T H:
WHEREAS, the City and Texas Air Center entered into a certain Fixed Based
Operator Agreement dated September 11 , 1980, pursuant to which the City
leased to Texas Air Center certain real property at the Lubbock International
Airport, said real property being described in Exhibit "A" hereto attached and
incorporated at this point verbatim, all for the purpose or purposes of con-
ducting general aviation services;
WHEREAS, under said lease Texas Air Center is obligated to construct certain
facilities on the premises leased to him by the City;
WHEREAS, in order to satisfy some of the obligations of Texas Air Center
under said lease, Texas Air Center has entered into a certain agreement with Cary
L. Johnson, Carmen A. Ferullo, and W. M. Wright, a partnership d/b/a W F J Invest
for the construction of an airplane hanger on the premises described as Exhibit
"A!" at the Lubbock International Airport; and
WHEREAS, in order for W F J Investments to obtain financing for the construct:
of the airplane hanger, it is necessary for W F J Investments to grant to the
lending institution supplying such financing, hereinafter referred to as the
Secured Party, a security interest in the building to be constructed pursuant to
the above referenced Agreement between Texas Air Center and W F J Investments and
where applicable Broadview Construction Company as contractor;
NOW, THEREFORE, for and in consideration of the foregoing and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledge(
the City consents and agrees that the building and/or improvements to be construct(
pursuant to the Agreement between Texas Air Center and W F J Investments by
Broadview Construction Company shall be treated for all purposes as personal
property and shall be severed from the real property upon which the building
and/or improvements are to be constructed. The City's agreement to treat such
building and/or improvements as personal property and to sever it from the real
property upon which it is situated shall commence as of the date hereof and shall
continue until any and all amounts due and owing under that certain promissory
note dated the llth day of September, 1980, in the original principal sum of
its,
762
$390,000.00 executed by W F J Investments in favor of The First
National Bank at Lubbock, Lubbock, Texas, has been paid in full or
until such time as the Fixed Based Operator Agreement of September
11 , 1980 expires or is terminated under the terms and provis
of said Agreement.
In the event that the Secured Party obtains a property interest
in said improvements prior to the expiration or termination of said
Fixed Based Operator Agreement, the Secured Party shall be held and
bound to the terms and provisions of the Fixed Based Operator AgreeME
of September 11 1980 to the same extent as Texas Air Center,
Lessee, thereunder,
IN WITNESS WHEREOF, the parties have executed this Agreement
this 9th day of October, 1980.
THE FIRST NATIONAL BANK AT
LUBBOCK,
SECURED PARTY
BY: Isl James P. Cummings
ATTEST:
Title: Vice President
Isl Virgil L. Wright
Secretary
TEXAS AIR CENTER
BY: /s/Norman C. Blankenshi
Norman C. Blankinship
BY: /s/Kenneth V. Brown
Kenneth V. Brown
BY: /s/Kimble J. Neel
Kimble J. Neel
CITY OF LUBBOCK
BY: Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Marvin Coffee Isl Angela Adams
Marvin Coffee, Director of Aviation Angela Adams, Asst. City At
The motion was made by Councilman Brown, seconded by Mayor Pro Tem
Henry to approve Resolution No. 630a relating to the amended lease
agreement with Texas Air Center; and to approve Resolution No. 630b
granting a Landlord's Waiver, as referenced above. Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton
and Councilwoman Baker voting Yea; none voting Nay.
80-39A-762-1046 Resolution No. 631
(29)
Consider a contract with Mason, Nickels & Warner, Certified Public
Accountants, for audit of four grants, and authorize same.
It is recommended to contract with the outside auditors, Mason,
Nickels & Warner, CPAs, to audit four grants, the estimated fees for
the auditing services are included in the respective grants, which
are:
1. Library Grants $3,500
2. Community Services Grants 4,000
3. Revenue Sharing Compliance Report 2,500
4. Transit Operational Grants 6,500
The motion was made by Councilman Brown, seconded by Councilwoman
Baker to pass Resolution No. 631 authorizing the referenced contract
for auditing services on the referenced four grants. Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton
and Councilwoman Baker voting Yea; none voting Nay.
kt
763
OCT f/1 18
DGV: cl
RESOLUTION NO. 631
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 Grant Audit
Agreement between MASON, NICKELS & WARNER, Certified Public Accountants and the
CITY OF LUBBOCK, TEXAS, 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 9th day of October '1980.
