HomeMy WebLinkAboutMinutes - City Council - Regular - 12/11/1980845
77
'!80-39A-845-1197
( 1)
80-39A-845-1198
( 2)
80-39A-845-1199
( 3)
80-39A-845-1200
( 4)
80-39A-845-1201
( 5)
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
December 11, 1980
9:30 A.M.
At 8:35 a.m. during Work Session, Mayor McAlister announced that an Executive
Session would be held for the purposes of considering pending litigation, personnel matters
and land acquisition; this session will be in accordance with Section 2-F, Art. 6252-17,
V.A.T.S.
The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday,
December 11, 1980, 9:30 a.m. in the City Council Chambers, Second Floor, City Hall.
Those present:
Mayor Bill McAlister, Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, Councilman M. J.
Aderton, Councilwoman Joan Baker, City Manager Larry Cunningham, City Attorney John C.
Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga.
Absent: None.
The invocation was given by Jim Weston, Director of Community Facilities.
The Pledge of Allegiance to the Flag was given in unison by those present in the Council
Chambers.
Approval of Minutes - Regular Meeting, November 13, 1980
Regular Meeting, November 20, 1980
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve the
above referenced minutes. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
Citizen Appearances
Board Appointments
Keith McKeever
James V. Pipkin
Edward Breihan
David Hester
Ordinance No. 8107
Urban Renewal Agency Board
Urban Renewal Agency Board
Electric Utilities Board
Planning and Zoning Commission
An ordinance concerning the regulation of servants' quarters, garages and single family
dwellings being converted into apartments, and all2HIRE for voluntary implications for non-
conforming uses, as revised.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Ordinance
No. 8107 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.
SMT:bs ORDINANCE NO.8107
AN ORDINANCE REGULATING THE CONVERSION OF SERVANTS' QUARTERS, GARAGES AND SINGLE
FAMILY DWELLINGS; PROVIDING FOR APPLICATION FOR SUCH NON -CONFORMING USES; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
E.M.
80-39A-846-1202 Ordinance No. 8106
( 6)
80-39A-846-1203
( 7)
80-39A-846-1204
( 8)
An ordinance adopting the Uniform Plumbing Code, 1979 Edition, as revised.
On the first reading at the November 20, 1980 Council Meeting, the ordinance
was amended in a number of areas, pursuant to the recommendations of the
Plumbing Board and concurred by Board Chairman Ken Wood. However, one
provision in the original ordinance that was neither discussed nor acted
upon by the Council is regarding paving cut repairs, and it is therefore
omitted from the above referenced ordinance. This matter will be considered
at the December 18 meeting and incorporated in that segment of the Code
that speaks to all paving cut repair costs.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry
to pass Ordinance No. 8106, as revised, pursuant to the November 20, 1980
Council action. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting
Nay.
JCR:bs ORDINANCE NO. 8106
AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK, TEXAS, ENTITLED "PLUMBING CODE", BY REPEALING THE PRESENT CHAPTER
24 AND IN ITS STEAD ADOPTING THE 1979 EDITION OF THE UNIFORM PLUMBING CODE
AS AMENDED; PROVIDING FOR A PENALTY AS SET FORTH IN SEC. 1-5 OF THIS CODE;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Ordinance No. 8108
An ordinance amending Ordinance No. 9016 establishing prima facie speed
limits on Avenue H and Municipal Drive designating 35 MPH speed zone on
both sides of Avenue H beginning at 4th Street and extending North to lst
Place.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry
to pass Ordinance No. 8108 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.
SMT:pc
ORDINANCE NO. 8108
AN ORDINANCE AMENDING ORDINANCE NO. 9016 ESTABLISHING THE PRIMA FACIE
SPEED LIMITS ON CERTAIN PORTIONS OF AVENUE H AND MUNICIPAL DRIVE, AS HEREINAFTF
MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT
OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE
EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR
HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Ordinance No. 8101
An ordinance granting the franchise to Santa Fe Railroad Co. and Magnolia
Seed Co. for the construction of an industrial track in Crawford Industrial
Addition.
(The above ordinance has been published verbatim in the Lubbock Avalanche -
Journal on November 24, December 1, and December 8, 1980, pursuant to
Charter provisions.)
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry
to pass Ordinance No. 8101 on third and final reading. Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and
Councilwoman Baker voting Yea; none voting Nay.
JWF:bs ORDINANCE NO. 8101
AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY AND MAGNOLIA SEED COMPANY OF LUBBOCK, THE RIGHT, POWER AND PRIVILEGE
OF LOCATING, BUILDING, ERECTING, CONSTRUCTING, AND PROPERLY MAINTAINING A
SPUR TRACK, AND TO OPERATE ENGINES, CARS AND TRAINS THEREON, UPON, OVER AND
ACROSS MAGNOLIA STREET IN THE CITY OF LUBBOCK, TEXAS, AT A DESIGNATED
LOCATION, HEREINAFTER DESCRIBED; PROVIDING FOR MAINTENANCE OF STREET AND
CHANGE OF GRADE; PROVIDING FOR THE TERM OF THIS FRANCHISE AND REVOCATION
AND CANCELLATION HEREOF; PROVIDING FOR AMOUNT OF CONSIDERATION FOR THIS
FRANCHISE; PROVIDING FOR RELOCATION OF UTILITIES AND REPAIR TO DAMAGED CITY
AND UTILITY FACILITIES; PROHIBITING ASSIGNMENT HEREOF WITHOUT PERMISSION OF
THE CITY; PROVIDING FOR COVENANTS TO BE BINDING; PROVIDING FOR LIMITATIONS
MM
r_7
80-39A-847-1205 Ordinance No. 8116
(20)
An ordinance correcting the legal description included in annexation Ordinance No. 7991.
The above ordinance amends Ordinance No. 7991, said annexation being the northeast
corner of the Idalou Highway. The Tax Department, in preparation of their tax files,
determined that the metes and bounds description was in error and could subsequently
cause some confusion if not corrected at this time. This action is primarily a housekeeping
matter.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance
No. 8116 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
WMM/pg ORDINANCE NO. 8116
AN ORDINANCE CORRECTING A PART OF THE LEGAL DESCRIPTION INCLUDED IN
ORDINANCE NO. 7991 ENTITLED "AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK,
WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF
THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR CORRECTION OF CITY MAP TO INCLUDE THIS ADDITIONAL
TERRITORY; PROVIDING A SAVINGS CLAUSE."
80-39A-847-1206 Resolution No. 667
(21)
A resolution authorizing the Mayor to execute a Policy for a Minority Business Enterprise
Program for all Department of Transportation grantees.
At the 8:30 Work Session, the Council was apprised that this request is pursuant to new
guidelines from the Department of Transportation with respect to grantees of monies from
this department. The City has been requested to recertify their policy regarding Minority
Business Enterprise (MBE) Program. These requirements primarily affect the Airport and
Transit Departments. Other changes in the program include the separation of goals between
minority -owned businesses (MBE) and women -owned businesses (WBE), which primarily affect
subcontractors. In light of the expanded scope of the program, it is recommended that
the Assistant City Manager serve as the MBE Liaison Officer.
At the Regular Meeting, with the above information in hand, the motion was made by Councilman
Aderton, seconded by Mayor Pro Tem Henry to pass Resolution No. 667 authorizing the
recertification of the policy for the MBE Program as required by the Department of Transportat
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and
Councilwoman Baker voting Yea; none voting Nay.
DGV:bs RESOLUTION NO. 667
WHEREAS, the City Council of the City of Lubbock deems it to be in the public interest
to adopt a policy ensuring that members of the minority business community and females
will have equal opportunity to compete for City of Lubbock contracts for construction,
professional services, purchases of equipment and supplies and all other services required
by the City, and
WHEREAS, the City Council of the City of Lubbock deems it to be in the public interest
for contractors providing services, materials or supplies to the City of Lubbock to
provide employment opportunities to minorities and females equal to those opportunities
provided other groups or individuals, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby adopts as its policy the Policy
Statement found upon pages 1 through 3 of the Minority Business Enterprise Program attached
hereto, and
THAT the Mayor of the City of Lubbock BE and is hereby authorized to execute for and
on behalf of the City of Lubbock said Policy Statement and any amendments thereto, and
THAT the City Manager of the City of Lubbock or his designee shall be the Minority
Business Enterprise Liaison Officer for the City of Lubbock and shall have authority to
implement this policy.
Passed by City Council this llth day of December , 1980.
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Bill McAlister
BILL McALISTER, MAYOR
Isl Jim,C. Blame_
Jim Blagg, Assistant City Manager
APPROVED AS TO FORM:
Isl Donald G. Vandiver
eppro riation Ordinance 8141 relates
to Resolution No. 668 (12/11/80).
80-39A-848-1207 Resolution No. 668 2/12/81
(22)
A resolution authorizing a formal offer for a tract of land out of Section 6,
Block D-3, and condemnation proceedings, if necessary.
The referenced tract consists of 157 acres located adjacent to the northeast
corner of the Airport; it is necessary to acquire this tract for the construc
of the water storage reservoir. The appraisal was made by W. M. Noble and
recommends the offer of $1,250 per acre for a total of $196,625.
In response to Council query, Director of Water Utilities Sam Wahl indicated
there was a 2.5-acre tract in the northeast corner on which there exists a
permanent residence; it is not included in the above referenced appraisal.
Additionally, Mr. Wahl indicated that the owner/tenant occupant has not been
contacted regarding their interest in selling this tract.
The one question discussed was whether or not the purchase of this 2.5-acre
tract should be considered, or, should the location of the water storage resery
be relocated sufficiently to bypass this 2.5-acre, the reason being that there
presently exists one reservoir on one side of the resident structure and with
the construction of the new reservoir, the residents would be surrounded (front
and back) by a water storage reservoir.
Councilwoman Baker queried as to the appraisal process in the determination of
this recommended figure for the reason that the tract of land nearest this site
sold for $650 an acre and the stated appraisal of $1,250 per acre seemed excess
she also queried the advisability of securing another appraisal, her opinion
being that we are paying too much per acre for this tract. City Manager Cunnit
responded that the appraisal policy is to secure only one appraisal unless
required by federal regulations; subsequent to the appraisal report, the right-
of-way agent reviews the appraisal report and makes on -site inspection.
The present owner is Bobby Boyd Rawdon.
The motion was made by Mayor Pro Tem. Henry, seconded by Councilman Aderton to
pass Resolution No. 668 authorizing the formal offer of $196,625 (157-acre
tract) to Bobby Boyd Rawdon, and in the alternative, authorize condemnation
proceedings, if necessary. Motion carried: Mayor McAlister, Mayor Pro Tem.
Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
JWF:bs RESOLUTION NO. 668
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located
in Lubbock County, Texas, has determined and does hereby determine the
public needs, and welfare demands and creates a public necessity for the
operation, improvement, expansion, extension, construction, reconstruction,
repair and maintenance of a ground water storage reservoir for the water
system of said City and necessary apparatus and appliances in connection
therewith necessary to the proper operation of the public water utility
system owned and operated by the City of Lubbock, Texas, which requires the
acquisition of fee simple title in said City to land hereinafter described
to accomplish such public municipal purposes; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT fee simple title in the City of Lubbock, Texas to
the hereinafter described real estate located in the City of Lubbock, Lubbock
County, Texas, be acquired for public purposes and municipal purposes as set
forth in the preamble hereof, to -wit:
Field notes on a 157.30 acre tract of land out of the Southwest 1/4 of
Section 6, Block D-3, Lubbock County, Texas and being more particularly
described as follows:
Beginning at a 3/8" iron rod found in the centerline of a North -South
county road and an East-West county road, for the Southwest corner of
Section 6, Block D-3, and the Southwest and beginning corner of this
tract;
THENCE North 0001'00" West, along the centerline of said North -South
county road, a distance of 2189.95 feet to a 3/8" iron rod set for a
corner of this tract;
THENCE North 89°59'31" East at 25.00 feet pass a 3/8" iron rod, contin
for a total distance of 280.0 feet to a 3/8" iron rod set for a corner
of this tract;
THENCE North 0001'00" West, a distance of 453.8 feet to a 3/8" iron rod
set for a corner of this tract;
Sir
ve;
lemmM
THENCE North 89'5931" East, a distance of 2359.5 feet to a 3/8" iron rod set for
the Northeast corner of the Southwest 1/4 of said Section 6, and the Northeast
corner of this tract;
THENCE South 0'01'39" East at 2619.12 feet pass a 3/8" iron rod, continuing for a
total distance of 2644.12 feet to a 3/8" iron rod, found in the centerline of an
East-West county road, for the Southeast corner of the Southwest 1/4 and the Southeast
corner of this tract;
THENCE West, along said East-West county road, a distance of 2640.0 feet to the
place of beginning.
