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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/8/1981I "' ., NLM$ CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JANUARY 8, 1981 9:30 A.M. At 8:37 a.m. during Work Session, Mayor McAlister announced that an Executive Session would be held for the purpose of considering pending litigation and personnel matters; 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, January 8, 1981, 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. 81-40-1-1 The invocation was given by Jim Bertram, Director of Planning. ( 1) 81=40-1-2, The Pledge of Allegiance to the Flag was given in unison by those present in the Council ( 2) Chambers. 81-40-1-3, Approval of Minutes: Regular Meeting, December 11, 1980 3) Regular Meeting, December 18, 1-9-80 Special Meeting, December 18, 1980 The motion was made by Councilman Brown, seconded by Councilman Aderton to approve the above referenced minutes. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Counci Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-1-4 Citizen Appearances 4) Proclamations 81-40.-1=5_ ( 6) 7) 81-40�1-7 ( 8) 81-40-1-8 ( 9) "March of Dimes Birth Defects Prevention Month" - Month of January, 1981 "Mother's March" - January 25, 1981 Receiving: Kevin Bailey "Lubbock County Junior FFA Livestock Show and Sale Days" - January 18-20, 1981 Several members of the Junior FAA were present to receive the Proclamation. "Confederate Heroes Week" - January 18-24, 1981 Receiving: Mrs. S. E. Corum Mrs. J. H. Perry and _others "Phi Delta Kappa Week" - January 18-24, 1981 Receiving: Ted Dockery, President Ralph Carter, President -Elect James Vardy Nancy Bell Mary Jo Clendenin 2 JAN 8 1981 81-40-'2-'9 A representative of the Lubbock Cultural Affairs Council to appear to (10) present recommendation for awarding of art grants for the second half of 1980. Mr. David Hess, Vice -President of the Cultural Affairs Council, appeared to apprise the Council of the status of the grant and to make the recommenda for new grantees. On February 14, 1980, the Council approved an agreement with the Cultural Affairs Council in the amount of $52,042.39 for encouragem, promotion and improvement of all funds in the community. These funds were allocated from 1124 of the 44 hotel/motel tax received during the fiscal year ending September, 1979. A review committee of the Cultural Affairs Council has received and evaluat all applications requesting grant monies, and Mr. Hess made the following recommendations: 1. KTXT-FM $2,000 Purchase classical records to improve and expand its musical library. 2. Lubbock Civic Chorale $2,500 General support for 1980-81 season. 3. City of Lubbock - Parks and Recreation Dept. $20,000 Development of a Fine Arts Center 4. Texas Tech University Department of Music $1,900 Two guest artists for the Leading Edge Music Series 5. Lubbock Christian College $ 475 Purchase oil paintings to complete its set of United States presidential portraits Previous awards were made in July, 1980, for the total sum of $17,810, plus the amount recommended above totalling $26,875, for a grand total of the grant monies in the sum of $44,685. At the time of the agreement, it was stipulated that $2,602.12 would be allowed for operating expenses; this leaves $4,755.27 in allocated funds. There being no discussion at the conclusion of Mr. Hess' presentation, the motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve the above grants as recommended by the Cultural Affairs Council. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-2,-10 Resolution No. 679 (11) Representatives of the Lubbock Industrial Development Corporation to appear to request Council approval for issuance of industrial revenue bonds, and consider resolution authorizing same. Mr. B. C. "Peck" McMinn, President of the Lubbock Industrial Development Corporation, appeared on behalf of the Corporation to recommend that the request of Magnolia Seed Company be approved; that the Corporation reviewed Magnolia's request on December 15, 1980, in the amount of $800,000, to be funded by tax-free bonds; that the money will be used for relocating Magnolia's plant operation at the municipal address of 925 East 66th Street, said plant to be expanded to 30,000 square feet, which would provide for additional jobs as well as improve the service to their customerE Mr. McMinn indicated that Magnolia is a wholesaler of lawn and garden supplies and equipment; that their financial statement has been reviewed by the Corporation Board as well as First Southwest of Dallas, who in turn recommend the request be granted; that the Corporation Board also voted unanimously to approve their request. Section 23 (f) of the Development Corporation Act of 1979 requires that the governing body of the City of Lubbock approve by written resolution the agreement entered into between the Lubbock Industrial Development Corporation and Magnolia Seed Company. There being no discussion and no opposition, the motion was made by Council- man Brown, seconded by Councilman Aderton to pass Resolution No. 679 authorizing the issuance of industrial revenue bonds to Magnolia Seed Company, and to approve the contract entered into between Magnolia and the Lubbock Industrial Development Corporation. Motion carried: Mayor McAlister Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. lions t 3 RESOLUTION NO. 679 A RESOLUTION by the City Council of the City of Lubbock, Texas, ratifying, confirming and approving a "Memorandum of Agreement" pertaining to the financing of an industrial develiop- ment project between.the Lubbock Industrial Development Corporation and Magnolia Seed Company of Lubbock.. WHEREAS, the Lubbock Industrial Development Corporation has submitted to this City Council for approval a "Memorandum of Agreement" between such Corporation and Magnolia Seed Company of Lubbock pertaining to the financing of an industrial development project, such agreement being attached hereto as Exhibit A and made a part of this resolution for all purposes; and WHEREAS, this Council has reviewed the foregoing agreement and determined that such project will promote and encourage employment with the City of Lubbock, Texas, and benefit the public welfare and the same should be approved; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, that the "Memorandum of Agreement" attached hereto as Exhibit A, by and between the Lubbock Industrial Developmet Corporation and Magnolia Seed Company of Lubbock is -hereby in all respects ratified, confirmed and approved and the parties thereto may proceed with the project described therein and the making of arrangements for the financing thereof. PASSED AND APPROVED this the 8th ATTEST: /s/ Evelyn Gaffga City Secretary, City of Lubbock, Texas (SEAL) Approved as to form: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney day of January , 1981. Isl Bill McAlister Mayor, City of Lubbock, Texas *NOTE: Exhibit A, plus other documentation is filed with the original resolutio. 81-40-3-11 Ordinance No. 8122 (12) An appropriation ordinance for steel transmission poles (Bid #6075) for the interconnect. ORDINANCE NO. 8122 AN 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: CAPITAL PROJECTS FUNDS 4 JAN 8 1981 The sum of $89,924 For the following purpose: To provide funds for the purchase of two -two pole steel structures for the interconnect. AND IT IS SO ORDERED Passed by the Council on first reading this 18th day of December , 19 '0 Passed by the Council on second reading this 8th day of January , 19sl Isl Bill McAlister MAYOR ATTEST: Isl Evelyn Gaffga VERIFIED BY: Isl J. Robert Massenle CITY SECRETARY -TREASURER FINANCE OFFICER Direct. o Utilities APPROVED BY:/s/Carroll McDonald,Sales & Sqrvice HEAD OF DEPT. DW. 81-40_4-1,2 Ordinance No. 8123 (13) An appropriation ordinance for widening Quaker Avenue (Bid #6088) (Street Capital Improvements Fund). JCR:dh ORDINANCE NO. 8123 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to - wit; Street Capital Improvements The sum $ 731,494.07 For the following purpose: G.W.O. 10,978 Construction and Supplementary Cost for Quaker Avenue Contract Amount $733,453.69 6% Engineering $ 44,007.22 Contingency (Tech Fence Relocation, Etc.) $ 15,000. 0 TOTAL PROJECT COST $792,460.91 Less previous appropriation $ 50,000.00 Less Prepaid (Account No. 104) $ 10,966.84 $731,494.07 Passed by the Council on first reading thisl8th day of December 1980 . Passed by the Council on second reading this 8th —dav of January 1981 Isl Bill McAlister Bill McAlister, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer VERIFIED BY:/s/J. Robert Massengalel J. Robert Massengale Finance Director APPROVED BY: /s/ Don Jennings, City Eng HEAD OF DEPT. 0 The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance Nos. 8122 and 8123 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. 