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
.1sl Robert Massengale
Robert Massengale, Director of Finance
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
STATE OF TEXAS
GRANT AUDIT AGREEMENT
COUNTY OF LUBBOCK
THIS AGREEMENT made and entered into this 9th day of October
1980, between the City of Lubbock, Texas, hereinafter referred to as CITY, and
Mason, Nickels & Warner, Certified Public Accountants, of Lubbock, Texas,
hereinafter referred to as ACCOUNTANT.
WITNESSETH:
WHEREAS, the parties hereto did enter into an agreement on the 28th day of
August, 1975, wherein ACCOUNTANT did agree to perform certain audit examinations
described in said agreement; and
WHEREAS, said agreement did not provide for ACCOUNTANT to perform audit
examinations of any item, account or matter not covered by said aforementioned
agreement; and
WHEREAS, the CITY is in need of ACCOUNTANT'S professional services to
perform certified audits on certain specified Federal and State Grants; and
WHEREAS, the aforementioned work required by CITY is outside the scope of
services to be provided by ACCOUNTANT under this agreement of August 28, 1975;
NOW THEREFORE, the CITY and ACCOUNTANT do hereby mutually agree as follows:
up
SCOPE OF SERVICES
1. The ACCOUNTANT hereby agrees to perform certified audits on the fol-
lowing Federal or State Grant projects operated by CITY:
A. Library Grants under Contract Nos. 101A, 101C, and 102 made by
the Texas State Library for the year ended August 31, 1980, which
audit shall be completed by February 1, 1981.
B. Community Services Administration Grant No. 60160 for the year
ended September 30, 1980, which audit shall be completed by March
31, 1981.
C. Revenue Sharing Compliance Audit under Account No. 44-2152002
for the year ended September 30, 1980, which audit shall be completed
by March 31, 1981.
D. Transit Operational Assistance Grant, including the audit of
American Transit, Inc., and compliance with Section 15 of the
Urban Mass Transportation Administration Regulations under Grant
No. TX-05-4050 for the year ended September 30, 1980, which audit
shall be completed by January 31, 1981.
2. ACCOUNTANT shall commence all audits upon execution of this agreement
764
M��
3. ACCOUNTANT further shall deliver 10 copies of each audit
report to the CITY upon completion of said work and shall review
audit reports and management letters with appropriate CITY officials
before filing them with the grantor agencies.
MR
COMPENSATION
1. The CITY agrees to pay ACCOUNTANT for services rendered
under this agreement according to the following schedule:
Executive
Manager
Supervisor
Senior Accountant
Staff
$65.00 per hour
$40.00 per hour
$35.00 per hour
$28.00 per hour
$21.00 per hour
2. It is further agreed, however, that the maximum cost to
the CITY for audit services rendered shall be as follows:
A. Library Grants $3,500.00
B. Community Service Grant $4,000.00
C. Revenue Sharing Audit $2,500.00
D. Transit Operational Grant $6,500.00 plus out-of-
pocket expenses and under no circumstances shall the hourly charges
heretofore set forth exceed the maximum amount specified herein for
each audit, except in regard to the Transit OperationGrant for
which out-of-pocket expenses will be allowed to the extent that
such expenses were incurred on behalf of the CITY.
METHOD OF PAYMENT
The ACCOUNTANT may submit progress billing at selected interva
based on work performed. The CITY may withhold ten percent of each
such billing until final completion of the work at which time
ACCOUNTANT shall submit a detailed billing to CITY showing the
hours expended by ACCOUNTANT on each audit performed together with
a request for final payment.
IV.
COOPERATION OF CITY
The CITY agrees to make available to ACCOUNTANT at the expense
of the CITY the printing facilities of the CITY for use by ACCOUNTA
in preparing reports contemplated herein. The CITY also will
cooperate with ACCOUNTANT in making its records and personnel
available to ACCOUNTANT for the purpose of his work under this
agreement.
M
GUIDELINES
ACCOUNTANT agrees to conduct the audits which are the subject
of this agreement in accordance with all applicable Federal or
State guidelines or audit procedures.
VI.
TWVMTMATTnNT
This agreement shall terminate upon delivery of the audit
reports as required by Section 1, paragraphs 2 and 3, of this
agreement.