Containing 157.30 acres.
SECTION 2. THAT the owners of said land including Bobbie Boyd Rawdon and husband,
Don Rawdon, also known as Donald M. Rawdon, being one and the same person, BE offered
through the Right -of -Way Department of the City of Lubbock the amount of $196,625.00,
which is the amount appraised as the value and total damages for the acquisition of fee
simple title to said land in said City as hereinabove described for the purposes herein
stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas,
and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized
and instructed to institute condemnation (eminent domain) proceedings to acquire the fee
simple title to said land as hereinabove described for public purposes and municipal
purposes.
Passed by the City Council this llth day of
ATTEST:
December , 1980.
Isl Bill McAlister
BILL McALISTER, MAYOR
sl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
80-39A-849-1208 Ordinance No. 8117
(23)
An ordinance to abandon and close a portion of a utility easement located
between 4th and 5th Street at Avenue K.
This ordinance refers to the abandoning and closing 19 feet of utility easement
adjacent to the west side of Avenue K from 4th Street to 5th Street; the Post Office is
going to build their new facility at this location and the additional land will be utilized
for landscaping purposes.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Ordinance
No. 8117 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
JWF/pg
ORDINANCE NO. 8117
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A UTILITY EASEMENT LOCATED IN THE
VICINITY OF AVENUE K AND 4TH AND 5TH STREETS AND MORE PARTICULARLY DESCRIBED HEREINAFTER
IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO
REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION.
850
Opp 0
80-39A-850-1209
(24)
ro
0
Z
0
0
� 0
0 �
Z
0 r__q
'H ":J 00
0 a)
ca
a)
Resolution No. 669
A resolution authorizing the Mayor to execute a grant contract for Home
Energy Assistance Program with the Texas Department of Human Resources.
At the 8:30 Work Session, City Manager Larry Cunningham apprised the Council
that he had received a call from the regional office of the Community Services
Administration (CSA) the week of November 24, stating that it had been called
to their attention that the Community Services Department in the City of
Lubbock was to be closed December 1, and CSA was interested in working with
the City for the continuation of this program; that the CSA was agreeable to
the stipulations as submitted by the City Council (see Resolution No. 638,
10/23/80), one stipulation being that the Human Relations Coordinator serve
as the Grievance Officer for matters in the Community Services area and that
complaints on appeal could be submitted to the Human Relations Commission, or
through Ad Hoc Appeal Committee.
In other words, the City won over the Feds!!!
The Home Energy Assistance Program (HEAP) assists the elderly and handicapped
households with their utility expenses and is administered through the Texas
Department of Human Resources through our local Community Services Department;
the contractual arrangement with TDHR is that for each application process
for utility assistance, the City is reimbursed $10 per application; the
Community Services Department will have access to the TDHR computer files
verifying client eligibility, and it is estimated that 3,175 households will
be assisted.
The motion was made by Councilman Aderton, seconded by Councilman Brown to
pass Resolution No. 669 authorizing the contract for HEAP with the TDHR.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and
Aderton and Councilwoman Baker voting Yea; none voting Nay.
SMH:pc
RESOLUTION NO. 669
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a contract for
Home Energy Assistance Program between Texas DEpartment of Human Resources
and the City of Lubbock, attached herewith which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this llth day of
ATTEST:
December
Isl Bill McAlister
BILL McAlister, Mayor
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Denzel Percifull
Denzel Percifull, Director of Public Services
APPROVED AS TO FORM:
Isl Susan M. Horton
Susan M. Horton, Assistant City Attorney
qu.;#
851
DEC 1" WO
CONTRACT
FOR
HOME ENERGY ASSISTANCE PROGRAM
BETWEEN
TEXAS DEPARTMENT OF HUMAN RESOURCES
AND
CITY OF LUBBOCK
CONTRACT #AO06
I
PARTIES
The Texas Department of Human Resources, hereinafter called the Department, and City of Lubbo
hereinafter called the Contractor, hereby make and enter into this contract for the mutual
consideration set forth herein.
II
CONTRACTOR PERFORMANCE
A. The Contractor agrees to administer heating benefits for a portion of the Home
Energy Assistance Program, hereinafter called -.the Program, in accordance with the terms of
this Contract, and the Federal regulations promulated in 45 CFR Part 260 by the United
States Department of Health and Human Services, and with the revisions thereto. Specifically,
the Contractor agrees to administer the public information, eligibility determination, and
referral functions of the Program, as prescribed by the Department, in accordance with 45
CFR Part 260, and the Home Energy Assistance Program Operational Handbook.
B. The Contractor shall provide services under this contract in the following geographi
areas:
Lubbock County, Texas.
C. PUBLIC INFORMATION. The Contractor shall make efforts to inform individuals who
are potentially eligible for services under this Contract of the benefits available under
the terms of the Program and of the method and locations for application for those benefits.
Highest priority shall be given to informing the elderly, the ill and bedridden, the handicap]
and young children. Secondary priority shall be given to those for whom access to assistance
programs is made difficult by remote location of residence, frequent change of residence,
limited English speaking proficiencies or communications handicaps, or general lack of
knowledge about community service programs. Public information efforts should be designed
to reach lowest income.households, especially those which are most seriously threatened
by the increased cost of energy for residential purposes.
D. REFERRAL. The Contractor agrees to refer Department -designated recipients to
existing weatherization and energy conservation programs. The Contractor will collect
and report data on the number of recipients who are referred to weatherization and energy
conservation programs.
E. ELIGIBILITY DETERMINATION. The Contractor agrees to provide applicant households
with application forms specified by the Department. The Contractor agrees to maintain a
location within each county to accept applications. The Contractor shall assist in the
completion of the application forms when applicants are unable to complete them without
assistance. The Contractor agrees to accept applications from January 5, 1981 through
February 28, 1981, five days per weeks, during normal working hours. The Contractor shall
determine eligibility status of applicant households based on application data, income and
personal identification documentation, and policies provided by the Department to the
Contractor. The Contractor shall be responsible for determining payment level to eligible
households based on application data, income documentation, and Department policy supplied
to the Contractor by the Department. The Contractor shall notify applicants of eligibility
status and payment level in writing within thirty days of receipt of a signed identifiable
application. Written notification of denial must include specific reasons for denial of
application. The Contractor agrees to transmit to the Department the products of the eligibil
determinations on a Department -designated schedule. The Contractor shall provide informal
administrative reviews for applicants requesting review of the Contractor's decision. Such
administrative reviews must be held at a time and location accessible to the applicant within,,
five days -of receipt of the request for an administrative review. The Contractor agrees
to refer all requests for appeal of the review decision to the Department on a timely basis
but no later than April 1, 1981.
F. RECORDS AND REPORTS. The Contractor agrees to supply the Department with periodic
reports as required by the Department. The Contractor agrees to maintain and retain records
adequate to disclose the extent of the service provided under this Contract for a period of tl
years after final audit questions are resolved. The Contractor agrees to allow the Departmeni
and the United States Department of Health and Human Services reasonable access to such
records for the purpose of auditing, copying, investigating, or evaluating such records.
ty
MW
III
FINANCIAL OBLIGATIONS
A. ADMINISTRATIVE PAYMENTS. The Department agrees to pay the Contractor
the sum of $10.00 for each completed eligibility determination. The maximum
the Department agrees to pay under this contract is $42,330, provided however,
that in no event shall the amount paid to the Contractor be less than thirty
percent (30%) of the maximum for correct elgibility determination for each coui
under this contract.
B. BENEFIT PAYMENTS. The Department shall be responsible for making
benefit payments.
C. CONTRACTOR LIABILITY. The Contractor agrees to repay -the Department
for any overpayments to the recipient determined to have been made as a
result of errors by the Contractor. The Contractor agrees to return to the
Department any unearned administered payments. The Contractor agrees to
submit a voucher requesting administrative payments reflecting the number
of data entry forms submitted. All claims for services must be billed within
ninety days fo the accrual of the claim, or the Department may at its sole opt
discretion withhold payment for such claims otherwise due the Contractor hereu
D. PAYMENT RECONCILIATION. The Department may delay final payment(s) in
order to reconcile payment vouchers with Department records.
IV
GENERAL PROVISIONS
A. CONFIDENTIALITY. The Contractor agrees not to release the identity
of applicants for or recipients of benefits under this Contract except in
accordance with applicable Federal and State laws (e.g., 45 CFR Part 205.50).
B. SUBCONTRACTS. The Contractor agrees that it shall not subcontract
any portion of this Contract without the prior written approval of the
Department.
C. CIVIL RIGHTS. The Contractor agrees not to discriminate against
any employee or applicant for employment, or against any applicant for or
recipient of service because of race, national origin, color, sex, age,
handicap, religion, or political beliefs.
D. TERMINATION. The Department, with 30 days prior written notice, may
terminate this contract, in whole or in part, when it is in the best interest
of the State. The Department shall be liable only for payment in accordance
with the payment provisions of this Contract for services rendered prior to
the effective date of termination. Either party hereto with 30 days prior
written notice, may terminate this Contract should the terms and conditions
of this Contract not be fully complied with. However, the Department may ter
this contract immediately for non-compliance with applicable Federal Laws.
Any termination of this Contract shall be in accordance with applicable State
and Federal Laws and Regulations.
E. CHANGES. The Department may at any time, by a written order, make
changes, within the general scope of this Contract,,provided; however, that
in no event shall paragraphs III(A), III(B), III(C), IV(D), IV(E), or V herein
be altered or amended in any way or any provisions added hereto which impose
additional requirements, restrictions, or responsibilities upon the
Contractor; without prior written consent of the Contractor.
F. DISPUTE AND APPEALS. Except as otherwise provided in this Contract,
any dispute concerning a question of fact arising under this Contract which
is not disposed of by agreement shall be decided by the Department, the decisi(
reduced to writing and a copy furnished to the Contractor. The Contractor
has a right to appeal the decision in accordance wtih TDHR Section 1700 of the
Fair Hearings, Fraud, and Civil Rights Handbook.
G. NOT EMPLOYEES OF THE STATE. The parties hereto agree that the
Contractor is an independent contractor and Contractor and its employees in
the performance of the duties of this Contract, are not and shall not act as
officers or employees of the State.
H. NOTICE. Any notice required herein, shall be deemed sufficient if
sent by certified mail -return receipt requested if sent to Nathan C. Martin,
Regional Administrator, P.O. Box 10528, Lubbock, Texas 79408, for Department
or to Denzel Percifull, Director of Public Services,P.O. Box 2000, Lubbock,
Texas 79457.
and
r.
to
•
853
V .
18WRaffel
The following instrument is attached hereto and incorporated herein:
A. Plan of Operation
The parties hereto, in their capacities as stated below, hereby sign this Contract to
be effective December 15, 1980,'to continue through May 30, 1981, subject to the availability
of appropriated funds.
TEXAS DEPARTMENT OF HUMAN RESOURCES
Commissioner
Vendor ID# 17515254880000
HOME ENERGY ASSISTANCE PROGRAM
PLAN OF OPERATION
General
Attachment A
The,;City of Lubbock's Community Services Department has in place mechanisms for the
administration of utility assistance programs. Our Department has handled programs of
a similar nature over the last 4 years, totalling $585,000.
Publication of the Program
Publication of the availability of these funds will be carried out through:,
1. Ouriewsletter which is to mailed to all past recipients as well as people
who inquire about our utility assistance program. The mailing list
currently includes over 800 families.
2. Notification of interested groups. Our department works closely with the
City of Lubbock's Senior Citizens program (another City agency) as an example.
Other agencies who will be notified will be Catholic Welfare, Salvation
Army, Neighborhood House, United Way, Interagency Action Council, Vista,
MHMR, and Social Security Office.
3. Notices will be posted in County court houses or community centers.
4. Funds requested from Community Services Administration will be used as outlined
below to provide for necessary publicity:
Salary and fringe benefits for energy crisis intervention program coordinator.
($12,757)
This individual will be responsible for coordinating the Department's efforts
at publication of the availability 66 these funds. Individual will work
closely with the agencies such as Vista, Lubbock Interagency Action Council and
Senior Citizens Program.
Travel, office supplies and advertising funds to support work of the ECIP Coordina
($1,323)
Applications will be available at our offices located at 2407 lst Street, 807 Texas Avenue
and 1532 East 19th Street.