81-40-5-13 Consider the price and conditions of sale on Parcel #19A-10 in the Coronado -Tex. R-33 (16) Area. Redeveloper Price Redevelopment Carrie B. Williams $750 Single -Family Residence 81-40-5-14 Consider the price and conditions of sale of Parcel VC-8-3 in the Lubbock NDP Area. (17) Redeveloper Price Redevelopment M. A. Williford, Sr. $2,400 Single -Family Residence The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve the sale of Parcel 19A-10 in the Coronado -Tex. R-33 Area and Parcel 7C-8-3 in the Lubbock NDP Area. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-5,-15 Consider the allocation of Community Development contingency funds for the pavinR of (18) East Kemper Street. In September, 1980, the Council considered the recommendation of the CDAC to allocate contingency funds to pave East Kemper Street, said paving requested by the residents of the street to eliminate dust and to reduce the traffic hazard caused by truck traffic. At that time, it was recommended by the staff that strip paving be considered at an estimated cost of $14,726. Director of Planning Jim Bertram apprised the Council of the background of this situation and indicated that they had conducted a traffic survey of the area at the request of the Council during the hours of 7-8:30 a.m., 12 noon to 2:00 p.m., and 4-5:30 p.m., all of which are considered at peak hours. It was their findings that only three trucks traveled the street during these peak periods, and when the residents were polled, they indicated 30 trucks per day used the street. In response to Council query as to how many unpaved residential streets exist in the City, the response was that the exact amount was unknown, but could be quickly determined. Mr. Bertram indicated this was primarily in an industrial area, and the area in question contained many tenant -occupied structures as well as many substandard structures. Councilman Brown expressed his viewpoint since the area would ultimately become entirely industrial rather than residential, he felt there was greater need to use existing CD funds, particularly in light of the substandard and tenant -occupied housing in the area. The motion was made by Mayor Pro Tem Henry to direct the staff to conduct a study as to the number of unpaved streets in the City and to ascertain whether or not this request is unique in itself. The motion died for lack of a second. The motion was then made by Councilman Brown, seconded by Councilwoman Baker to DENY the allocation of CD funds to the strip paving of East Kemper Street. Motion carried: Mayor Pro Tem Henry, Councilman Brown and Councilwoman Baker voting Yea; Mayor McAlister and Councilman Aderton voting Nay. 81-40,L5=16- Resolution No. 680 (19) A resolution authorizing the acquisition of two parcels of park land in the South Overton Addition, and authorize condemnation proceeding s, if necessary. The City is acquiring a half block on 4th Street between Avenues U and T for park land. The proposed acquisition of two parcels owned by Mr. and Mrs. Tony Brooks totals $110,000; two appraisals have been made on both parcels as required by the Uniform Acquisition and Relocation Act. Parcel 67440-440-7 2013-14th $40,000 There is a two-story stucco residential structure with a rear -detached apartment; the two-story structure contains four rental units and is zoned for "R-211. Parcel 67440-440-9 2017-14th $52,500 There is a two-story brick and framed residential structure that has been converted into rooming/boarding house with a two-story stucco attached apartment on the rear of the lot, and is zoned for "R-2". .1 JAN 6 Igo Goddard and Associates performed the appraisal on both parcels; Harold L. Kelley, CRPA, reviewed both appraisals. In response to Council query as to what happens in the interim between the purchase of the park land and the development of the park, Mr. Bertram responded that they would sell the structures if there is any market value in them, or in the alternative, the structures will be demolished and the land cleared. In response to Council query as to why funds are tied up without completing the projects in the immediate future, City Manager Cunningham responded that it is advisable to share the allocated monies into the various areas that have needs and work on various projects at the same time rather than concentrating all monies into one project in a specified area. There being no further discussion, the motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution No. 680 authorizing the formal offer of the two parcels stated in the sum as stated above for the development of park land in the South Overton Addition. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; Councilwoman Baker voting Nay. SMH/pg RESOLUTION NO. 680 A RESOLUTION AUTHORIZING,THE.,ACIQUISIZION OF CERTAIN PARCELS OF LAND I FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE SOUTH OVERTON NEIGHBORHOODS AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. I WHEREAS, it has been determined by the City Council that certain parcels of land located in the vicinity of 14th Street and Avenue U within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has contracted with the City of Lubbock to provide funds through the Community Development Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, Parcels No. 67440-44-7 and 67440-44-9, owned by TONY BROOKES and wife JEAN BROOKES; and WHEREAS, the City Council has caused appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised, and that the City Council finds the prices herein offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a public park the fee simple title to certain parcels of land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Parcel No. 67440-44-7 (2013 14th Street): Lot 7, Block 44, Overton Addition to the City of Lubbock, Lubbock County, Texas. Purchase Price - $40,000.00 (FORTY THOUSAND AND N01100 DOLLARS) Parcel No. 67440-44-9 (2017 14th Street): Lot 9, Block 44, Overton Addition to the City of Lubbock, Lubbock County, Texas. Purchase Price - $52,500.00 (FIFTY-TWO THOUSAND AND FIVE HUNDRED AND N01100 DOLLARS) THAT the owner, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock, Texas, the amounts established as the fair market values and total damages, if 7� . any, for fee simple title and acquisition of said parcels of land for the purposes herein stated, for the use and benefit of the City of Lubbock, being the amount hereinabove stated, and that unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said parcels of land as hereinabove described, for public park purposes. Passed by the City Council this 8th day of January , 1981. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Vicki Covey Vicki Covey, Community Development Coordinator APPROVED AS TO FORM: Isl Susan M. Horton Susan M. Horton, Assistant City Attorney *NOTE: Acquisition Appraisal Reviews are filed with original resolution. 81-40-7-17 Resolution No. 681 (20) A resolution accepting street pavingimprovements constructed by Kerr Construction Company onthe 1979 Assessment Paving Program--GWO 10,976 and 10,976A. This matter is for one mile of paving of 82nd Street from Quaker to Slide Road. JCR:pc RESOLUTION NO. 681 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with Kerr Construction Company G.W.O. 10,976 and G.W.O. 10,06-A, for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: Kemper Street from its intersection with the West raw edge of N. Quaker Avenue to its intersection with the existing intersection of N. Salem Avenue known and designated as Sub -Unit Number 85 of Unit Number 2234. 82nd Street from its intersection with a line 30.00 feet East of the East property line of Quaker Avenue to its intersection with a line 30.00 feet East of the East property line of Slide Road known and designated as Sub -Unit Number 1 of Unit Number 2237. N. Raleigh Avenue from its intersection with a line 15.00 feet South of the South property line of Itasca Street to its intersection with the South property line of the alley South of Itasca Street known and designated as Sub -Unit Number 93 of Unit Number 2234. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordanc with terms and specifications of the City as found in G.W.O. 10,976 and G.W.O. 10,976-A. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: 8 JAN s 1981 ------------------------- 81-40:--8-18 (21) N That the improvements on said portions of the abovementioned alleys, streets and/or avenues be in the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portions of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8th day of January , 1981. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Cost Estimate, Cost Distribution and Consolidated Final Estimate are attached and filed with original resolution. Resolution No. 682 A resolution accepting street paving improvements constructed by Kerr Constr6ction Company in Revier Farm Addition (Lots 1 through 125). 