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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