Eligibility Determination
These -applications will be available from January 5, 1981 through February 28, 1981 from
8 to 5, five days a week. We will have nine personnel trained in application processing,
six of whom are outreach workers who will be doing the actual processing. We have two
of these outreach workers at each of the three offices mentioned above. Supervisors in
these offices will serve as relief for the outreach workers. Our outreach workers are
skilled in assisting applicants with forms. We have at least one Spanish-speaking outreach
worker in each office. We Also do home visits when required as a matter of regular operating
procedure. Eligibility determination shall be accomplished within thirty days and written
notification of eligibility or denial furnished within that thirty day period.
Right to Formal Hearing
Applicants who are denied shall be informed in the written correspondence mentioned above
of their right to informal or formal review of the Department's action. Informal review
will be accomplished by referral to the supervisor of the office where the application is
denied. When a supervisor makes an initial denial it will then be turned over to the
Director for the informal review. If this level of review fails to satisfy the client
after he has been notified of their decision, TDHR will be notified in writing of the
necessity for a formal hearing to be conducted by TDHR Appeals Officer.
ME
Confidentiality
Records confidentiality is strictly adhered to by this Department. All
records are kept in secure file cabinets in locked offices. Staff members
are instructed in the necessity for confidentiality of records and inter-
views they have access to.
Referrals
Those department -designated recipients identified as requiring referral shall
referred to the Community Services Weatherization Program. The ECIP
Coordinator shall be responsible for carrying out these referrals.
Training
Training of nine persons by a member of the TDHR staff is scheduled for:
Peter Nuckolls, Community Services Director (Acting)
Edwina Westbrook, Outreach Worker I
Jessie McGruder, Outreach Worker II
Elida Padilla, Outreach Worker I
and
Madeline Amalla, Supervisor
Pam Messick, Supervisor
Lucy Mercado, Outreach Worker I
Diane Chapa, Outreach Worker II
Mary L. Villarreal, Outreach Worker II
Mary Moreno, Outreach Worker I
Rick Scheffel, Supervisor
Training materials will be provided by TDHR and will be held in the Community
Services Department office at 807 Texas Avenue.
Staffing/Operating Expenses
Personnel costs and operating expenses prior to payments by TDHR will be borne'
by the Community Services Department through its funding for departmental
operation from Community Services Administration.
City of Lubbock
Community Services Department
Isl Peter Nuckolls
Peter Nuckolls
Executive Director (Acting)
December 9, 1980
Mayor Bill McAlister
ATTEST:
Isl Evelyn Gaffga December 11, 1980
EVELYN GAFFGA Date
City Secretary -Treasurer
Isl Susan M. Horton
Susan M. Horton
Assistant City Attorney
80-39A-854-1210 Resolution No. 670
( 25 )
A resolution authorizing the Mayor to execute a grant agreement with the
South Plains Association of Governments.
This contract is the renewal of funding with SPAG for the continuation of
the Weatherization Program to be administered by the Community Services
Department; the grant is in the amount of $2,382, to be used extensively
for weatherization of homes belonging to persons over 60 years of age;
approximately ten homes are projected to be serviced; the contract runs
from November 1, 1980 thru June 30, 1981.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to
pass Resolution No. 670 authorizing the contract with SPAG for the Weatherizat:
Program. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
)n
•
855
r-7
j
DGV:bs
RESOLUTION NO. 670
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract for weatherization of residences
belonging to the elderly between the City of Lubbock and South Plains Association of
Governments, 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 _11th -day of
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
December
Isl Bill McAlister
BILL McALISTER, MAYOR
Isl Peter Nuckolls
Peter Nuckolls, Acting Community Services
Supervisor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
*NOTE: Contract is attached and filed with original resolution.
80-39A-855-1211 Resolution No. 671
(26)
MOM
A resolution accepting water and sewer improvements in Kingsgate Addition, Lots 1-268.
This is a routine acceptance for water and sewer improvements in the Kingsgate Addition.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to accept the
referenced improvements, stated above. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
RESOLUTION NO. 671
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THROUGH 268,
KING'S GATE ADDITION.
WHEREAS, the developer of Lots 1 through 268, King's Gate Addition have complied
with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the
water and sewer improvements for said addition in accordance with paragraph 61 of said
Chapter 34, and
WHEREAS, the total utility cost of the developer is $335,568.36 with the
improvements constructed by Panhandle Construction Co. having a value of $313,001.91 as
determined by the unit prices established by said Chapter 34, and $22,566.45 cash paid
to the City, with King's Gate Development, the developer, to receive a refund of $81,973.07
in accordance with Chapter 34 of the Code of the City of Lubbock.
WHEREAS, the construction of the said water and sewer improvements was performed under
the supervision of the City Engineer and completed in accordance with the City of Lubbock's
plans and specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK.::
1. That the improvements be and the same are hereby accepted as an integral
part of the water and sewer system of the City of Lubbock.
2. That the refundable cost in the amount of $81,973.07 be made in accordance
with said Chapter 34.
E.*M*
80-39A-856-1212
(27)
F�
00
3. This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 11TH DAY OF DECEMBER , 1980.
Isl Bill McAlister
Bill McAlister, Mayor
ATTEST:
.1sl Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
/s/Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
FTIT i WORM] Rv-�# 0 �11 y
Isl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
Resolution No. 672
Consider engineering contract for Step III (construction phase) of grant
.project #C-1252 for two digesters, and authorize same.
Director of Water Utilities Sam Wahl apprised the Council that the design
phase of Step III for the contruction of the referenced digesters at the
Southeast Water Reclamation Plant has been completed, and the above referenced
contract is for the construction phase of the project which includes not
only the construction, but the construction inspection and construction
engineering cost. The proposed contract as submitted by Parkhill, Smith
and Cooper, Inc. includes the above referenced items as well as the preparatioi
of the operation manual and start-up services; the estimated cost is
$152,156.00; the fixed fee is $53,669.00, the balance of $98,487.00 is the
estimated cost of resident inspection, surveying, testing, and preparation
of final plans as well as the preparation of the operation and maintenance
manual providing start-up services, as required by EPA. Mr. Clarence
Schurer of Amarillo is the NBE subcontractor for the operation/maintenance
manual for start-up services.
The motion was made by Councilman Brown, seconded by Councilman Aderton to
pass Resolution No. 672 authorizing the above referenced contract with
Parkhill, Smith and Cooper. Motion carried: Mayor McAlister, Mayor Pro
Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea;
none voting Nay.
JWF:cl
RESOLUTION NO. 672
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed
to execute for and on behalf of said City a Engineering Service Agreement
to be entered into by and between said City and the Engineering Consulting
firm of Parkhill, Smith & Cooper, Inc., for engineering services to be
furnished by said firm to said City in connection with the Bidding and
F.*M
OL'c 1 1
Construction Phase (Step III) for two digesters at the Southeast Lubbock Water Reclamation
Plant, attached herewith which shall be spread upon the Minutes of the Council and as
spread upon the minutes of the Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this llth day of December
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
0�4' 9 �11 �9 �8000
Isl Wilford D. Watson
Willie Watson, Chief Water Utilities Engineer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
*NOTE: Agreement is attached and filed with original resolution.
80-39A-857-1213 Ordinance No. 8118
( 28 )
I
An appropriation ordinance from the Capital Projects Fund for the cost of
service rate study authorized September 11, 1980 _(Reso. #605, Economic and Engineering
Services, Inc.).
The above referenced contract was approved on September 11, 1980 by the Council (see
Resolution No. 605) with Economic and Engineering Services, Inc. for a cost of service
study, in accordance with PURPA regulations. A grant from DOE was received in the amount
of $8,000, which will pay 40% of the total cost; the referenced appropriation ordinance
is in the amount of $12,000.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance
No. 8118 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Council
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
ORDINANCE NO. 8118
APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds out of Capital Projects 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 bond fund, to -wit:
The sum $12,000.00
For the following purpose: To provide funds for a cost of service study, for the electric
department to conform to PURPA.
AND IT IS SO ORDERED
Passed by the Council on first reading this llth day of December, 1980.
Passed by the Council on second reading this day of , 1980.
MAYOR
ATTEST:
City Secretaty-Treasurer VERIFIED BY: Isl J. Robert Massengale
FINANCE OFFICER
Director of
APPROVED BY:/sZCarroll McDonald Utilities
HEAD OF DEPT. DEPT.
858
�
" L
80-39A-858-1214
(29)
Ln
Leo
01-1
�2
00
Cn
t__ 0
CD
2 - 00
F-
_j W
0 E
(n M
LU
W
Resolution No. 673
A resolution authorizing the Mayor to execute a land lease agreement with Chris
Tapp and Murrell for construction of a.hangar at Lubbock International
Airport.
At the 8:30 Work Session, City Attorney John Ross made a presentation including
diagrams and pictures regarding the allegations made by Wes -Tex Aviation
about the proposed construction being in violation of their existing lease
agreement in obstructing the line -of -site. Following an extensive presentation,
Mr. Ross' summation was to the effect that attached to the Wes -Tex Aviation
lease agreement is an exhibit whereby a fixed -base operation would be permitted
in the area reserved by the City to allow for such an operation (the Wes -Tex
Aviation lease was executed in 1976); that there is extensive aircraft parking
on the apron in front of the Wes -Tex Aviation operation, and that parking
area only obliterates the line -of -site for the taxiing area is on the far
site of the parking apron; and the lease with Christmann, Tapp and Murrell
will in no way affect the profits or operation of the Wes -Tex Aviation.
By CONSENSUS, the Council agreed that there would be no further testimony by
either the proponent or opponent at the Regular Session.
Upon the recommendation of the City Attorney as presented in the 8:30 Work
Session, the motion was made by Mayor Pro Tem Henry, seconded by Councilwoman
Baker to pass Resolution No. 673 authorizing the land lease agreement with
Christmann, Tapp and Murrell. Motion carried: Mayor McAlister, Mayor Pro
Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea;
none voting Nay.
AA:bs
RESOLUTION NO. 673
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 Fixed Base
Operator Agreement between Christmann, Tapp and Murrell 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 11TH day of.
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Marving Coffee _
Marvin Coffee, Director of Aviation
Isl Angela Adams
Angela Adams, Asst. City Attorney
December
/s/ Bill McAlister
BILL McALISTER, MAYOR
E
DEC
M*
FIXED BASE OPERATOR AGREEMENT
THIS LEASE AGREEMENT made this llth day of December , 1980, between the
City of Lubbock, acting by and through its duly authorized city representative (hereinafter
referred to as "Lessor") and JOHN J. CHRISTMANN, JR., RAYMOND S. TAPP, AND GENE MURRELL, a
general partnership, d/b/a CTM Hangars, under the laws of the State of Texas, with its
principal office at Lubbock, Texas (hereinafter referred to as the "Lessee").
WITNESSETH
WHEREAS, Lessor owns and operates the Lubbock International Airport, located in
Lubbock County, Texas (hereinafter called the "Airport"), and
WHEREAS, Lessor deems it advantageous to itself and to its operation of the Airport
to lease unto Lessee the parcel of land described herein, together with certain privileges,
rights, uses and interests therein, as hereinafter set out, and,
WHEREAS, Lessee proposes to lease on a net basis from Lessor certain ground area and
to avail itself of certain privileges, rights and uses pertaining thereto, and,
WHEREAS, Lessee has indicated a willingness and ability to properly keep, maintain,
and improve said ground in accordance with reasonable standards established by Lessor,
NOW THEREFORE,
ARTICLE I
PREMISES AND PRIVILEGES
For and in consideration of the terms, conditions and covenants of this lease to be
performed by Lessee, all of which Lessee accepts, Lessor does hereby demise and lease unto
Lessee certain property (hereinafter called "demised premises"), and certain attendant
privileges, uses and rights, as hereinafter specifically set out.
A. Description of Land Area Leased
1. Land Area 76,927 square feet. Legal description contained
in Exhibit "B" attached and made part hereof.
The location of the leased premises is set forth on Exhibit "A" attached hereto
and by this reference made a part hereof.
B. PURPOSE. The purposes for which Lessee may use the premises described in paragraph
1 above are as follows:
1. Lessee may engage in the business of aeronautics, engine and aircraft repairs,
modifications, sales and renting of aircraft, sales of aircraft engine parts and accessories,
inspections, licensing, fabrication, aircraft components, flight instruction, storage of
aircraft and equipment, airplane charter flights and local short flights and may operate
at the Lubbock International Airport as a Fixed Base Operator.
2. Lessee may give flying instructions, provide pilots for planes for others,
and carry passengers and freight for hire, subject to all appropriate laws of the Federal
Government, the State of Texas, the County of Lubbock, Texas, and the requirements of all
duly authorized governmental agencies.
3. Lessee shall have a non-exclusive right to sell aviation fuel, oil and other
propellants or lubricants to the general public at said airport.
ARTICLE II
A. The original term of this agreement shall commence upon execution, and shall
continue in existence for a term of twenty years from said 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 the expiration date of the original
term or expiration of the first five (5) year option.