11 The City's share for extra width of a collector street is $24,000.37 to be funded from Revenue Sharing funds. The location is outside of Loop 289 and north of llth Place. Eng/pg RESOLUTION NO. 682 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Revier Farm Addition Lots: 1-125 made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Revier Farm Addition Lots: 1-125 including the following streets: Iola Drive from its intersection with a line 22.001 East of the West property line of 9th Drive to its intersection with a line 324.85' North of the North property line of 12th St. known and designated as New Subdivision Sub -Unit Number 75 of Unit Number 2026. Iola Ave. from its intersection with a line 324.85' North of the North property line of 12th St. to its intersection with the center line of 12th St. known and designated as New Subdivision Sub -Unit Number 76 of Unit Number 2026. WA East 1/2 of Iola Ave. from its intersection with the center line of 12th St. to its intersection with a line 107.001 South of the center line of 12th St. known and designated as New Subdivision Sub -Unit Number 77 of Unit Number 2026. 12th Street from its intersection with the East lip line of Iola Ave. to its intersect' with the West lip line of Loop 289 Access Road known and designated as New Subdivision Sub -Unit Number 78 of Unit Number 2026. Genoa Ave. from its intersection with the South lip line of 12th Dr. to its intersecti with a line 65.00' South of the South property line of 12th St. known and designated as New Subdivision Sub -Unit Number 79 of Unit Number 2026. Homestead Ave. from its intersection with the South lip line of 12th St. to its intersection with a line 115.86' South of the South property line of 12th St. known and designated as New Subdivision Sub -Unit Number 80 of Unit Number 2026. Huron Ave. from its intersection with the South lip line of 12th St. to its intersec with a line 65.00' South of the South property line of 12th St. known and designated as New Subdivision Sub -Unit Number 81 of Unit Number 2026. llth Street from its intersection with the East lip line of Homestead Ave. to its intersection with the West lip line of Grover Ave. known and designated as New Subdivision Sub -Unit Number 82 of Unit Number 2026. Hyden Ave. from its intersection with the North lip line of 12th St. to its intersecti with the South lip line of Huron Ave. known and designated as New Subdivision Sub - Unit Number 83 of Unit Number 2026. Grover Ave. from its intersection with the North lip line of 12th St. to its intersect with the South lip line of 10th Drive known and designated as New Subdivision Sub - Unit Number 84 of Unit Number 2026. Huron Ave. from its intersection with the East lip line of Iola Dr. to the South end of the cul-de-sac North of 12th St. known and designated as New Subdivision Sub -Unit Number 85 of Unit Number 2026. Homestead Dr. from its intersection with the East lip line of Iola Dr. to the South end of the cul-de-sac North of 12th St. known and designated as New Subdivision Sub - Unit Number 86 of Unit Number 2026. 10th Drive from its intersection with the East lip line of Iola Dr. to its intersectio with a line 120.00' East of the East property line of Grover Ave. known and designated as New Subdivision Sub -Unit Number 87 of Unit Number 2026. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. up That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8TH DAY OF JANUARY, 1981. ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Don Jennings by EP Don Jennings, City Engineer APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney Isl Bill McAlister BILL McALISTER, MAYOR *NOTE: Consolidated Final Estimate, Cost Estimate and Cost Distribution are attached and filed with original:resolution. on Lon 10 JAB 81-40.-10-19 Resolution No. 683 (22) A resolution accepting street paving improvements constructed by Kerr Const Company in Revier Farm Addition (Lots 126 through 225). The City's share for extra width of a collector street is $12,004.91. JCR:pc RESOLUTION NO. 683 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Revier Farm Addition Lots 126-225 made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Revier Farm Addition Lots 126-225, including the following streets: Ironton Ave. from its intersection with a line 15.00 feet south of south property line of 5th Street to its intersection with the south raw edge of 4th Street known and designated as New Subdivision Sub - Unit Number 65 of Unit Number 2026. 10th Drive from its intersection with a line 15.00 feet south of south property line of 5th Street to its intersection with a line 16.00 feet northwest of the northwest property line of Iola Avenue known and designated as New Subdivision Sub -Unit Number 66 of Unit Number 2026. Iola Ave. from its intersection with a line 44.24 feet south of the south property line of 5th St. to the north end of cul-de-sac south of 4th Street known and designated as New Subdivion Sub -Unit Number 67 of Unit Number 2026. 9th Drive from its intersection with a line 15.00 feet northwest of the northwest property line of Iola Drive to its intersection with a line 44.24 feet south of south property line of 5th Street known and designated as New Subdivision Sub -Unit Number 68 of Unit Number 2026. 5th Street from its intersection with the east lip line of Ironton Ave. to its intersection with the west lip line of Iola Ave. known and designated as New Subdivision Sub -Unit Number 69 of Unit Number 2026. 5th St. from its intersection with the west lip line of Ironton Ave. to its intersection with a line 7.0 feet west of west property line of the alley west of Ironton Ave. known and designated as New Subdivis Sub -Unit Number 70 of Unit Number 2026. Hyden Ave. from its intersection with the north lip line of 9th Dr. to is intersection with a line 7.0 feet north of the north property line of the alley north of 9th Dr. known and designated as New Subdi Sub -Unit Number 71 of Unit Number 2026. 6th St. from its intersection with the west lip line of 10th Dr. to its intersection with the west property line of Lot #205 of Revier Farm Addition known and designated as New Subdivision Sub -Unit Number 72 of Unit Number 2026. Hyden Ave. from its intersection with the east lip line of 10th Dr. to its intersection with the west lip line of 9th Dr. known and designated as New Subdivision Sub -Unit Number 73 of Unit Number 2026. Iola Dr. from its intersection with a line 10.00 feet east of the east property line of the alley east of 9th Dr. to its intersection with a line 22.00 feet east of the west property line of 9th Dr. known and designated as New Subdivision Sub -unit Number 74 of Unit Number 2026. AND WHEREAS, the construction of the above improvements on the above - mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and tion • found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. M That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8th ATTEST: Isl Evelyn Gaffga EVelyn Gaffga, City Secretary APPROVED AS TO CONTENT: Isl Don Jennings by EP Don Jennings, City Engineer APPROVED AS TO FORM: Isl John C. Ross, Jr. John Ross, Jr., City Attorney day of January , 1981. Isl Bill McAlister BILL McALISTER, MAYOR *NOTE: Consolidated Final Estimate, Cost Estimate and Cost Distribution are attached and filed with original resolution. The motion was made by Councilman Aderton, seconded by Councilman Brown to accept the above referenced paving improvements and pass Resolution Nos. 681, 682 and 683 authorizi same. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Adert and Councilwoman Baker voting Yea; none voting Nay. 81-40-11-20 Consider authorizing "Notice to Bidders" for pavingimprovements in West Wind Addition (23) (Lots 233.through 253). West Wind Addition is a new subdivision which includes Auburn Street, a collector street from Elkhart Avenue to Chicago Avenue. The City's estimated cost for extra width on a collector street is $9,962.86. Inasmuch as the City's share exceeds the $3,000 limit, the developer Ken Flagg has authorized the City to advertise for bids. The motion was made by Councilwoman Baker, seconded by Councilman Brown to authorize the above referenced item. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-11121 Ordinance No. 8124 (24) An ordinance to abandon and close a power line easement out of the Southeast Quarter of Section 37, Block A-K, Lubbock County, Texas. This power line easement is located south of Brownfield Highway and north of 50th Street on the west side of Frankford Avenue and is no longer needed by the utility companies. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Or No. 8124 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Nib ORDINANCE NO. 8124 AN ORDINANCE ABANDONING AND CLOSING AN ELECTRICAL POWER LINE EASEMENT LOCATED IN THE SOUTHEAST 1/4 OF SECTION 37, BLOCK AK, LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY DESCRIF HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 1(2 JAN 81-40-12-22 Resolution No. 684 (25) A resolution authorizing the Mayor to.si n _an amendment to contract with the Texas Department of Community Affairs for weatherization services. This is Amendment No. 4 to the original contract with TDCA for weatherizati of homes for low-income, people. The amendment extends the contract one month (January 1981),and adds an additional $6,000. An additional five homes will be serviced with these monies. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution No. 684 authorizing the referenced amendment. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. AA:pc RESOLUTION NO. 684 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 Amendment Number 4 to Contract for Weatherization Assistance for Low - Income Persons, 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 8th day of January , 1 Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Peter Nuckolls Peter Nuckolls, Acting Community Services Supervisor APPROVED AS TO FORM: /s/ Angela Adams Angela Adams, Assistant City Attorney *NOTE: Amendment is attached and filed with original resolution. 81-40-12-23 Ordinance No. 8125 (26) An appropriation ordinance for engineering services for Pump Station #9 (Water Capital Project Fund). The appropriation ordinance is in the sum of $43,627, of which $9,390 is for preliminary engineering costs, leaving a total of $34,227 for design costs. These costs will be funded from the transfer of monies from the Water Revenue Fund to the Water Capital Projects Fund. The construction for the referenced project will be funded from a bond sale later in 1981. ORDINANCE NO. 8125 AN APPROPRIATION ORDINANCE )n WHEREAS, the City Council of the City of Lubbock finds it is necessar., to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. 1'3 81-40-13-24 (27) v c s~ 00 , oa co 00 C�J N Z f1 O 110 J Cr C> crsP N a� UJ There is hereby appropriated out of the following described fund, to -wit: Water Capital Project Fund The sum $43,627 For the following purpose: City`s share in preliminary engineering and design engineering of #9 pump station at Clovis Road and Quaker Avenue. Preliminary engineering Design TOTAL AND IT IS SO ORDERED Passed by the Council on first reading this 8th Passed by the Council on second reading this ATTEST: CITY SECRETARY-TREAS. Resolution No. 685 $ 9,390 34,237 $ 43,627 day of January , 1981. -day of , 1981. MAYOR VERIFIED BY:/s/ J. Robert Massengale FINANCE OFFICER APPROVED BY: /s/Guy Wilson Water Util. for HEAD OF DEPT. DEPT. Consider amendment to engineering contract for two digesters at Southeast Water Reclama Plant, and consider resolution authorizing same. The contract for the inspection services at the Southeast Water Reclamation Plant for the construction of two digesters was not approved by the Texas Department of Water Resources for the reason that the operational manual reflecting the scope and start-up procedures needed to reduced. The step three of the engineering services should be reduced from $152,156 to $140,365. JCR:bs RESOLUTION NO. 685 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 Amendment No. 1 to Agreement 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 Construction Phase (Step III) for two digesters at the Southeast Lubbock Water Reclamation Plant, attached herewith is a copy of said Amendment 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 8th day of January , 1981. /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Guy Wilson for Wilford Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Amendment is attached and filed with original resolution. 14, JAN S QS1 81-40-14-25,_, Ordinance No. 8126 (28) An appropriation ordinance for engineering services for two digesters at Southeast Reclamation Plant (Sewer Capital Project Fund). 81-40-14-,26 (29) This ordinance is in the amount of $140,365, as stated above, and includes $52,477 for a fixed -fee amount and $87,888 for the estimated cost of resident inspection, surveying, testing, etc. The City's portion of these costs were in the 1977 Bond Program. ORDINANCE NO. 8126 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessa to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Sewer Capital Project Fund The sum $140,365 For the following purpose: Cityls share of engineering cost for Step III phase of two digesters at S.E. Reclamation Plant. Fixed Costs $52,477 Variable $87,888 TOTAL $140,365 AND IT IS SO ORDERED Passed by the Council of first reading this 8th day of January , 19 Passed by the Council on second reading this day of , 19 ATTEST: CITY SECRETARY-TREAS. Ordinance No. 8127 VERIFIED BY: Isl J. Robert Massengale FINANCE OFFICER APPROVED BY: Isl Guy Wilson Water Uti for HEAD OF DEPT. DEPT. An appropriation ordinance for preliminary engineering services for variou water line projects (Water Capital Project Fund). This ordinance is in the amount of $15,000 for preliminary engineering costs for various water lines project to include the Sandhills Well Field, distribution lines from Pump Station No. 9 to 4th Street and Frankford Avenue, distribution lines from the Water Treatment Plant to Pump Station No. 4, and distribution line from Memphis Avenue, 82nd Street to 98th Street. ORDINANCE NO. 8127 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriat certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: WATER CAPITAL PROJECT FUND The sum $15,000 For the following purpose: Cover preliminary expenses for engineering for water lines from 82nd St. and Memphis Ave. to 98th St. and Memphis Ave., from #9 pump station tooth St. and Frankford, and from water treatment plant to #4 pump station and in the Sandhills Well Field. AND IT IS SO ORDERED Passed by the Council on first reading this 8th day of January 1981. Passed by the Council on second reading this day of 1981. ATTEST: MAYOR CITY SECRETARY-TREAS. VERIFIED BY: Isl J. Robert Massengale FINANCE OFFICER APPROVED BY:/s/ Guy Wilson Water Util. for HEAD OF DEPT. DEPT. 81-40-15-27 Resolution No. 686 (30) A resolution accepting water and sewer improvements in Shadow Hills Addition, Lots 1- 187, Tracts A and B. The total cost of these improvements was $270,416.44. The refund due the developer is in the amount of $72,706.67 in compliance with Chapter 34 of the Code of Ordinances. RESOLUTION NO. 686 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THROUGH 187 AND TRACTS A AND B, SHADOW HILLS ADDITION. WHEREAS, the developer of Lots 1 through 187 and Tracts A and B, Shadow Hills 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 ac- cordance with paragraph 61 of said Chapter 34, and WHEREAS, the total utility cost of the developers is $270,416.44 with the improvements constructed by Holloway Contracting Co. having a value of $198,351.37 as determined by the unit prices established by said Chapter 34, and $72,065.07 cash paid to the City, with Howell G. Killgore, the developer, to receive a refund of $72, 706.67 in accordance with Chapter 34 of the Code of the City of Lubbock, and, 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, 16 A N NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I 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 Lubbo 2. That the refundable cost in the amount of $72,706.67 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8TH DAY OF JANUARY, 1981. /s/ Bill McAlister Bill McAlister, Mayor ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Guy Wilson for Wilford D. Watson , Chief Water Utilities Engineer Isl Susan M. Tom Susan M. Tom, Asst. City Attorney There being no discussion and no opposition, the motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8125 on first reading; to pass Resolution No. 685 authorizing the amendment to the engineering contract, as stated above; to pass Ordinance No. 8126 and 8127 on first reading; to pass Resolution No. 686 accepting the water and sewer improvements in Shadow Hills Addition. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwot Baker voting Yea; none voting Nay. 81-40-16-28 Consider accepting construction improvements to the Airport entrance and (31) service road, and authorize final payment to contractor (ADAP Project #6- 48-0138 7,112 ). The improvements to the Airport entrance and service road Project #6-48- 0138-14, Contract No. 2 has been completed and has been inspected by the FAA and approved by the Airport Board at their December 17 meeting. The one exception to total completion is the matter of landscaping and grass seeding, for which $28,551.60 has been retained, pending completion of this phase. The final contract amount is $698,039.78, the sum of $9,992.47 less than the original contract amount. The final payment to the contractor will be in the sum of $75,171.20, plus the $28,551.60 retained for landscaping, said monies to be released upon completion of this phase. 