MASON, NICKELS & WARNER:
/S/
PARTNER
ATTEST:
IS/
Secretary
CITY OF LUBBOCK:
/s/Bill McAlister —
BILL McALISTER, MAYOR
ATTEST:
/s/Evelyn GaffRa
Evelyn Gaffga,
City Secretary-Treasurei
APPROVED AS TO CONTENT:
Robert Massengale
Director of Finance
APPROVED AS TO FORM:
765
Consider a resolution to authorize the Mayor to execute the following Release of
Liens:
80-39A-765-1047 Resolution No. 632a
(30a)
Lot 1, Block 5, Holmes Addition; Robert L. Shoemaker and Wife, Owners-.
RESOLUTION NO. 632A
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 Release of Lien in
favor of Robert L. Shoemaker and wife Florence D. Shoemaker for Water and Sewer
Pro-Rata, 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 9th day of
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Charles Northington
Charles Northington, Chief Accountant
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
October
Isl Bill McAlister
BILL McALISTER, MAYOR
KNOW ALL MEN BY THESE PRESENTS:
RIM-111M
WHEREAS, on the 7th day of February, A.D., 1978, Robert L. Shoemaker and
wife Florence D. Shoemaker of the County of Lubbock, State of Texas, did execute,
acknowledge and deliver to the City of Lubbock, Texas a certain contractual
agreement and lien upon and against certain real property and improvements, if
any, thereon for Water and Sewer Pro-rata described as follows, to -wit:
Lot 1, Block 5, Holmes Addition, Lubbock, Lubbock County, Texas.
Which said agreement and lien of record is of record in Volume 168, on page 880,
of the Mechanics Lien Records of Lubbock County, Texas, to which instrument
reference is here made; and
WHEREAS, said debt, lien and obligations secured thereby have been fully I
paid off and satisfied to the said City of Lubbock, Texas, the legal and equitablel
holder and owner of such debt, obligation and lien: I
NOW THEREFORE:
In consideration of the premises, of the payment of such debt and obli-
gations, and other good and valuable cash consideration, the receipt of which is
hereby acknowledged, the City of Lubbock, a Home Rule Municipal Corporation of
Lubbock County, Texas, has this day, and do by these presents, RELEASE, DISCHARGE,
and QUITCLAIM unto the said Robert L. Shoemaker and wife Florence D. Shoemaker
and their heirs (successors) and assigns, the contractual lien heretofore existin-1
upon the above described premises under and by virtue of the above described
instrument, and declare such lien fully released and cancelled. I
EXECUTED this —9th day of October _, 1980
THE CITY OF LUBBOCK, TEXAS
BY: Isl Bill McAlister
ATTEST: Mayor
APPROVED AS TO FORM:
Isl Evelyn Gaffga Zsl J. Worth Fullingim
Evelyn Gaffga, City Secretary- J. Worth Fullingim,
Treasurer Assistant City Attorney
766
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and
for Lubbock County, Texas, on this day personally appeared BILL
McALISTER, MAYOR, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that
he executed the same for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 10th day of
October , 19 80
/s/Olivia R. Solis
Notary Public, Lubbock Count
Texas
My commission expires 12/5/8
*NOTE: Copy of agreement and lien of record is attached to original
resolution. I
80-39A-766-1048 Resolution No. 632b
(30b)
Lot 223, Depauw McLarty Addition; Virgil Craig, Owner.
JWF:bs
RESOLUTION NO. 632B
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authoriz
directed to execute for and on behalf of the City of Lubbock a
Release of Lien in favor of Vergil Craig for Water and Sewer Pro-
Rata, 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 9th day of
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Charles Northington
Charles Northington, Chief Accountant
Isl J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
October
/s/ Bill McAlister
BILL McALISTER, MAYOR
and
&M"
767 \
OCT 0 1980
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
WHEREAS, on the 19th day of June, A.D., 1963, Vergil Craig and not joined
by his wife for the property is not homestead, of the County of Lubbock, State
of Texas, did execute, acknowledge and deliver to the City of Lubbock, Texas a
certain contractual agreement and lien upon and against certain real property
and improvements, if any, thereon for Water and Sewer Pro-rata, described as
follows, to -wit:
Lot 223, Depauw McLarty Addition, Lubbock, Lubbock County, Texas
Which said agreement and lien is of record in Volume 122, on page 519 of the
Mechanics Lien Records of Lubbock County, Texas, to which instrument reference
is here made; and
WHEREAS, said debt, lien and obligations secured thereby have been fully
paid off and satisfied to the said City of Lubbock, Texas, the legal and equitab
holder and owner of such debt, obligation and lien:
NOW THEREFORE:
In consideration of the premises, of the payment of such debt and obli-
gations, and other good and valuable cash consideration, the receipt of which is
hereby acknowledged, the City of Lubbock, a Home Rule Municipal Corporation of
Lubbock County, Texas, has this day, and do by these presents, RELEASE, DISCHARGE
and QUITCLAIM unto the said Vergil Craig and his heirs (successors) and assigns,
the contractual lien heretofore existing upon the above described premises under
and by virtue of the above described instrument, and declare such lien fully
released and cancelled.