B. The parties hereto mutually agree that the rental rate will be adjusted upward
or downward for each year beginning January 1, 1982, in direct proportion to the fluctuation
in the U.S. Department of Labor, Bureau of Labor Statistics Cost of Living Index. For the
purpose of computing all adjustments, the Bureau of Labor Statistics Cost of Living Index
as of January 1, 1981, shall be construed as the base period.
C. NATIONAL EMERGENCY. In the event the rights and privileges hereunder are suspended
by reason of war or other national emergency, the term of this lease shall be extended by
the amount of the period of such suspension.
ARTICLE III
RENTAL AND FEES
In consideration of the rights and privileges herein granted, Lessee shall pay to the
City the following:
00
•
A. A fuel flowage fee of four (4) cents per gallon of aviation fuel
delivered to Lessee or its agents at Lubbock International Airport, excluding
that sold or delivered by Lessee to a regularly certified airline under
contract with the City of Lubbock as a part of the pecuniary consideration
herefor. Lessor shall be entitled to collect and Lessee agrees to pay
such fuel flowage fee, as determined by Lessor from time to time, for each
gallon of aviation fuel delivered for Lessee's consumption on said airport
excepting that portion which is specifically excluded, unless said flowage
fee is paid by the supplier on behalf of Lessee. The aforesaid flowage
fee, if not paid by the supplier, shall be due on the first day of the
month succeeding that in which the aircraft fuels and lubricants are
received by Lessee and shall be delinquent if unpaid before the fifteenth
day of each month. It is understood and agreed that the total gallonage
delivered to or purchased by Lessee, other than gasoline delivered to
regularly scheduled airlines operating under contract with Lessor, may be
reduced by an amount not to exceed two (2%) percentum in computing charges
as a maximum loss allowance from any and all causes.
B. Ground rental for the gross land area, i.e. - square
feet as set forth in Article I, paragraph A, above, shall be at the rate
of .055 dollars per square foot per year or as adjusted as outlined in
Article II, paragraph B above.
Any inconsistencies in the square footage as set out in this section
and the square footage as shown by Exhibit "B" of Article I, paragraph A,
shall be resolved in favor of the latter.
C. Two Thousand Five Hundred Dollars ($2,500.00) is the established
annual Fixed Base operator's fee; however, other applicable ground rent,
fuel flowage fee, and Fixed Base Operator's fees payable under other
leases with the City shall be applied as satisfying the requirements of
the Fixed Base Operator fee. Amounts payable under this agreement shall
be paid as follows:
Monthly payments for ground rent and fuel flowage fee effective with
the execution of this agreement are payable no later than the 15th
day of the month following. Operators whose payment on rates and
fees do not satisfy the minimum operators fee will pay monthly pro
rata amount of $208.34 payable no later than the 15th day of each
month.
ARTICLE IV
OBLIGATIONS AND RIGHTS OF LESSEE
A. ASSIGNMENT, TRANSFER, PLEDGE
Lessee shall not at anytime assign, transfer, pledge, or otherwise
alienate this agreement or any interest herein, without the prior written
consent of the City.
B. SUBLEASING
Lessee shall not sublease all or any part of the demised premises
hereunder without the specific written approval of Lessor, such approval
not to be unreasonably withheld.
C. TAXES AND ASSESSMENTS
Lessee agrees to pay all taxes and assessments levied on the
premises and any other taxes or assessments in connection with its business
which may be levied, promptly when due, and will promptly pay when due all
charges for water, electricity and any other utilities used in connection
with the operation of said fixed base operator.
D. NON-DISCRIMINATION
Lessee, his agents and employees will not discriminate against
any person or class of persons by reason of race, color, sex, age, creed
or national origin in providing any service or in the use of any of its
facilities provided for the public, in any manner prohibited by Part 15 of
the Federal Aviation Regulations. The Lessee further agrees to comply
with such enforcement procedures as the United States might demand that
the Lessor take in order to comply with the Sponsors' Assurances.
Lessee agrees to not discriminate against any employee or applicant
because of race, creed, color, sex, age or national origin. The Lessee
agrees to take affirmative action to insure that applicants are employed,
and that employees are tested during employment without regard to their
race, creed, color, sex, age or national origin. Such action shall include,
but not be limited to employment, upgrading, demotion, or transfer, recruitmel
layoff, rates of pay or other forms of compensation, and selection for
training, including apprenticeship.
The Lessee will conduct its activities and operate its facilities
in accordance with the requirements of Section 504 of the Rehabilitation
".9
11 on
Act of 1973 and will assure that no qualified handicapped person shall, solely by reason
of his or her handicap be excluded from participation in, be denied the benefits of, or
otherwise be subjected to discrimination, including discrimination in employment, under
any program or activity of the Lessee.
E. PUBLIC BENEFIT
Lessee agrees to operate the premises leased for the use and benefit of the
public.
1. To furnish good, prompt, and efficient services adequate to meet all the
demands for its services at the airport.
2. To furnish said service on a fair, equal, and non-discriminatory basis to
all users thereof, and
3. To charge fair, reasonable and non-discriminatory prices for each unit of
sale or service, provided that the Lessee may be allowed to make reasonable and non-
discriminatory discounts, rebates, or other similar types of price reductions to volume
purchases.
F. NON-EXCLUSIVE
It is understood and agreed that nothing herein contained shall be construed to
grant or authorize the granting of an exclusive right within the meaning of Section 308(a)
of the Civil Aeronautics Act.
G. DEVELOPMENT OF AIRPORT
Lessee agrees that Lessor has the right to further develop or improve the airport
as it sees fit, regardless of the desires or views of Lessee, so long as Lessee is not
prevented from using and occupying the leased premises.
H. RIGHTS OF OTHERS
It is clearly understood by the Lessee that no right or privilege has been
granted which would operate to prevent any person, firm or corporation operating aircraft
on the airport from performing any services on its own aircraft with its own regular
employees (including, but not limited to, maintenance and repair) that it may choose to
perform.
I. OPERATION OF AIRCRAFT, COMPLIANCE WITH RULES AND REGULATIONS
Lessee agrees that it will operate aircraft at all times in compliance with all
applicable federal, state and local rules and regulations and complying with all applicable
statutes, ordinances, rules and regulations affecting the use and operation of the hangar
and airport.
J. PUBLIC LIABILITY INSURANCE
Lessee will carry and maintain Public Liability Insurance in companies licensed
to do business in the State of Texas for the protection of the City of Lubbock and naming
it as an insured insuring against all claims, losses, costs or expense arising out of
injuries to persons whether or not employed by the Lessee, damage to property whether
resulting from acts or omissions, negligence or otherwise of the Lessee or any of its
agents, employees, patrons or other persons, and growing out of the use of the said airport
premises by Lessee, such policies to provide for a liability limit on account of each
accident resulting in a bodily injury or death to one person of not less than One Hundred
Thousand Dollars ($100,000.00), a liability limit on account of each accident resulting in
a bodily injury or death to more than one person of not less than Three Hundred Thousand
Dollars ($300,000.00), and a liability limit of not less than One Hundred Thousand Dollars
($100,000.00) for each accident for property damage. Lessee shall furnish evidence to the
City of Lubbock of continuance in force of said policies and said policies shall be so
worded as to insure ten (10) days notice of cancellation or any modification of such
policy to the City of Lubbock. Said policies shall be subject to the approval of the City
of Lubbock.
K. HAZARD INSURANCE
Lessee shall procure from a company authorized to do business in the State of
Texas and keep in force hazard and extended coverage insurance upon the buildings located
on the leased premises to 80% of the full insurable value thereof as set forth in individual
lease agreement, and shall furnish Lessor with evidence that such coverage has been procured
and is being maintained.
L. INSPECTION OF BOOKS AND RECORDS
Lessee shall maintain complete books and records of all transactions, sales and
income resulting from its operation at Lubbock International Airport which books and
records may be inspected at anytime during regular business hours by the City or its duly
authorized representatives at Lubbock, Texas, upon reasonable notice to Lessee. In the
event Lessee requests such inspection to be performed outside the Lubbock area, such
request may be honored at the City's discretion, however, any and all expenses incurred by
so doing shall be reimbursed by the Lessee. Lessee agrees to furnish facts and figures
necessary to determine the amount to be paid City together with a fiscal year-end signed
statement certified by a Certified Public Accountant that said figures are correct and
properly stated.
M. CONDITIONS OF PREMISES: INSPECTION
Lessee agrees that the premises under Lessee's control will be
kept clean and free of all debris and other waste matter. The City shall
have the right at all reasonable times to enter upon the premises for the
purpose of inspecting the premises under Lessee's control.
N. MAINTENANCE
Lessee shall, at its sole cost and expense, maintain the demised
premises and the buildings, improvements and appurtenances thereto, in a
presentable condition consistent with good business practice. Condition of
leased premises at time of beneficial occupancy is considered the acceptable
standard. Lessee shall repair all damages to said premises caused by its
employees, patrons or its operation hereon; shall maintain and repair all
equipment thereon, including any drainage installations, paving, curbs,
islands, buildings and improvements; and shall repaint its own buildings as
necessary.
Lessor shall be the sole judge of the quality of maintenance and
upon written notice by Lessor to Lessee, Lessee shall be required to perform
whatever reasonable maintenance Lessor deems necessary. If said maintenance
is not undertaken by Lessee within twenty days after receipt of written
notice, Lessor shall have the right to enter upon the demised premises and
perform the necessary maintenance, the cost of which shall be borne by
Lessee.
0. UTILITIES
Lessee shall have the right to connect to any and all storm and
sanitary sewers and water and utility outlets including metering devices at
its own cost and expense; and Lessee shall pay for any and all service
charges incurred therefor.
P. TRASH, GARBAGE, REFUSE, ETC.
Lessee shall provide a complete and proper arrangement for the
adequate sanitary handling and disposal, away from the airport, of all
trash, garbage and other refuse caused as a result of the operation of its
business.
Q. SIGNS
Lessee may not erect or cause to be erected on leased premises
any billboards or advertising signs without the prior written consent of
the Lessor.
R. INDEMNITY
(1) Lessee agrees to hold the City free and harmless from loss
from each and every claim, and demand of whatsoever nature made on behalf
of or by any person or persons resulting from Lessee's operation and/or use
of the leased premises and common areas owned by Lessor and used by the
Lessees, its agents, servants, employees, and from all loss and damages by
reason of negligence of the Lessee, its agents, servants, and employees.
(2) Lessor agrees to hold Lessee free and harmless from loss
from each and every claim, and demand of whatsoever nature made on behalf
of or by any person or persons resulting from Lessor's operation and/or use
of the Airport facilities outside of the leased premises by the Lessor, its
agents, servants, employees, and from all loss and damages by reason of
negligence of the Lessor, its agents, servants and employees.
mmnnfff���.
During the term of this lease, Lessee and its tenants shall have
the free and non-exclusive use in common with others at the airport of all
runways, ramps, parking areas and any and all public facilities available
at the airport and the right of ingress to and egress from the above describe(
premises which right shall extend to Lessee's customers, employees, guests,
invitees, tenants and patrons.
If during the term of this agreement, the use of the airport by
Lessee or its tenants is temporarily suspended, restricted, or interfered
with for a period of ten (10) days or more for reasons beyond the practical
control of the City in such manner as to substantially affect the use of
the hangar or operation of aircraft by Lessee or its tenants, all fees
during such period shall abate and the term of the agreement shall, at the
election of Lessee, be extended for an equivalent period of time.
Elm
T. WORKMEN'S COMPENSATION
Lessee shall furnish to the City of Lubbock satisfactory evidence that it
carries Workmen's Compensation Insurance in accordance with the laws of the State of
Texas.
U. IMPROVEMENTS
Lessee may make and construct additions, improvements and alterations to the
property in accordance with plans and specifications submitted to and approved by the
Director of Aviation. Any such additions, improvements or alterations made with the
consent of the Director of Aviation shall be solely at the expense of the Lessee. Such
additions or improvements shall be subject to all terms and conditions of this instrument.
The Lessee agrees to hold the City harmless from Mechanic's and Materialman's Liens
arising from any construction, additions, improvements, repairs or alterations effected
by the Lessee.
V. PARKING
Lessee shall at its sole cost and expense construct adequate and suitable
pavement areas for use by its customers for parking of aircraft and automobile parking
for its employees, patrons, guests or invitees.
W. VEHICULAR MOVEMENT
Lessee will not permit the driving of vehicles by its employees, customers,
guests or invitees on the apron, taxiways, or runways except specifically authorized
vehicles.