81-40-16-29 Resolution No. 687 (32) A resolution authorizing the Mayor to execute a Lease Agreement with Air Midwest for additional space at Lubbock International Air Terminal. Air Midwest Airlines requested to lease some additional space in the Terminal for the storage of supplies and equipment. The space involves 96 square feet at a rate of $8.25 per square foot per year. The lease is on a month -to -month basis, not to exceed five years, and may be terminated upon 30-day notice. The rental amount is $66 per month. The Airport Board has approved this request and recommends favorable action. 17 ALA: p c RESOLUTION NO. 687 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 Space Lease Terminal Agreement between the City of Lubbock and Air Midwest, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of January 1981. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: Isl Angela Adams Angela Adams, Assistant City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENT: SPACE LEASE TERMINAL AGREEMENT THIS AGREEMENT, entered into at Lubbock, Texas by and between the CITY OF LUBBOCK, hereinafter referred to as "LESSOR", and AIR MIDWEST, INC., a corporation incorporated under the laws of the State of Kansas with its principal office at Wichita, Kansas, hereinafter referred to as "LESSEE". WHEREAS, LESSOR owns and operates a public airport designated as LUBBOCK INTERNATIONjL AIRPORT herein called "AIRPORT", and WHEREAS, the LESSEE desires to lease a certain area, described herein, for office space; and WHEREAS, LESSEE is currently operating at the Airport under the Certified Passenger Airline Lease of 3-27-80 and both parties hereto agree that this Space Lease Terminal Agreement shall, in no way affect either parties rights, privileges, liabilities, restrictions, duties or responsibilities under said Certified Airline Lease of 3-27-80, and WHEREAS, it is agreed that this agreement shall be subordinate to the provisions of any existing or future agreement between the LESSOR and the United States relative to the operation and maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the Airport; and WHEREAS, all right, privileges and interests acquired herein by LESSEE at the option of the LESSOR, following written notice of thirty (30) days, may be suspended or finally terminated if such suspension or termination is found by the LESSOR, acting in good faith, to be necessary to secure federal financial aid for the development of the Airport, or further development and provisions of aeronautical operations thereon; and, ARTICLE I NOW THEREFORE, for and in consideration of the covenants and conditions herein contained and other valuable consideration the LESSOR authorizes the LESSEE to exercise the rights, powers and privileges hereinafter set forth and does hereby lease to the LESSEE the premises hereinafter described and being: An enclosed area underneath Jet Way Number 5 which constitutes 96 square feet, as shown on "Exhibit A" attached hereto and made a part hereof for all purpose. The term of this agreement shall be from month to month for a period not to exceed five years. Either party hereto may terminate this agreement upon thirty (30) days written notice to the non -terminating party. ARTICLE II In consideration of the rights and privileges herein granted, LESSEE shall pay to the LESSOR a rental rate of $8.25 for 96 square feet, i.e. $66.00 per month. The • aforesaid rental rate of $8.25 is broken down as follows: $5.63 - fixed fee to cover debt service and $2.62 - maintenance and operation. The $2.62 maintenance and operation portion is subject to adjustment every three years to reflect actual cost, however, in no event shall it exceed the CPI changes for the same three year period. ARTICLE III This lease is granted subject to the following provisions and conditions: 1. The lease herein granted is subject to any and all applicable laws, ordinances, rules and regulations pertaining to the Lubbock Airport. 2. The LESSEE shall not make, permit, or suffer any additions, improvement or alterations to the property without prior written consent of the LESSOR. Any such additions, improvements or alterations made with the consent of the LESSOR shall be solely at the expense of the LESSEE and unless such consent provides specifically that title to the addition or improvements so made shall vest in the LESSEE, title thereto shall at all times remain in the LESSOR and such additions or improvements shall be subject to all terms and conditions of this instrument. The LESSEE agrees to hold the LESSOR harmless from mechanic's and materialman liens arising from any additions, improvements, repairs or alterations effected by the LESSEE. 3. The LESSOR, acting by and through the Director of Aviation, or other designated representative shall have the right to inspect the property at all reasonable times during the term of this license. 4. The LESSEE agrees that it will at all times during the term of this license maintain in good and serviceable condition all land, improvem( facilities and equipment included herein, ordinary wear and tear excepted. 5. Except as provided herein, any property of the LESSOR, or for which the CITY may be responsible, which is damaged or destroyed incident to the exercise of the privileges herein granted shall be properly repaired or replaced by the LESSEE to the satisfaction of the LESSOR and its authorized representatives, or in lieu of such repair or replacement, the LESSEE shall, if so required by the LESSOR, pay to the LESSOR money in any amount deemed sufficient by the LESSOR to compensate for the loss sustained or expenses incurred by the LESSOR by reason of the loss of, damage to, or destruction of such property. 6. The LESSEE agrees to indemnify, defend and forever save the LESSOR, their authorized agents, representatives and employees, harmless from and against any and all penalties, liability, annoyances, or loss resulting from claims or court action of any nature arising directly or indirectly out of any acts or omissions of the LESSEE, his agents, servants, guests, employees or business visitors under this agreement. 7. The LESSEE shall maintain at all times, as its sole expense, insurance with an insurance underwriter acceptable to the LESSOR and from one authorized to do business in the State of Texas, against claims of public liability and property damage resulting from LESSEE'S business activities at the Airport. The amount of insurance coverage shall be not less than FIFTY THOUSAND DOLLARS ($50,000) for property damage as a result of any one event, or less than ONE HUNDRED THOUSAND DOLLARS ($100,000) for personal injury or death of any one person in any one event; or less than THREE HUNDRED THOUSAND DOLLARS ($300,000) for personal injury or death of two or more persons in any one event. Certificates of insurance or other satisfactory evidence shall be filed with the City Secretary and an additional copy given to the Director of Aviation prior to entry upon the premises by the LESSEE. Each policy shall name the LESSOR, CITY OF LUBBOCK, as an additional insured as its interest may appear. Each policy shall provide "It is agreed that insurer shall notify the CITY OF LUBBOCK, TEXAS, of any alteration, renewal or cancellati of this policy and that this policy shall remain in full force and effect until ten (10) days after such notice is received by the Director of Aviation. 8. LESSEE shall furnish to the LESSOR satisfactory evidence that it carries Workmen's Compensation Insurance in accordance with the laws of the State of Texas. 9. Within 30 days following the date of expiration or termination of this agreement, the LESSEE shall as required by the LESSOR, vacate said premises, remove all property of the LESSEE and restore the land, improvements, facilities and equipment included herein to as good condition on such date of expiration or termination as when received, ordinary wear and tear excepted. If the LESSEE shall fail or neglect to remove said property and so restore the land, improvements, facilities and equipment included herein, within 30 days of said expiration or terminatiol then at the option of the LESSOR said property shall either become the property of the LESSOR without compensation therefor or the LESSOR may cause the property to be removed, the land, improvements, facilities and equipment included herein to be restored at the expense of the LESSEE and no claim for damages against the LESSOR or its officers, agents, or employees shall be created or made on account of such removal and restoration. ts, 19, 10. The LESSEE, its agents and employees will not discriminate against any person or class of persons by reason of sex, race, color, creed or national origin in providing any services or in the use of any of its facilities provided for the public, in any manner prohibited by the Federal Aviation Regulations. The LESSEE further agrees to comply with such enforcement procedures as the United States might demand that the LESSOR take in order to comply with the Sponsor's Assurances (CITY). LESSEE agrees to not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin. The LESSEE agrees to take affirmative action to insure that applicants are employed and that employees are tested during employment without regard to their race, creed, color, sex or national origin. Such action shall include, but not be limited to employment, upgrading, demotion, or transfer, recruitment, layoff, rates of pay or other forms of compensation, and selectiol 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 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. 