EXECUTED this 9th day of
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -
Treasurer
THE STATE OF TEXAS
COUNTY OF LUBBOCK
October , 19 80
THE CITY OF LUBBOCK, TEXAS
BY: Isl Bill McAlister
Mayor
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim,
Assistant City Attorney
APPROVED:
Isl Charles Northington
Charles Northington
Chief Accountant
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock
County, Texas, on this day personally appeared BILL McALISTER, MAYOR, known
to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and con-
sideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 10th day of October
19 80
Isl Olivia R. Solis
Notary Public, Lubbock County, Texas
My commission expires 12/5/81
*NOTE: Copy of agreement and lien is attached to original resolution.
FEE:
0 C, 9 10
80-39A-768-1049 Resolution No. 632c
(30c)
NE 100' of Lot 3, Block 1, Trigg Heights Addition; Lee W. Avery
and Wife, Owners.
JWF:bs
RESOLUTION NO. 632C
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authoriz
and directed to execute for and on behalf of the City of Lubbock a
Release of Lien in favor of Lee W. Avery and wife Bewla Avery for
Water and Sewer Pro-Rata, 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 9th day of
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Charles Northington
Charles Northington, Chief Accountant
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
October
Isl Bill McAlister
BILL McALISTER, MAYOR
KNOW ALL MEN BY THESE P
WHEREAS, on the 10th day of August, A.D., 1967, Lee W. Avery
and wife Bewla Avery of the County of Lubbock, State of Texas, did
execute, acknowledge and deliver to the City of Lubbock, Texas a
certain contractual agreement and lien upon and against certain
real property and improvements, if any, thereon for Water and
Sewer Pro-rata described as follows, to -wit:
NE 100' of Lot 3, Block 1, Trigg Heights Addition, Lubbock,
Lubbock County, Texas.
Which said agreement and lien of record is of record in Volume
138, on page 285, of the Mechanics Lien Records of Lubbock County,
Texas, to which instrument reference is here made; and
WHEREAS, said debt, lien and obligations secured thereby have
been fully paid off and satisfied to the said City of Lubbock,
Texas, the legal and equitable holder and owner of such debt,
obligation and lien:
NOW THEREFORE:
In'consideration of the premises, of the payment of such debt
and obligations, and other good and valuable cash consideration,
the receipt of which is hereby acknowledged, the City of Lubbock,
a Home Rule Municipal Corporation of Lubbock County, Texas, has
rej
769
this day, and do by these presents, RELEASE, DISCHARGE, and QUITCLAIM unto the
said James W. Avery and wife Bewla Avery and their heirs (successors) and assigns,
the contractual lien heretofore existing upon the above described premises under
and by virtue of the above described instrument, and declare such lien fully
released and cancelled.
EXECUTED this 9th day of
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -
Treasurer
THE STATE OF TEXAS
COUNTY OF LUBBOCK
October
, 19 80
THE CITY OF LUBBOCK, TEXAS
BY: Isl Bill McAlister
Mayor
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim,
Assistant City Attorney
Isl Charles Northington
Charles Northington
Chief Accountant
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock
County, Texas, on this day personally appeared BILL McALISTER, MAYOR, known
to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and con-
sideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 10th day of October
19 80
Isl Olivia R. Solis
Notary Public, Lubbock County, Texas
My commission expires 12/5/81
*NOTE: Copy of agreement and lien of record is attached to original resolution.