ARTICLE V
OBLIGATIONS AND RIGHTS OF LESSOR
A. SAFETY
Lessor reserves the right to take any action it considers necessary to protect
the aerial approaches of the airport against obstruction, together with the right to
prevent Lessee from erecting or permitting to be erected any building or other structure
on or off the airport, which, in the opinion of the City, would limit the usefulness of
the airport or constitute a hazard to aircraft.
B. MAINTENANCE OF PUBLIC AREA
Lessor reserves the right, but shall not be obligated to Lessee, to maintain
and keep in repair the landing area of the airport and all publicly owned facilities of
the airport, together with the right to direct and control all activities of Lessee in
this regard.
C. STANDARDS
Lessor reserves the right to establish reasonable standards for the construction,
maintenance, alterations, repairs, additions or improvements of Lessee's facilities and
leased premises.
D. UTILITIES
Lessor agrees to construct the necessary sewage facilities to serve Lessee
where Lessee may connect at the edge of leased premises.
E. SERVICE ROAD
Lessor agrees to construct a public service road and permits Lessee to connect
to said service road that will permit Lessee ingress and egress to its leased premises.
F. TAXIWAY
Lessor agrees to construct a connecting taxiway for the aeronautical use of
Lessee's customers, patrons, employees, guests and invitees.
ARTICLE VI
A. TERMINATION BY LESSEE
This agreement shall be subject to cancellation by Lessee in the event of the
happening of any one or more of the following contingencies without liability to the
City of Lubbock:
77 1. The permanent abandonment of the Airport as an air terminal.
2. The issuance by any court of competent jurisdiction of an injunction in
any way preventing or restraining the use of the Airport and the remaining in force of
such injunction for at least thirty (30) days.
3. The breach by the City of Lubbock of any of the terms, covenants or
conditions of this agreement to be kept, performed and observed by the City of Lubbock,
and the failure of the City of Lubbock to remedy such breach for a period of sixty (60)
days after written notice from the Lessee of the existence of such breach.
4. The assumption by the United States Government, or any
authorized agency of same, of the operation, control or use of the Airport
and its facilities in such a manner as to substantially restrict the
Lessee from operating said Fixed Base Operator facilities, if such restrictio
is to continue or has continued for a period of three (3) months or more.
B. TERMINATION BY LESSOR
This Agreement shall be subject to cancellation by the City of
Lubbock in the event of the happening of any one or more of the following
contingencies:
1. If the Lessee shall file a voluntary petition of bankruptcy;
or, if the proceedings in bankruptcy shall be instituted against it and it
is thereafter adjudicated a bankrupt pursuant to such proceedings; or if a
court shall take jurisdiction of Lessee and its assets pursuant to proceeding:
brought under the provisions of any federal reorganization act; or if a
receiver for Lessee's assets is appointed; or if Lessee shall be divested
of its rights, powers and privileges under this agreement by other operation
of law.
2. If the Lessee shall abandon and discontinue the conduct and
operation of said Fixed Base Operations.
3. If the Lessee shall default in or fail to make any payments
at the time and in the amounts as required of it under this Agreement.
4. If the Lessee shall fail to perform, keep and observe all
of the covenants and conditions contained in this Agreement to be performed,
kept and observed by it.
5. If the Lessee shall fail to abide by all applicable laws,
ordinances and rules and regulations of the United States, State of Texas,
City of Lubbock, or Director of Aviation of the City of Lubbock.
City of Lubbock shall give written notice to Lessee to correct
and cure such default, failure to perform or breach and if, within thirty
(30) days from the date of such notice, the default, failure to perform or
breach complained of shall not have been corrected in a manner satisfactory
to the City of Lubbock, then and in such event, City shall have the right,
at once and without further notice to Lessee, to declare this agreement
terminated and to enter upon and take full possession of the leased area
and, provided further that upon the happening of any one of the contingencies
enumerated in Subsection (B) (1) hereof, this agreement shall be deemed to
be breached by Lessee and thereupon "ipso facto" and without entry or any
other action by City of Lubbock the agreement shall terminate, subject to
be reinstated only if such involuntary bankruptcy or insolvency proceedings,
petition for organization trusteeship, receivership or other legal act
divesting Lessee of its rights under this agreement shall be denied, set
aside, vacated or terminated in Lessee's favor within thirty (30) days
from the happening of the contingency. Upon the happening of said latter
events, this agreement shall be reinstated as if there had been no breach
occasioned by the happening of said contingencies, provided that Lessee
shall within ten (10) days after the final denial, vacating or setting
aside of such petition on the vacating, terminating or setting aside of
such appointment, pay or discharge any and all sums of money which may
have become due under this agreement in the interim and shall then remain
unpaid and shall likewise fully perform and discharge all other obligations
which may have accrued and become payable in the interim, and,
Provided, further, that in the event that defaults, failure to
perform or breaches by Lessee of its obligations under this agreement to
be performed, kept and observed by it shall recur from time to time, then
upon written recommendation by the Director of Aviation to City of Lubbock,
the City of Lubbock may terminate this agreement.
City of Lubbock shall give written notice of such recommendation
and termination to said Lessee and the agreement shall terminate within
thirty (30) days from the date of said notice. The acceptance of rentals
and fees by the City for any period or periods after a default of any of
the terms, covenants, and conditions herein contained to be performed,
kept and observed by Lessee shall not be deemed a waiver of any rights on
the part of the City of Lubbock to cancel this agreement for failure by
Lessee to so perform, keep or observe any of the terms, covenants or
conditions hereof to be performed, kept and observed. No waiver by the
City of Lubbock or any of the terms of this agreement to be kept, performed
and observed by the Lessee shall be construed to be or act as a waiver by
the City of Lubbock or any subsequent default on the part of the Lessee.
C. OWNERSHIP
Within ninety (90) days after expiration of this agreement as
herein provided, the Lessee shall have the option to remove all improvements,
constructed or placed thereon such as buildings, equipment, goods, chattels
RTIV
DEC I I
and fixtures belonging to it except pavement area constructed by Lessee. Lessee shall
give City thirty (30) days written notice prior to expiration of Lessee's intent to exercise
such option. In the event of the failure on the part of Lessee to exercise its option to
remove from the premises such improvements, title to such improvements shall vest in the
City of Lubbock. Lessee covenants and agrees to pay all reasonable costs, attorney's fees
and expenses that shall be incurred by the City of Lubbock in enforcing the covenants and
conditions of this agreement, in the event that the Lessee fails to pay expenses within
thirty (30) days such property will be deemed abandoned and title will revert to the City;
however, this in no way relieves the Lessee of the debt incurred.
In the event Lessor terminates this agreement for cause as contained in Article
VI (B) above, or if Lessee discontinues Fixed Base Operation at anytime prior to expiration
the City retains ownership to Lessee's improvements to the extent of the rentals due for
the then remaining term.
D. This lease shall be subordinate to the provisions of any existing or future
agreement between the Lessor and the United States, relative to the operation and maintenance
of the airport.
ARTICLE VII
BANKRUPTCY, RECEIVERSHIP OR INSOLVENCY
If Lessee makes an assignment for the benefit of creditors, or if Lessee petitions
or applies to any tribunal for the appointment of a trustee or receiver of Lessee under
any bankruptcy, reorganization arrangement, insolvency, readjustment of debt, dissolution
or liquidation of law of any jurisdiction, whether now or hereafter in effect; or if any
petition or application is filed, or any such proceedings are commenced, against Lessee,
or Lessee by any act indicates its approval thereof, consent thereto, or acquiescence
therein, or any order is entered appointing any such trustee or receiver, or adjudicating
Lessee bankrupt or insolvent, or approving the petition in any such proceedings, the City
at its option may by notice in writing to Lessee declare this agreement terminated.
ARTICLE VIII
NOTICE
Any required notice to the City provided for herein shall be sufficient if sent
by registered or certified mail, postage prepaid, to the Director of Aviation, Route 3,
Box 201, Lubbock, Texas, 79401, and any such notice to the Lessee shall be sufficient if
sent in the same manner addressed to CTM HANGARS, Lubbock International Airport, Lubbock,
Texas, or such other addresses as may be designated by the City or Lessee in writing from
time to time.
IN WITNESS WHEREOF, the parties have executed this agreement this llth day of
December , 1980 , by its duly authorized officers.
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Marvin Coffee
Marvin Coffee, Director of Aviation
CITY OF LUBBOCK
BY: Isl Bill McAlister
BILL McALISTER, MAYOR
Isl Angela Adams
Angela Adams, Asst. City Attorney
LESSEE - JOHN J. CHRISTMANN, JR.,
RAYMOND S. TAPP, AND GENE MURRELL,
a general partnership d/b/a CTM HANGARS
BY: Isl John J. Christmann, Jr.
John J. Christmann, Jr.
BY: Isl Raymond S. Tapp
Raymond S. Tapp
BY: Isl Gene Murrell
Gene Murrell
*NOTE: Exhibit A is attached and filed with contract and resolution.
:..
DEC I1g0
80-39A-866-1215 Consider request of Sexton Enterprises, Inc. for renewal of the taxicab
(30) permit, and authorize same.
Pursuant to ordinance requirements, City Manager Larry Cunningham indicated
that an inspection had been made by a member of his staff, member of the
Internal Auditing staff, and the Garage Superintendent, and as reflected in
his report, they found that the Sexton Enterprises, Inc. had conducted
business in the appropriate manner, maintaining the appropriate records,
and from all indications, were in compliance with the ordinance provisions,
and recommended that the renewal permit be authorized.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to
authorize the renewal permit for operating a taxicab business to Sexton
Enterprises, Inc. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting
Nay.
80-39A-866-1216 Resolution No. 674
(31) _
A resolution authorizing the Mayor to execute an agreement with the Board
of City Development to comply with Texas Employment Commission requirements.
The Texas Employment Commission has raised the question of whether or not
the employees of the BCD prior to April 1, 1980, would be reported for
unemployment compensation purposes as employees of the City. Technically
these employees are employees of the City due to the nature of the funding
of the BCD; however, they are hired by the Chamber Administration and the
BCD independent operation would preclude any other type of arrangement.
The City Attorney recommended that the City report these employees for
unemployment compensation purposes prior to April 1, 1980, but thereafter,
it would be reported by the Chamber of Commerce.
The referenced contract with the Chamber holds the City harmless from any
claims that might arise of any action for social security payments, workman's
comp, retirement or insurance matters.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to
pass Resolution No. 674 authorizing the contract with the BCD to comply
with TEC requirements. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
JCR:cl
RESOLUTION NO. 674
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement
between the Lubbock Chamber of Commerce, the Lubbock Board of City Development
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 llth day of
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
December
/s/ Bill McAlister
BILL McALISTER, MAYOR
•:1
MM
1980,
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
A G R E E M E N T
This Agreement is made by and between THE LUBBOCK CHAMBER OF COMMERCE, hereinafter
called "CHAMBER" and THE LUBBOCK BOARD OF CITY DEVELOPMENT, hereinafter referred to as "BCD"
and THE CITY OF LUBBOCK, TEXAS, hereinafter referred to as "CITY" and constitutes the full
agreement of the parties.
W I T N E S S E T H:
WHEREAS, the Texas Employment, -Commission of the State of Texas has recently raised
a question about whether or not the employees of THE LUBBOCK BOARD OF CITY DEVELOPMENT
should have been reported to the Texas Employment Commission as employees of the City,
which reporting was withheld by the BCD because of the independent nature of the operation
of THE LUBBOCK BOARD OF CITY DEVELOPMENT; and
WHEREAS, the Agreement is entered into by the parties hereto for the sole purpose of
following the advice of the Texas Employment Commission for the reporting periods prior
to April 1, 1980.
NOW THEREFORE, the parties hereto do agree as follows:
Le
THAT for and in consideration of the CITY promptly reporting the employees of THE LUBB
BOARD OF CITY DEVELOPMENT as employees of the CITY for the reporting periods prior to
April 1, 1980, the CHAMBER and BCD agree to timely pay to THE CITY OF LUBBOCK, TEXAS, any a
taxes, penalties, interest and claims resulting from such reporting, and further to indemni
and hold harmless THE CITY OF LUBBOCK, TEXAS, its mayor and council members, employees,
agents and persons in privity with them from all liabilities, damages, claims, causes of
action, losses, and expenses which have arisen or which may in the future be asserted
by reason of unemployment, Worker's Compensation, Social Security, pension, retirement,
insurance claims, injuries (including death), damages or demands based upon employment of
any claimant by THE LUBBOCK BOARD OF CITY DEVELOPMENT prior to April 1, 1980.
II.