11. The LESSEE warrants that it has not employed any person employed by the LESSOR to solicit or secure this Lease Agreement upon any agreement for a commission, percentage, brokerage, or contingent fee. 12. Except with prior written consent of the LESSOR the LESSEE shall not sublet any part of the premises or assign the license or any of its rights hereunder. 13. The failure of the LESSOR to insist in any one or more instance upon performand of any of the terms or conditions of this license shall not be construed as a waiver or relinquishment of the future performance of any such term or conditions but the LESSEE'S obligation with respect to such future performance shall continue in full force and effect. 14. LESSEE shall provide a complete and proper arrangement for the adequate sanitary handling and disposal away from the Airport, of all trash, garbage and other refuse caused as a result of the operation of its business at its sole expense. 15. LESSEE agrees that the LESSOR shall have, and it hereby grants the LESSOR a lien on all LESSEE'S property of whatsoever nature placed in or upon the premises, to guarantee the payment of any and all arrearages. 16. Except for exterior building and structural maintenance by the City, as provided hereinafter in Article IV, LESSEE shall be obligated, without cost to City, to maintain its exclusive leased premises and every part thereof. ARTICLE IV City shall be responsible for and shall perform exterior building maintenance and structural maintenance throughout the Leased Premises and, at no additional charge, provide maintenance of mechanical and electrical systems installed by the City. City shall not, however, be required to perform maintenance and make repairs occasioned by the negligence of LESSEE or its employees, agents, servants, patrons, and invitees, in which case the City may perform such maintenance or make such repairs as necessary and charge the costs of the same to the LESSEE, provided LESSEE has failed to perform such maintenance or make such repairs within a reasonable time after a request in writing from the City to do so. Executed this 8th day of January , 1981. AIR MIDWEST, INC. CITY OF LUBBOCK, TEXAS Isl Gary M. Adamson Gary M. Adamson, President ATTEST: Isl Catherine J. Strack Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: Isl Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: Isl Angela Adams Angela Adams, Asst. City Attorney *NOTE: Exhibit A - Main Level Plan - is attached and filed with original lease agreeement and resolution. 20 JAN 8 1981 81-40-20-30 Resolution No. 688 (33) Consider extension to contract with Hart and Johnson Advertising Agency, and consider resolution authorizing same. Hart and Johnson Air Terminal Advertising Company currently has a contrac� with the City, said contract expiring September 30, 1982. They wish to make improvements in the hotel/motel reservation board and a display of additional baggage carousel signs, and have requested a five-year extensi( to the existing contract in order to amortize these improvements. The Airport will receive 50% of the gross sales which is estimated at $15,600 annually. The Airport Board has approved this request and recommends favorable action. AA:bs RESOLUTION NO. 688 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Addendum to an Agreement for Professional Services with Hart and Johnson Advertising Company, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of Janua Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: Isl Angela Adams Angela Adams, Assistant City Attorney ADDENDUM NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES DISPLAY ADVERTISING WHEREAS, the City of Lubbock, herein called the City, and Hart and Jc son Advertising Company of Texas, herein called the Agent, entered into an Agreement for Professional Services on January 1, 1977; and WHEREAS, the original term of that Agreement began on October 1, 1977 and extended for a period of five years ending on October 1, 1982; and WHEREAS, the City and the Agent are desirous to extend the term of the above -referenced agreement; Both parties agree that the term of the Agreement for Professional Services - Display Advertising - of January 1, 1977, is hereby extended 21 for an additional 1987. Executed this five year period to begin on October 1, 1982 and end on October 1, 8th day of — January , 1981. HART AND JOHNSON ADVERTISING COMPANY OF TEXAS BY: Isl Charles F. Hodge Title: President CITY OF LUBBOCK, TEXAS BY: Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga. Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: Isl Angela Adams Angela Adams, Assistant City Attorney *NOTE: Original agreement for Professional Services Display Advertising is attached to Addendum and and filed with original resolution. There being no discussion, the motion was made by Councilman Brown, seconded by Councilwoman Baker to accept the construction improvements to the Airport entrance and service road, retaining the stated sum until landscaping procedures have been completed; to pass Resolution No. 687 authorizing the lease agreement to Air Midwest for additional space; and to pass Resolution No. 688 granting an extension to the existing contract with Hart and Johnson Advertising Agency, as stated above. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-21-31 Resolution No. 689 (34) A resolution authorizing the City Secretary to forward an official ballot indicating the choices of the City Council of the City of Lubbock for three positions on the Board of Trustees of the Texas Municipal League Workers' Compensation Joint Insurance Fund. Article VI of the Bylaws of the Texas Municipal League Workers' Compensation Joint Insurance Fund stipulates that all board member positions are subject to election by members of the fund. The City of Lubbock being a member, is entitled to cast one ballot indicating their choice candidates. The motion was made by M[ayor Pro Tem Henry, seconded by Councilwoman Baker to cast on the official ballot for the City 'of Lubbock the following names to serve as members on the Board of Trustees, Texas Municipal League Workers' Compensation Joint Insurance Fund: Richard D. Brown Executive Director, TML, Austin Betty McKean Director of Personnel, Denton George L. Nicholas Treasurer, Houston Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 22 JAN DGV/pg RESOLUTION NO. 689 WHEREAS, the City Council of the City of Lubbock believes that it is in the best interests of the City of Lubbock to cast a vote on behalf of the City of Lubbock for those candidates for the Board of Trustees of the Texas Municipal League Worker's Compensation Joint Insurance Fund that are favored by the City Council of the City of Lubbock, NOW THEREFO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary of the City of Lubbock is hereby authorized and directed to complete and forward to the Texas Municipal League Worker's Compensation Joint Insurance Fund an official ballot reflecting a vote in favor of the following candidates for the three expiring board of trustees positions: RICHARD D. BROWN, Executive Director, TML, Austin BETTY McKEAN, Director of Personnel, Denton GEORGE L. NICHOLS, Treasurer, Houston Passed by City Council this 8th day of January -5 1981. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Bob Cass Bob Cass, Administrative Assistant APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney 81-40-22-32 ordinance No. 8128 (35) An ordinance authorizing homestead tax exemption for disabled persons. At the December 18, 1980 Work Session, the Council by consensus approved granting a homestead exemption to disabled persons in the amount of $10,000. To qualify for the disabled exemption, under the provisions of the law, "residents homesteads of persons, married or unmarried, includi those living alone, who are under a disability for purposes of payment of disability insurance benefits under Federal Old Age, Survivors, and Disability Insurance, or its successor" would qualify. Those persons with residents homesteads that can prove disability by other means may receive the exemption at the discretionary judgment of the Tax Assessor - Collector. The law does not allow a taxpayer to claim an exemption for disability and for the over-65 exemption in the same year. This comes effective on the tax statements mailed in September 30, 1981. By granting the $10,000 exemption, equivalent to that mandated to the schools, the City tax base will be reduced to $3,250,000 and tax revenues will be reduced by $21,450. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Ordinance No. 8128 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Council Baker voting Yea; none voting Nay. ORDINANCE NO. 8128 AN ORDINANCE AMENDING THE TAXATION CHAPTER OF THE CITY OF LUBBOCK TO PROVIDE FOR A HOMESTEAD EXEMPTION FOR DISABLED PERSONS. 23 81-40-23-33 Ordinance No. 8129 (35A) An ordinance to codify homestead tax exemption for persons over 65 years of age. In 1974, the Council approved the tax exemption of $3,000 for residents homesteads of people over 65 years of age. In 1978, the City Council increased this exemption amount to $10,000 market value. These actions were taken in the budget work sessions and were approved as a part of the budget when the budget ordinance was approved. The referenced ordinance is a housekeeping procedure, whereby the above information can be properly codified. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Ordinance No. 8129 granting homestead exemption to persons over 65 years of age in the amount of $10,000. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ORDINANCE NO. 8129 AN ORDINANCE AMENDING THE TAXATION CHAPTER OF THE CITY OF LUBBOCK TO CODIFY THE HOMESTEAD EXEMPTION FOR PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER. 81-40-23-34 Resolution No. 690 (36) A resolution authorizing the Release of water pro rata lien to Willie Judie. Mr. Judie has satisfied all the requirements related to referenced lien. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution No. 690 authorizing the water pro rata release to Willie Judie. Motion carried: Mayor McAlister, Mayor Pro Tem, Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMH:bs RESOLUTION NO. 690 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Release of Lien for water pro rata, said lien being filed of record at Volume 125, Page 168 of the Mechanic's Lien Records of Lubbock County, Texas, 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 8th day of January 1981. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Charles Northington Charles Northington, Chief Accountant APPROVED AS TO FORM: Isl Susan M. Horton Susan M. Horton, Assistant City Attorney 24 JAN THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK WHEREAS, on the 7th day of January, A.D., 1964, Willie Judie of the County of Lubbock, State of Texas, did execute, acknowledge and deliver to the City of Lubbock, Texas a certain contractual agreement and lien upon and against certain real property and improvements, if any, thereon for water pro rata, described as follows, to -wit: Lot 1, Block 10, Phyllis Wheatley Addition, Lubbock, Lubbock County, Texas. Which said agreement and lien of record is of record in Volume 125, on page 168, of the Mechanics Lien Records of Lubbock County, Texas, to which instrument reference is here made; and WHEREAS, said debt, lien and obligations secured thereby have been fully paid off and satisfied to the said City of Lubbock, Texas, the legal and equitable holder and owner of such debt, obligation and lien: NOW THEREFORE: In consideration of the premises, of the payment of such debt and obligations, and other good and valuable cash consideration, the receipt of which is hereby acknowledged, the City of Lubbock, a Home Rule Municif Corporation of Lubbock County, Texas, has this day, and do by these presents, RELEASE, DISCHARGE, and QUITCLAIM unto the said Willie Judie and his heirs (successors) and assigns, the contractual lien heretofore existing upon the above described premises under and by virtue of the above described instrument, and declare such lien fully released and cancelled. EXECUTED this 8th day of January -, 19 81 THE CITY OF LUBBOCK, TEXAS BY: Isl Bill McAlister ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary - Treasurer Mayor APPROVED AS TO FORM: Isl Susan M. Horton Susan M. Horton Assistant City Attorney 0112 Isl Charles Northington Charles Northington Chief Accountant THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubb)ck County, Texas, on this day personally appeared BILL McALISTER, known to m to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and conside ation therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 9th day of January 11 _1><t)E31 Isl Olivia R. Solis Notary Public, Lubbock County, T My commission expires 12/5/81 25 81-40-25-35 (37) 81-40-25-36 (38) 81-40-25-37 (39) 81-40-25-38 (40) 81-40-25-39 (41) 81-40-25-40 (42) 81-40-25-41 (43) Bid No. 6128 for trencher with boring attachment (Street Lighting Dept.). Low Bidder Glover Equipment Company, Lubbock, TX ($11,248.85) Bid No. 6142 for service body and aerial lift device (Electric Distribution). Director of Purchasing Floyd Nesbitt indicated there were exceptions taken regarding this bid, which had been approved by the Department. Low Bidder Utility Equipment Company, Oklahoma City, OK ($13,075.00) Bid No. 6147 for three mowing units (Parks & Recreation). Low Bidder Farmers Supply, Lubbock, TX ($27,270.00) Bid No. 6154 for miscellanous fire equipment (Fire Dept.). Item 1 Halprin Fire Equipment Company, Los Angeles, CA Item 2 DELETED Item 3 Daco Fire Equipment, Lubbock, TX Bid No. 6068 for insulation material (Community Services). Low Bidder Insulation Supply, Lubbock, TX ($3,379.60) In response to Council query as to the specifications for this insulation material, Director Nesbitt indicated he believed that it was an R-19 factor, which had been approved by the Building Inspection Official. Bid No. 6173 for pumping system (Parks & Recreation). Low Bidder Submatic Inc., Lubbock, TX ($24,087.50) Director Nesbitt indicated that the above referenced bids were the low bidders and met specifications with the stated conditions, above. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve Bid Nos. 6128, 6142, 6147, 6154, 6068 and 6173. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Bid No. 6151 for catered meals to Senior Citizens (Parks & Recreation) (CD funds). Low Bidder Tice Food Service, Lubbock, TX ($1.65 per meal) Councilwoman Baker queried if the bid was for a standard meal, to which Director Weston responded that the specifications were for a standard menu using the commodities received from the Texas Department of Agriculture. The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve Bid No. 6151. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (The use of the stated CD funds is erroneous.) The Council recessed at 10:25 a.m. to consider matters on the Work Session, to consider Board Appointments, to hold Executive Session, and will reconvene following the luncheo hour. 81-40-25-42 Consider two appointments to the COMMUNITY DEVELOPMENT ADVISORY COMMITTEE, to fill the (44) unexpired terms of Mrs. Eloise A. Elliott (Sector III) and Dr. Phil Hamilton (Sector V), both of whom have resigned. Sector III: Fourth St. on the North, 34th St. on the South Avenue Q on the East Quaker Ave. on the West. Sector V: 34th St. on the North; Indiana on the East, 26 JAN s Sector III Mrs. Ruth Douglas 1714-30th 744-2053 to fill the unexpired term of Eloise Elliott Sector V Keith V. Samples 4706-62nd 797-9582 Asst. Athletic Direc. Texas Tech 742-3315 to fill the unexpired term of Dr. Phil Hamilton Said terms expiring 5/31/81 81-40-26-43 Consider two appointments to the CEMETERY BOARD. The terms of Dottie (45) Johnston and Wm. 0. Linn expire 1/8/81. Reappointed: Dottie Johnston 4514-13th 799-0615 (Mrs. Joe Bob) Wm. 0. Linn 3203-46th 795-2502 918 E. 34th 744-4818 Term: 5 years, said terms expiring 1/8/86 81-40-26-44 Consider one appointment to the CIVIL SERVICE COMMISSION. The term of (46) Joe Minkjey expires 1/29/81. Reappointed: Joe Minkley 3516-44th 799-6504 FNB 1500 Broadway 765-8861 Term: 3 years, said terms expiring 1/29/84 81-40-26-45 Consider two appointments to the LUBBOCK CITY -COUNTY LIBRARY BOARD. (47) The term of Clarence Priestly and Louise Cummins expired 12/31/80. Reappointed: Clarence Priestly 2801 Vanda 763-8876 Mrs. Louise Cummins 6511 Peoria 799-7812 Term: 3 years, said terms expiring 12/31/84 The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the above referenced appointments. Motion carried: Mayor McAlister, Mayor Pro Tem, Henry, Councilmen Brown and Aderton and Counci Baker voting Yea; none voting Nay. 81-40-26-46 Hold a public hearing to consider recommended Projects for 1981-82 (14) Community Development annual application. In accordance with the NOTICE OF PUBLIC HEARING published in the Lubbock Avalanche -Journal, bilingually, on December 28, 1980, a public hearing was held on the above matter. Approximately 90 persons were in attendan Mayor McAlister opened the hearing and stated the procedures that would be