The referenced property owners have paid the required water and sewer pro ratas,
and have satisfied the liens placed thereon.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to
pass Resolutions 632a, 632b and 632c regarding the above referenced release of
liens. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown
and Aderton and Councilwoman Baker voting Yea; none voting Nay.
80-39A-769-1050 Bid No. 5953 for Holly Plant expansion line materials (Electric Distribution).
(31)
Low Bidder C. B. Anderson Company,
Amarillo, Texas ($479,190.00)
80-39A-769-1051 Ordinance No. 9018
(32)
An appropriation ordinance for materials and equipment for a substation at Holly
Plant to accommodate a 230 KV interconnect with Southwestern Public Service.
(Capital Projects Fund)
At the 8:30 Work Session, Carroll McDonald, Director of Sales and Service for
LP&L, apprised the Council of the above referenced items.
His visual presentation indicated the possible sites available for the installati
of the substation required with the new interconnect line, the preferred location
being on the property adjacent to the existing plant. The other two sites that
are alternatives are located on City -owned property, but construction at these
locations would increase the cost of the substation or would prove inconvenient
operationally. The preferred site (Case No. 1, on file in the Office of the
City Secretary) will necessitate the purchase of this land.
The above reference Bid No. 5953 is for expansion line materials needed for the
new substation; the appropriation ordinance is in the amount of $479,190 to fund
the referenced bid. These materials and equipment will be needed in the construc
FAR
of the substation regardless of which site is selected and approved
by the Council, at some future date.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem
Henry to approve Bid No. 5953 for the purchase of expansion line
materials, and to pass Ordinance No. 9018 on first reading. Motion
carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown
and Aderton and Councilwoman Baker voting Yea; none voting Nay.
(The above bid and appropriation does not include the site for the
new substation, which was discussed at the Work Session.)
ORDINANCE NO. 9018
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is
necessary to appropriate certain specific funds out of Capital Proje:ts
Fund 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: CAPITAL PROJECTS FUND
The sum $479,190.00
For the following purpose;
For materials and equipment for a substation at Holly plant to
accomodate a 230 KV interconnect with Southwestern Public Service
Co.
AND IT IS SO ORDERED
Passed by the Council on first reading this 9th day of October, 1980
Passed by the Council on second reading this day of 980.
ATTEST:
City Secretary -Treasurer
MAYOR
VERIFIED BY:
FINANCE OFFICER Ec.
APPROVED BY:/s/Carroll McDonald, les & Service
HEAD OF DEPT. DE 13 .
80-39A-770-1052 Bid No. 5976 for folding tables and stack chairs (Parks & Recrea
(33) Item 1 Hester's Office Center,
Lubbock, Texas
Items 2,3 Office Markets,
Lubbock, Texas
80-39A-770-1053 Bid No. 5949 for 23 fareboxes and space parts (Transit Dept.).
(34)
This item was DELETED.
771
OCT 0
0 1980
Director of Purchasing Floyd Nesbitt appeared before the Council and indicated
that Bid No. 5953 and 5976 reflect the low bidders and meet the specifications.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem. Henry to
approve Bid No. 5976. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting
Nay.
The Council recessed at 10:10 a.m, to consider Work Session items and Board
Appointments and to hold the announced Executive Session.
The Council reconvened at 1:15 p.m. following the completion of the above
matters, and having had lunch with the candidates and elected officials from
this area, to complete the business at hand.
80-39A-771-1054 Consider one appointment to the LUBBOCK CIVIC CENTERS BOARD. Mr. Roy W. Roberts
(35) has resigned due to a busy schedule; his term expires 7/27/81.
Curtis Gipson 2412 East 9th 762-4237 (Res)
Principal, Estacado High School 763-7021 (Bus)
The motion was made by Councilwoman Baker, seconded by Councilman Brown to
approve the above appointment. 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 Councilmen Brown,
seconded by Mayor Pro Tem Henry to adjourn at 1:20 p.m. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman
Baker voting Yea; none voting Nay.
:BII,t'�TEALISTE�R, MAYOR
ATTEST:
Evelyn Gaff gao,' City 2Ka-f/ey-Treasurer
V '
READ AND APPROVED ON THIS 23RD DAY OF OCTOBER, 1980.
ATTEST:
Evelyn Gaffga,City Secretary easurer
-
M
om Ye
1ER, MAYOR