The CHAMBER and BCD agree to defend or cause to be defended any claim herein indemnifiec
against with the CHAMBER and BCD, selecting and compensating the attorneys and directing
the defense. The CHAMBER and BCD may contest, compromise, settle or otherwise deal with
and dispose of such claims, and if not settled or compromised or dismissed or dropped,
CHAMBER and BCD may delay satisfaction of the demand or claim until it is decided by a
final judgment entered in a court of competent jurisdiction.
W"
Obligations here undertaken by CHAMBER and BCD apply solely to matters herein mentioned
as being based upon and arising by reason of employment by THE LUBBOCK BOARD OF CITY DEVELOP-
MENT prior to April 1, 1980, which employment has been reported by the CITY to the Texas
Employment Commission.
MW
This Agreement shall be valid and binding upon the parties, their successors and
assigns, and shall be construed in accordance with the laws of the State of Texas, and
is performable in Lubbock, Lubbock County, Texas.
WITNESS OUR HANDS this llth day of December, 1980.
LUBBOCK CHAMBER OF COMMERCE LUBBOCK BOARD OF CITY DEVELOPMENT
BY: Isl
President
Attest:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
BY:/s/
President
THE CITY OF LUBBOCK, TEXAS
BY: Isl Bill McAlister
Bill McAlister, Mayor
APPROVED AS TO FORM:
Isl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
lall
80-39A-868-1217 Bid No. 6105 for park maintenance equipment (Park Dept.).
(32)
Item 1 Colonial Motors,
Lubbock, TX
Item 2 Associated Supply Company,
Lubbock, TX
Item 3 DELETED
Item 4 Goldthwaite's of Texas,
Ft. Worth, TX
Item 5 Turf Tractor & Equipment Co.,
Amarillo, TX
80-39A-868-1218 Bid No. 6085 for parts to the Toro Irrigation systems (Parks Dept.).
(33) Low Bidder O'Tool Plastic Pipe Company,
Lubbock, TX ($12,728.26)
80-39A-868-1219 Bid No. 6086 for parts to the Weathermatic irrigation systems (Parks Dept.).
(34) Low Bidder Weather-Matic,
Dallas, TX ($11,740.73)
80-39A-868-1220 Bid No. 6062 for fire hydrants and valves (warehouse stock).
(35) Items 1-5,incl. & 7-20, incl. M. B. McKee Company,
Lubbock, TX
Item 6 The Rohan Company,
Waco, TX
80-39A-868-1221 Bid No. 6090 for electric items (warehouse stock).
(36) Item 1 Westinghouse Elec Supply Co.,
Lubbock, TX
Items 2,13 Fields & Company,
Lubbock, TX
Items 3,4,5,6,9,10,11,12 Temple, Inc.,
Lubbock, TX
Item 7,8 Graybar Electric Company,
Lubbock, TX
80-39A-868-1222 Bid No. 6091 for wood poles (Elec. Distrib.).
(37) Low Bidder International Paper Company,
Ft. Worth, TX ($49,214.50)
80-39A-868-1223 Bid No.,6078 for portable staging (Aud Col.).
(38) Low Bidder Wenger Corporation,
Owatonna, Minnesota ($14,995.0
80-39A-868-1224 Bid No.-6093 to rebuild truck mounted hole digger (Elec. Distrib.).
(39) Low Bidder Coale Machinery, Inc.,
Lubbock, TX ($7,575.00)
80-39A-868-1225 Bid No.,6110 for portable air compressor (Elec. Prod.).
(40) Low Bidder Ingersol-Rand Equipment Corporation,
Odessa, Texas ($13,621.00)
80-39A-868-1226 Bid No. 6087 for the purchase of twenty-seven automobiles (various department
(41) Item 1 Brunken Toyota,
Lubbock, TX
Item 2 Caprock AMC/Jeep,
Lubbock, TX
Item 3 Fenner Tubbs Company,
Lubbock, TX
L-Im
80-39A-869-1227
(42)
80-39A-869-1228
(43)
80-39A-869-1229
(44)
80-39A-869-1230
(45)
80-39A-869-1231
(46)
80-39A-869-1232
(47)
80-39A-869-1233
(48)
80-39A-869-1234
(49)
In response to Council query regarding the number of vehicles purchased, particularly
for the Tax Department, Assistant City Manager Jim Blagg responded that the number of vehic
purchased for the Tax Department was for the inspectors who will commence their county
appraisal work as of the first of the year pursuant to the Peveto Bill passage; that the
location and type of appraisal work required prohibits them working in teams; that costs
are recovered through the contractual arrangements with other governmental entities; that
the subcompact cars are for field work and do not allow for passengers; the compact size
allows for some passenger accommodation and the mid size is for the Tax Assessor -Collector
and others who are required to make out-of-town trips; that there is no rule of thumb as
to what employee drive which car, the determination being the nature of their duties.
Bid No. 6107 for two motorcycles (Police Dept.).
Low Bidder
Kawasaki Good Times,
Lubbock, TX ($9,950.00)
Bid No. 6081 for tractor and mower (Parks Dept.).
Low Bidder
Farmer's Supply,
Lubbock, TX ($30,900.00)
Bid No. 6095 for 10,000 brochures (Civic Center).
Low Bidder
Parks Printing Company,
Lubbock, TX ($16,080.00)
Bid No. 6101 for installation of traffic signal conduit (Traffic Engineering).
(Revenue Sharing and Signal Improvement Bond Funds); and consider resolution authorizing
contract.
This item was TABLED and will be considered on December 18, 1980, Regular City Council
Meeting.
Bid No. 6109 for roofing (Main Garage) (Revenue Sharing Funds), and consider
resolution authorizing contract.
(It was determined that a resolution and a contract was unnecessary.)
Low Bidder
Lydic Roofing Company,
Lubbock, TX ($8,295.00)
Bid No. 6115 for various sizes water meters (Water Meter Shop).
Low Bidder
The Rohan Company,
Waco, TX ($136,944.40)
Bid No._6114 for six packer bodies (side loading) (Sanitation Dept.)
Low Bidder
Pak-Mor Manufacturing Company,
San Antonio, TX ($98,700.00)
Assistant Director of Purchasing Ken Dew indicated that all of the above bids reflect the
low bidders and all meet specifications.
Ordinance No. 8119
An appropriation ordinance from Capital Reserve Fund for six packer bodies (side -loading)
(See Bid #6114, above).
DGV:pc
ORDINANCE NO. 8119
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds for an approved project; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
M-C
THAT there BE and is hereby appropriated out of the following described
fund, to -wit: Fund 30 Capital Reserve, the following sum:
6063: Residential Collections
6 Packer bodies (side loading) . . . . . . . . . $98,700.00
(Bid 6114)
TOTAL $98,700.00
Such sum is required for the purchase of equipment needed in residential
sanitation. I
AND IT IS SO ORDERED.
Passed by City Council on first reading this 18th day of December 198(
Passed by City Council on second reading this day of 198Q
BILL McALISTER, MAYOR
ATTEST:
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Denzel Percifull
Denzel Percifull, Director of Public Services
rl�-_ I �1_ Wil V
Isl Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
Isl Robert Massengale
Robert Massengale, Finance Officer
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown
to approve Bid Nos. 6105, 6085, 6086, 6062, 6090, 6091, 6078, 6093, 6110,
6087, 6107, 6081, 6095, 6109, 6115, 6114, and to pass Ordinance No. 8119
on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
80-39A-870-1235 Ordinance No. 8109 - Zone Case No. 2302
(10)
_Request of Paul E. Parkinson (for Cecil Jennings, Inc.) to change a tract
*Pubisher's of land out of Section 26, Block E-2, City of Lubbock, from T to A-2
Affidavit Zoning District (located at 92nd Street and Colton Avenue).
on page 870a. The Planning and Zoning Commission recommended this request be approved,
limited to a church and related uses.
In accordance with Notice published November 26, 1980, in the Lubbock
Avalanche -Journal, a public hearing was held on the above referenced
matter.
Proponent: Paul Parkinson, on behalf of Cecil Jennings, Inc.
This tract is currently zoned "T" which is the classification that land is
annexed under. The adjacent land use to the tract is a proposed park on
the North, a "T" (transition) zoning on the South, "R-l" single-family and
a collector street (Chicago Avenue) on the East, and "R-l" single-family
on the West. The Comprehensive Plan Policy indicates that churches are
located on the fringe of residential development adjacent to thoroughfare/col--
streets, thereby, serving as a buffer district.
Planning and Zoning Commission unanimously recommends this request subject
to the conditions stated above, to which the proponent is amenable.
for
870a
4C .L T.
r1
80-39A-870-1235
(10)
80-39A-871-1236
(11)
80-39A-871-1237
(12)
80-39A-872-1238
(13)
80-39A-873-1241
(16)
80-39A-874-1242
(17)
80-39A-874-1244
( 9)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Bonnie McKee a Notary Public in and for Lubbock County, Texas on this day
personally appeared Twi I a Fo I somfBus iness Office Manager of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fift�v-1t�S vjjks prior to the first insertion of this LegaI Not ice -613 words @ 251 Per
wo No. 864797 at Lubbock County, Texas and the attached print-
ed copy of the Notice is a true copy of the onginal and was printed in the Lubbock
Avalanche -Journal on the following dates: November 26, 1980.
I0407
_a- a -I W��
Business Office Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 28th day of November 19 < 80
FORM 58-10
870b
80-39A-872-1239
(14)
80-39A-872-1240
(15)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Bonnie McKee a Notary Public in and for Lubbock County, Texas on this day
personally appeared —Twi I a Fn i S „M uII S Of f i ro
Manassarof the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuous) for more
than fift two weeks prior to the first inset of this Legal Notice-239 words Ofit Per
word—�59.75 No 86r��96
ed copy of the N o t i e e at Lubbock County, Texas and the attached print -
Avalanche -Journal on the following dates: is a Novemtrue ber t26 9 T9a810and was printed in the Lubbock
I0407 of 11 •
Business Office Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Saubscri d and sworn to
before me this28th day of 1Vovembe r , 19 80
FORM 58-10
-7
RIN
7_7
There being no discussion and no opposition, the hearing was closed.
The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Ordinance
No. 8109 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmer
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (no site plan
submitted)
SMT:pc
ORDINANCE NO. 8109
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. 2302: CHANGE A TRACT OF LAND
OUT OF SECTION 26, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T TO 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 PROVIDNG FOR PUBLICATION.
80-39A-871-1236 Ordinance No. 8110 - Zone Case No. 2303
(11)
Request of Ken Flagg (for Maxey Lumber Co.) to change a tract of land out of Section 9,
*Publisher's Block J-S, City of Lubbock, from R-1 to A-1 Zoning District (located at llth Place and
Affidavit on Loop 289).
page 870a.
The Planning and Zoning Commission recommended this request be approved, limited to townhousE
and condominiums.
In accordance with Notice published November 26, 1980, in the Lubbock Avalanche -Journal, a
public hearing was held on the above referenced matter.
Proponent: Ken Flagg, on behalf of Maxey Lumber Co.
This request is to change single-family residences ("R-l") to townhouse and condominium
usage, it being the trend to develop a new subdivision into a mixed -use area. This tract
has adjacent land uses as follows: "R-l" single-family on the North, "R-l" single-family
and Loop 289 on the South, Loop 289 on the East, and "R-l" single-family on the West. It
is the policy to keep apartments or medium/high density developments on the periphery of a
residential area, thus circumventing high traffic usage. The proponent's intent is to
build owner -occupied townhouses and condominium units, and because the tract is located
adjacent to Loop 289, the Planning and Zoning Commission unanimously recommended approval
of this request, subject to the conditions as stated, which was agreeable to the proponent.
There being no discussion and no opposition, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinance
No. 8110 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmer
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (no site plan submittec
SMT:pc ORDINANCE NO._8110
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. 2303: CHANGE A TRACT OF LAND
OUT OF SECTION 9, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1
ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION
1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDNG FOR PUBLICATION.
80-39A-871-1237 Ordinance No. 8111 - Zone Case No. 1511-H
(12)
Request of Burl W. Masters (for Don Harris) to change Lot 2, The Village Addition, City of
*Publisher's Lubbock, to amend the conditions of Ordinance No. 7623_(_Iocated east of Chicago Avenue and
Affidavit on from 230' to 440' north of 50th Street).
page 870a.
The Planning and Zoning Commission recommended this request be approved, limited to a
1:1800 densitZ_Latio.
In accordance with Notice published November 26, 1980, in the Lubbock Avalanche -Journal, a
public hearing was held on the above referenced matter.
Proponent: Burl Masters, on behalf of Don Harris
This request is to change existing condition on an "A-l" tract from a limited density of
1:3000 square feet to a density of 1:1800 square feet, the original intent being to limit
this development to duplex density. Since the original request, 20 additional units have
been added through the "CA" zone on the northeast corner of Chicago and 50th Street, and
the 1:3000 density remains on those apartment units on Belmont Avenue on the east side of
this tract. The adjacent land uses are: "R-l" single-family across the alley on the
North, "CA" commercial apartment zoning on the South, "A-l" at 1:3000 density of the East,
and a city park/Chicago Avenue on the West. The Comprehensive Plan Policy recommends
keeping apartment development adjacent to collector streets, which Chicago Avenue is, and
would not generate any traffic problems. The apartments to the North on 50th Street are
"A-l" density (1:1500).
P & Z unanimously recommends this request, subject to the stated conditions, which were
agreeable to the proponent.
872
There being no discussion and no opposition, the hearing was closed.
The motion was made by Councilman Brown, seconded by Councilman Aderton to
pass Ordinance No. 8111 on first reading. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay. (no site plan submitted)
SMT:pc ORDINANCE NO. 8111
AN ORDINANCE AMENDING THE CONDITION PLACED UPON ORDINANCE NO. 7623,
AS PERTAINS TO LOT 2, VILLAGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS TO -WIT: THAT THE DEVELOPMENT LOT BE LIMITED TO APARTMENTS HAVING A
DENSITY RATIO OF 1:3000, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
80-39A-872-1238 Ordinance No. 8112 - Zone Case No. 2306
(13)
Request of Pat Ginn and Gene Sorley to change Lots 16 and 17, Block 2,
*Publisher's Squyres Place Addition, City of Lubbock, from R-1 to AM Zoning District
Affidavit on (located at 3410 - 22nd Place).
page 870a. The Planning and Zoning Commission recommended this request be approved.
In accordance with Notice published November 26, 1980, in the Lubbock
Avalanche -Journal, a public hearing was held on the above referenced matter.
Proponent: Gene Sorley
This request is for two lots for "AM" zoning lying west of Indiana Avenue
and south of 19th Street. The tract is surrounded by "AM" zoning and is a
routine request. In response to Council query about the opposition to the
installation of gas pumps, proponent responded that stated opposition has
nothing to do with this particular zone request, and apparently that
citizen was merely expressing her viewpoint regarding this matter.
There being no further discussion and no opposition, the hearing was
closed.
The motion was made by Councilman Brown, seconded by Councilman Aderton to
pass Ordinance No. 8112 on first reading. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay. (no site plan submitted)
SMT:pc
ORDINANCE NO. 8112
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.
2306: CHANGE LOTS 16 AND 17, BLOCK 2, SQUYRES PLACE ADDITION, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO AM ZONING DISTRICT; PROVIDING
FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A
SAVINGS CLAUSE AND PROVIDNG FOR PUBLICATION.
F-
80-39A-872-1239
Ordinance No. 8113
(14)
Amend Section 6.4-8
of Zoning Ordinance No. 7084 regarding servants quarters
*Publisher's
or guest houses on
alot containing
10,500 square feet or more of net
Affidavit on
development area.
page 870b.
In accordance with
Notice published
November 26, 1980, in the Lubbock
Avalanche -Journal,
a public hearing
was held on the above referenced
matter.
Proponent: Jim Bertram, Director of Planning
For many years servants' quarters have been allowed as accessory units on
lots with 10,500 square feet or more as permitted in "R-l" single-family
residential areas. This item alone has contributed significantly to the
current number of rear -yard apartment units, which were originally servants'
quarters. This request is to remove the servants' quarters, or guest
houses, as permitted in "R-l" zoning and require a hearing before the
Zoning Board of Adjustment before they are allowed. In this manner, the
ZBA can make a fair analysis of whether this is going to be actually
servants' quarters or an apartment unit for rental purposes.
80-39A-872-1240 Amend Section 19.12 of Zoning Ordinance No. 7084, as follows:
(15)
SEPARATION. Any bar, cocktail lounge, private club, night club
*Publisher's or dance hall shall be located a minimum of 200' from any residentially
Affidavit on zoned property. (This distance shall be measured in a direct line
page 870b. from the nearest wall of the structure in which the use is located
to the residential district line.)
No bar, cocktail lounge, private club, night club or dance hall
shall be located within 600' of any established bar, lounge, private
club, night club or dance hall. (This distance shall be measured
in,a direct line from front door to front door.)
In accordance with Notice published November 26, 1980, in the Lubbock Avalanche -Journal,
a public hearing was held on the above referenced matter.
Proponent: Jim Bertram, Director of Planning
This section of the Zoning Ordinance is recommended to include dance halls and the
requirement of 200' separation from residentially -zoned property. Even though dance
halls do not sell alcholic beverages, there is as much liquor consumed (B.Y.O.B.) as
with private clubs and night clubs with the results in terms of noise, late hour disturbance,
and associated problems being same.
There being no discussion and no opposition, the hearing was closed.
The motion was made by Councilman Brown, seconded by Councilman Aderton to uphold Staff's
recommendation and pass Ordinance No. 8113 on first reading. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay. (no site plan submitted)
SMT:pc ORDINANCE NO. 8113
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BY ADDING A
SECTION TO BE NUMBERED 6.4-8, MAKING SERVANTS QUARTERS OR GUEST HOUSES ON A TEN THOUSAND
FIVE HUNDRED SQUARE FOOT LOT A CONDITIONAL USE IN AN R-1 ZONE DISTRICT AND AMENDING
SECTION 19.12 REGARDING SEPARATION FOR BARS, COCKTAIL LOUNGES, PRIVATE CLUBS, NIGHT
CLUBS OR DANCE HALLS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING
A PENALTY.
80-39A-873-1241 Ordinance No. 8114 - Zone Case No. 2304
(16)
Request of Bill Stinson (for Sunrise Builders, Inc.) to change Lots 206 through 213,
*Publisher's Sandlewood Village Addition, City of Lubbock, from R-1 to R-2 Zoning District (located
Affidavit on at 7501 Vernon Avenue).
page 870a.
The Planning and Zoning Commission recommended this request be approved.
In accordance with Notice published November 26, 1980, in the Lubbock Avalanche -Journal,
a public hearing was held on the above referenced matter.
Proponent: Bill Stinson, on behalf of Sunrise Builders, Inc.
This request is to zone a block -length tier of single-family lots into duplex residential
lots. The adjacent land uses are: "R-l" single-family on the North, on the South,
across the alley on the East, and "R-2" duplex zoning on the West. The Comprehensive
Plan Policy calls for providing buffer zones between low -density and high -density development
When this plat was originally filed, it was suggested that this tier of lots be zoned
"R-2" to avoid facing duplex lots into single-family residential; however, the owner
chose not to do so at the time. The Policy also states that if there is 20% opposition
from adjacent residents, the zone request will require 4/5 vote of the Council.
Director of Planning Jim Bertram indicated that the present conflict from the residents
results primarily from the fact that the single-family residences are now in existence;
that had the same request been rezoned "R-2" at the original platting, there would not
be any conflict or opposition at all.
There being no further discussion and no opposition present at the hearing, the hearing
was closed.
The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance
No. 8114 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (no
site plan submitted)
SMT:pc ORDINANCE NO. 8114
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. 2304: CHANGE LOTS 206 THROUGH
213, SANDLEWOOD VILLAGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-
2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY
CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
874
!D�C
80-39A-874-1242
Ordinance No. 8115
- Zone Case No. 2305
(17)
Request
of David R.
Goyette (for Jerry Bradshaw) to change a
tract of
*Publisher's
land out
of Section
22, Block A, City of Lubbock from R-1 to
R-1 Specific
Affidavit
Use and
A-1 to C-2A
Z_oniii _District (located at 4th Street and Utica
on page 870a.
Avenue,
North Loop
289 and Slide Road and Loop 289 and North
Utica Avenue).
The Planning and Zoning Commission recommended the following:
a. ' That the R-1 to R-1 Specific Use request be approved.
b. That the C-2A request be changed to AM Specific Use limited
to office use, subject to Planning and Zoning Commission site
plan approval prior to a building permit being issued.
In accordance with Notice published November 26, 1980, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
At the 8:30 Work Session, the Council was
zone case was complex; that in addition to
there were also requests for variations on
the matter is actually to be considered in
request and request related to variances o
Proponent: Jerry Bradshaw
apprised that the referenced
the request for a zone change,
the plat on file and, therefore,
two parts: the zone change
f the platting procedures.
The special use request for zero lot -line development allows the house to
have a zero side yard setback on one side and no less than 10' setback on
the other side. This concept has been approved and utilized in the Lakeridge
Country Club Estates Addition. The above request also includes the private
streets installation. The CCA's request is to allow for office development,
which is contrary to policy, but would be restricted "AM" Specific Use for
offices, subject to the site plan being approved by P & Z before a building
permit is issued would be acceptable. The proponent was agreeable to the
above stated conditions.
SMT:pc
ORDINANCE NO. 8115
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.
2305: CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 SPECIFIC USE; AUTHORIZING THE ISSUANCE
OF A SPECIFIC USE PERMIT THEREON; CHANGE A TRACT OF LAND OUT OF SECTION
22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 SPECIFIC
USE; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; CHANGE A
TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS FROM A-1 TO AM SPECIFIC USE; SUBJECT TO CONDITIONS; AUTHORIZING THE
ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS
PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE
AND PROVIDNG FOR PUBLICATION.
80-39A-874-1243 Consider the following requests of Proponent in Zone Case No. 2305,
(18) above:
a. Approval of private streets in single-family zoning district.
It has been a long-standing policy of the City Council to discourage
the installation of private streets within subdivisions. In this
particular case, this portion of the plat was recommended for approval
by P & Z, subject to the private streets being constructed in accordance
with the City Engineer's approval, that being a 200' wide boulevard
to accommodate a potential drainage problem with a minimum floor
level as well as standard curb and gutter installation.
With regard to the street -naming policy, proponent requested permission
to carry out the "Old South" theme in naming the private cul-de-sac
streets. The area is located adjacent to the Tara Restaurant and it
would be a marketable value to do this. This request is nonconforming
to the standard street -naming policy long in effect, and it was the
proponent's position that if he were paying for the construction of
the private streets, he ought to be allowed to name them what he
wished.
Director of Planning Jim Bertram indicated that the City Policy has
been that the streets going north and south be named in an orderly
alphabetical manner; the streets east and west are in numerical
order; that the private streets proposed by the proponent are frequentl,
neither north -south or east -west, and it would allow confusion for
emergency vehicles, for public service businesses and the general
citizenry, and the request is definitely a departure from the existing
policy. Following extensive discussion on this particular segment of
the variances, the CONSENSUS of the Council was that Mayor McAlister
and Councilwoman Baker wish to stay with the current policy of naming
streets; Councilman Aderton and Councilman Brown wish to allow the
private streets be named as the proponent wishes in keeping with his
theme; and Mayor Pro Tem. Henry indicated he had no objection to the
MR
DECI
long as he maintained the alphabetical/numerical sequence and conformed to the
existing policy in that manner. Proponent Bradshaw indicated he could by reference
maintain the "Old South" theme as well as comply with the alphabetical/numerical
sequential policy now in existence.
The City Attorney apprised the Council that a platting decision, to which
these variances are related, rests solely with the Planning and Zoning Commission
and it would be at their discretion to make a final decision. Proponent was advised
by Council to work with the staff and P & Z regarding the acceptability of naming
the entrance thoroughfare "Whisperwood Boulevard."
b. Approval of small island within the private street right-of-way.
Another departure from the construction of the islands within streets; proponent
wishes to construct a computer -operated security system with removable barriers at
the entrance of the private streets; the system would be operable by a plastic card
inserted into the device activating the removable barriers (similar to that used at
the Airport parking lots) with a centrally -manned computer control to be manned 24
hours a day; this allows for careful monitoring of traffic within the area. The
proponent indicated it was very effective from the marketing point of view and had
been used successfully in the Dallas and Houston areas. The reluctance on the part
of City staff involved the ingress/egress capabilities for emergency vehicles, to
which the proponent responded that inasmuch as the controlled area is to be manned
24 hours a day, there should be no problem in these instances. On the other hand,
if all fails, the emergency vehicle could break the barrier to gain entrance. The
staff pointed out to the Council that in the event the private streets were dedicated
for public use at some future date, these islands and security system would need to
be removed.
C. Approval of garbage collection system in areas where public alleys have
not been dedicated.
The original plat did not provide for alley access to all lots and, therefore, a
desigated area for solid waste must be provided for. One alternative is the undergrou
utility easement which could be designated as a garbage collection easement, said
easement located at the rear of the lot. In the event the proponent did not wish
to designate this easement for this purpose, the solid waste containers would need
to be set at the front of the residences or at the end of the cul-de-sac at a
designated property line area. The discussion also reflected the problem of the
solid waste garbage collection gaining entrance in light of the security system, if
implemented, to which the proponent responded that here again the 24-hour manned
control should provide no problems for their entrance, and he was willing to designate
the easement at the rear of the lot for garbage collection access.
Following discussion, and there being no opposition, the hearing was closed.
With respect to Zone Case No. 2305 (Ordinance No. 8115), the motion was made by Mayor
Pro Tem. Henry, seconded by Councilman Brown to pass Ordinance No. 8115 on first reading.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and
Councilwoman Baker voting Yea; none voting Nay. (no site plan submitted)
With regard to the platting variances, the motion was made by Councilman Aderton,
seconded by Councilwoman Baker to refer the platting variances back to the Planning and
Zoning Commission for final approval before the building permit is issued, subject to
the following matters as stated in the above discussion: (a) with regard to private
streets, that the construction be a 200' wide boulevard to allow for a potential drainage
problem and to maintain the minimum floor level; that the issue of naming the private
streets in accordance to the proponent's wishes in carrying out the "Old South" theme be
resolved by P & Z as long as the alphabetical/numerical sequential order is maintained
in accordance to the present policy; (b) with regard to the construction of a small
island at the entrance of the private streets segment to allow for the installation of a
private security system to be manned 24 hours, that this also be the P & Z discretionary
judgment; (c) that the underground utility easement at the rear of the lots in the
private streets segment be designated as a solid waste collection easement, and that
easy access to this area be allowed through the 24-hour manned control center to the
security system. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and
Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council
Chambers at the time of balloting.
The Council recessed at 11:40 a.m. to have lunch with the Chamber of Commerce and reconvened
at 1:15 p.m. to hear the remaining zone case, of which the proponent failed to show at
the designated time.
80-39A-875-1244 Ordinance No. 8120 - Zone Case No. 2301
9)
Request of V. A. Hedlund (for Barter Systems, Inc.) to change the east 50' of Lots 1
��Publisher's through 6, Block 147, Original Town Addition, City of Lubbock, from C-4 to C-4 (DH)
Affidavit on Zoning District (located at 1211 - 13th St.).
page 870a.
The Planning and Zoning Commission recommended this request be approved.
At 1:22 p.m., a public hearing was held on the above matter in accordance with Notice
published November 26, 1980, in the Lubbock Avalanche -Journal.
Proponent: Lee McEnhere, Vice -President for Public Relations,
Barter System, Inc.
such a designation has been complied with and the request has been unanimousl'
approved by the Urban Design Commission as well as the Planning and Zoning
Commission.
There being no discussion and no opposition, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker
to pass Ordinance No. 8120 on first reading. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman
Baker voting Yea; none voting Nay. (no site plan submitted)
SMT : cl
ORDINANCE NO. 8120
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.
2301: CHANGE THE EAST 50 FEET OF LOTS 1 THROUGH 6, BLOCK 147, ORIGINAL
TOWN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-4 TO C-4 (DH)
ZONING DISTRICT; 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-876-1245 Consider two appointments to the BOARD OF ELECTRICAL EXAMINERS. The terms
(50) of Seymour Evans and Marshall Taylor expire 1/l/81. Categories required:
One electrical engineer not actively engaged in electrical contracting
work; one residential contractor.
Gerry Averett P.O. Box 6481 745-6288
Averette Electric Co. (Master Elec)
Russell Seacat, E.E.
Texas Tech
Term: 3 years, to expire 1/l/84
5227 - 8th 795-4592
742-3533
80-39A-876-1246 Consider four appointments to the SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION.
(51) terms of Earl Ince, Jr., Leroy Elmore, Harold Chatman and Doug Boren
expire 12/11/80.
Reappointed:
Earl Ince, Jr. 5412 - 19th (Res) 799-8485
1008 Texas (Bus) 762-0231
Harold Chatman
LISD
2316 Date (Res) 747-1868
Doug Boren
4522
- 22nd (Res)
799-1219
5201
Brownfield Hwy
(Bus)795-8271
Appointed:
Octavia Givens (Mrs. R. J.)
1701
E. 26th (Res)
762-2967
Real Estate
820
Quirt (Bus)
763-8430
Term: 3 years, to expire 12/11/83
80-39A-876-1247 Consider two appointments to the HOUSING AUTHORITY BOARD. The terms of
(52) Dr. Charles E. Henry and Cathy Morton expire 12/27/80.
Julian Simpson 2319 - 58th (Res) 795-6310
Office Ecology Janitorial Service 792-4077
Jane W. Bacon (Mrs. Wm. L.) 6210 Lynnhaven Dr. 799-1243
Term: 2 years, to expire 12/27/82
80-39A-876-1248 Consider one appointment to the ZONING BOARD OF ADJUSTMENT, to fill the
(53) unexpired term of David Hester, said term expiring 2/26/81. Mr. Hester
recently accepted an appointment to the Planning and Zoning Commission.
Appointed:
Paul Godwin #30 Brentwood 792-2083
Term to expire: 7/10/82
Alternate:
Marcello Tafoya 5406 - 49th 797-5061
Term to expire: 12/11/82
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to
M •1
80-39A-877-1249 _Hold a public hearing to receive suggestions for uses for 1981-82 Community Development
(19) Block Grant.
In accordance with the Notice published in the Lubbock Avalanche -Journal on November
20, 1980, a public hearing was held at 5:30 p.m. on the above matter. All members of the
Council were present except Councilman E. Jack Brown.
Each year the Council conducts two public hearings on the Community Development Block
Grant Program, said hearings being a culmination of three months of citizen participation
meetings, evaluations by the Community Development Advisory Commission (CDAC) stating the
goals and strategies for the annual CDBG program.
The 1981-82 entitlement is for the amount of $3,481,000. Following this hearing, the
Council will develop a consensus of the priority projects to be included in this program
year; after the second public hearing to be held in January, 1981, a definite decision
from the Council will be made.
At the November 24, 1980 meeting, the CDAC and Staff prepared the following recommended
projects, as presented by Director of Planning Jim Bertram, for Council consideration,
to -wit:
Proposed Project
Residential Rehab
Arnett Benson Rehab
Meadowbrook Rehab
Elliston Rehab
PhyllisWheatley Redev.
Posey Rehab
Stubbs Rehab
South Overton Park
Canyon Lake Cleanup
E. 19th St. (Quirt to Loop)
Weatherization
CDBG Code Enforcement
Intensified Code Enforcement
Senior Citizen Nutrit. Prog.
Rogers Senior Citizen Center
Lake 6: So. Road Cont'd
Hood Park Softball Renov.
Restrooms/Yellowhouse Canyon
Paving Kemper St.- N.Ash Ave
34th & Quirt Ave. Extension
Neighborhood House
Security Patrol -Green Fair Man.
Security Patrol -Hub Homes
MHMR Renov. of Facility
CD Administration
Indirect cost
Contingency
Proposed Cost
Recommended Funding
(Staff/CDAC)
$637,035
716,134
59,150
29,150
384,265
397,130
33,330 (2,256,194)
1,850,000/2,070,000
150,000 (5 lots)
95,000/
95,000 (2 lots)
53,000
35,000/
35,000
230,000
230,000/
0
25,000
25,000/
25,000
178,938
130,000/
130,000
72,000
72,000/
72,000
39,000
39,300/
39,300
192,000
192,000/
192,000
317,000
150,000/
150,000
65,000
0 /
45,000
60,000
60,000/
60,000
14,726
14,726/
6th Yr Conting
300,000
300,000/
0
75,000
0 /
75,000
55,000
0 /
55,000
55,000
0 /
55,000
80,000
0 /
High Priority
7th Yr. Conting.
97,500
97,500/
97,500
49,507
43,314/
43,314
150,000
161,886/
241,886
Appearances: Matt Matthews
John Kallas
Doris Williams
Tony Maddox
Charles Huffman
Kathy Morton
Sellie Shine
Tavita Dorrow
David Garza
Silviono Delira, with Alfonso Castaneda
serving as interpreter
Mr. Matthews is Executive Director of Neighborhood House, and appeared on behalf of the
work being done at this facility, which is located at 2009 E. 13th (at Vanda). One major
problem they encountered last year was that HUD requirements stipulate that the facility
must be owned by the City for the organization to be eligible for financial assistance.
Mr. Matthews reported that the present owner has agreed, and a Resolution has been passed
indicating their willingness to dedicate the property to the City, with the understanding
that the City would lease back to the organization the use of the facility. HUD also
requires that the facility be obtained at fair market value based on a valid appraisal,
whereby a formal offer is made by the City to the owners; upon refusal, the property may
then be deeded to the City. Mr. Matthews reiterated all of these provisions are amenable
to the present owners. He further stated that a total of $75,000 is requested $66,000 for
new construction adjacent to the facility, and $9,000 to bring the present structure up
to minimum standard; that they have provided various services to over 2,000 families
annually, all qualifying in the low to moderate income category; they provide home visitat
emergency services, an active children's program for elementary and junior high age
and there is urgent need for the continuation of this program in this area.
Mr. Kallas, on behalf of the YMCA, appeared to request the repair of the lighting at Mose
Hood Park, which was destroyed in a recent wind storm in the City; that the park is
actively used by all of the softball leagues and the public demand for these facilities
Ms. Williams appeared as a resident of Green Fair Manor to request some imp
ments be made at the Green Fair Manor apartments in addition to the
requested security patrol.
Mr. Maddox, Director of Mental Retardation Services of MHMR, requested
that the $80,000, designated as high priority consideration by the CDAC,
be approved by the Council for the acquisition and renovation of the new
facility on Avenue H known as the Buckner Girls Home; that the new facility
is needed for MHMR to develop and maintain a comprehensive program for the
mentally regarded; that there is urgent need for expanded comprehensive
services to the community in various areas of mental health and mental
retardation.
In response to Council query as to how this organization relates to the
State MHMR, Mr. Maddox responded that the Lubbock organization is not a
State agency, but an agency within the state; that it was established in
1969 under a cooperative arrangement with local governments (city, school
and county); that the organization is eligible for grant aid funding.
Mr. Huffman is minister of the Parkway Church of Christ, which is sup-
porting an area organization known as Community Action Now (C.A.N.), to
assist the residents in Cherry Point and Mackenzie Additions in an effort
to work together to develop their residential area; that C.A.N. has lent
support to the Lubbock Economic Advancement and Development (LEAD) organizatil
that they are in support of the amendment to the Policy for economic
development for residential areas.
Mr. Jim Bertram, Director of Planning, indicated that according to HUD,
this is a guideline, which is more than a policy statement; that the
roadblock to funding is the need to have an Economic Strategy Plan submitted
and approved for the City of Lubbock; that until such a Plan is finalized,
these various community programs are ineligible for funding under the CD
application.
Mrs. Morton, Chairman of the Lubbock Housing Authority Board, requested
continued support for security patrol at Green Fair Manor and Hub Homes.
Mrs. Shine appeared as a member of the CDAC and filed with the City
Secretary a statement reflecting the need for continued service -oriented
programs; this means that people are helping themselves.
Mrs. Dorrow, Vice President of Lubbock Economic Advancement and Development
(LEAD) requested the acceptance of the proposal amending the CD application
to include economic development; that this was of particular concern to
minorities; that there is urgent need for an economic stragegy plan to be
a part of the City's program and requested the Council direct the staff to
compile such a Plan and implement it in connection with the current CD
application.
Mr. Garza, President of LEAD, reiterated the need for an Economic Strategy
Plan, as stated by others, above; that the North and Northeast segments of
the City are deteriorating rapidly, suffering from economic stagnation;
that without such a Strategy Plan, it is difficult to revitalize this
area; that most of the work presently done by the LEAD organization is on
a volunteer basis; that their goals over the next five years include
development in industry, housing, business and research.
He requested approval of $80,000 for funding of a full-time Director and
secretary plus one parttime employee. In response to Council query as to
their coordinating their efforts through COMA, SBA and the Chamber of
Commerce, Mr. Garza responded that most of COMA's efforts were directed to
Mexican -American businessmen, and that COMA does not provide the services
that LEAD provides.
Mr. Delira, speaking through an interpreter, reiterated the need for a
Senior Citizens Center in the ArnettBenson area; that they are now using a
place loaned to them by the catholic church, but they are needing their
own facility. He completed his statement with an invitation to the Council
to visit their facility, when it is ready.
There being no further appearances or discussion,,,e6e Aearing was closed
at 6:25 .m. —1-1, n I
ATT
LST:ae� I Zi4_y�e
Evlyn Gaffga,'City e t ry Treasurer
READ AND APPROVED THIS 8th DAY OF
BrLL McALISTER, M&
WYK)
Risk,.
im
I
ATTEST:
X j