followed, that is, Director of Planning Jim Bertram would give an update of the proposed projects, followed by comments of Chairman of the Community Development Advisory Committee (CDAC) Shelton Berry, and then any citizen wishing to speak in favor of or in opposition to any of the proposed projects would be allowed to do so. Director Bertram summarized the discussion of the Council following the first public hearing held December 11, 1980, and by consensus, the Council designated the following proposed projects for consideration, 27 adding to the list of projects the matter of paving E. 19th Street between the Loop and Quirt, as well as the matter of allocating funds for engineering services at the E. 34th Street and Quirt Avenue grade separation. These two items were not recommended by the citizens At the neighborhood meetings, nor were they recommended by the CDAC. The projects are: Residential Rehab 646,035 Arnett Benson Rehab 580,417 Meadowbrook Rehab 44,612 Elliston Addn. Rehab 0 Phyllis -Wheatley Redevelopment 286,438 Posey Rehab 292,498 Stubbs Rehab 0 TOTAL URBAN RENEWAL PROGRAM 1,850,000 South Overton Park Acquisition (2 parcels) 95,000 Canyon Lake clean-up 35,000 E. 19th St. paving 230,000 Weatherization program 25,000 CDBG Code Enforcement 130,000 Intensified Code Enforcement 72,000 Senior Citizens nutrition program (supplement to existing grants) 39,300 Rodgers Senior Citizen Center 192,000 Lake 6 - Canyon Lake south road construction 150,000 Restrooms throughout the Canyon Lake Area 60,000 E. 34th St. and Quirt Avenue grade crossing (Eng. Serv.) 300,000 CD Admnistration 97,500 Indirect costs 43,314 Contingency 161,886 TOTAL 3,481,000 As very high priority for contingency funds which become available June 1, the Mental Retardation Services program (MHMR) should be considered at that time. Mr. Bertram continued: regarding the Housing Assistance Plan of 1981-82 under the direction of the Urban Renewal Agen ' cy, the proposed projects included Arnett -Benson, Posey and Phyllis Wheatley areas to include repair, replacement or demolition and relocation of occupants, the established goal being 116 units; that the proposed funding would permit completion of only 91 units. It was the staff's recommendation rather than acquire and demolish twenty-five of the units in the Phyllis Wheatley area, most of which are unoccupied, substandard or tenant -occupied, it would be economically feasible to relocate those tenant -occupied units and request the City Housing Standards Commission to red -tag these substandard units, which in turn would be demolished. This would allow the Urban Renewal Agency to comply with their goal of 116 units, without excessive expenditures in acquisition of units that are to be demolished anyway. With respect to the requested funding for security patrol at Green Fair Manor and Hub Homes, Director Bertram indicated they had been informed by the regional representative of HUD that neither housing development qualifies for CD funding, for the reason that the comprehensive improvement program is not in effect at either location. With respect to the requested funding for NEIGHBORHOOD HOUSE, Director Bertram indicated that this project is being funded presently by United Way (11.8%), federal programs (17.7%) and religious organization support (70.5%), and there is some concern about the City becoming supportive for a project whose funding is primarily coming from religious organizations. The previous question about the City being required to be the owner of the premises on which the new construction is to be placed, has been apparently resolved by the present owner's consensus to dedicate the property to the City; but reservations still remain from the staff/administration point of view. With respect to the requested funding by the Lubbock Economic Advancement Development group (LEAD), this request is ineligible because the City does not have in effect an economic strategy plan, which is the main prerequisite to CD funding. The Council would need to make some decision about the need for such a plan and issue some directi to the staff regarding conducting the proper study resulting in such a plan. As an alternative, such a plan does exist through SPAG, and possibly the City could work through this governing agency which might qualify such requests in the future -- the staff should be directed to pursue this route, if the Council so desires. M Shelton Berry, Chairman of CDAC, appeared before the Council and express his personal viewpoints, and those of the CDAC, reminding the Council of the long hours all members of the CDAC had invested in attending neighborhood meetings, evaluating the citizen requests, establishing priorities and re-evaluating each item; that to have the Council's consensus, to insert two expensive items following the first public hearing, the completion of which is not in the foreseeable future, totally ignored the recommendations of the CDAC, said recommendations being the reflection of the citizen needs and desires, was not only disappointing to him, but unacceptable to him, personally, and to the CDAC as a whole; that admittedly the E. 19th Street and the E. 34th Street projects were worthy projects, but they are so extensive and of such long range before completion could be achieved; that these CD monies could benefit the citizens in those same areas within the year, and these projects should be funded from bond funds or some other source, and not from the Community Development monies. In summation, Mr. Berry indicated that the entire CDAC felt their hours of long, hard work had been wasted. Mayor McAlister responded that the Council did appreciate the CDAC efforts and long hours spent on this matter, and the recommendations were not taken lightly, as Mr. Berry indicated. Mayor Pro Tem Henry responded to Mr. Berry to the effect that in the future, possibly the Chairman of the CDAC should be present at the work sessions where these proposed items were discussed to allow for CDAC input and interpretation of the deliberations of the CDAC and the neighborhood meetings. Also, possibly the CDAC should be apprised of the decision -making process of the Council prior to the second public hearing, and the reasons therefor. In essence, possibly closer communical between the Council and the CDAC should be achieved. Appearances: Maurine Robinson, 1901 E. lst Mary Quigley, 1917 E. Baylor T. J. Patterson, 2405 Globe Eddie P. Richardson, 510 E. 23rd Dr. Richard W. Eddige, Texas Tech Medical Sc George Nelson, Chairman, Urban Renewal Agen( and member, CDAC Rose Wilson, 212 - 51st Ed Curry, 6109 Kenosha Matt Matthews, 2009 E. 13th Temple Taylor, 2810 Weber Dr., Apt. B Lucille Davis, 2808 Weber Dr., Apt. C Doris Williams, 2810 Weber Dr., Apt. C Alberta Swain, 1303 E. 14th St. Weldon Ferguson, 5403 74th St. Albert Lindley, 3308 40th St. Tony Maddux, 1210 Texas (MHMR, Exec. Dir.) Travita Darrow, 3309 - 37th St. Julian Simpson, 2319 - 58th St. Clark N. Ross, 5526 - 35th St. Carolyn Gilbert, 2009 Date Juanita King Ms. Robinson appeared on behalf of residents in the Cherry Point area requesting funds for improving the area to provide playgrounds for the children, other recreational facilities (skating rink, bowling alley) and to provide a rehabilitation program for the housing units. Mr. Patterson spoke on behalf of the East Lubbock group requesting the grade separation at 34th St. and Quirt Avenue; that this matter first was discussed in 1970 shortly after the tornado and it has been placed on the back burner since then; that the time is now to give it priority consideration, and the engineering services needed to establish the design phase of the entire project was a step forward. His comments were supported by those of Mr. Richardson, also a member of that group of citizens. Dr. W. Eddige appeared on behalf of Neighborhood House where he serves as Psychologist; that his participation in the program at this facility clearly reflected the many needs in the area and the expansion as indicated was vital to the on -going programs, primarily for children and youth. Mr. Nelson expounded at great length regarding the Council's position of considering two unrecommended items, thus totally ignoring the CDAC's hard work and efforts in this entire process; that while the merits of each of these projects were not subject to argument, there were three main reasons why CD funds should not be used: it is in effect allocating an additional $530,000 of contingency funds for 1981- 82, and these projects require bond use funds as approved by the voter; 0 we, that the allocation of these funds directly affect the health and safety of low- income citizens, by those items recommended by the CDAC being deleted; that costs for these projects should be included in the bond issue and not the utilization of CD funds. Mr. Nelson further stated that these matters were matters of value judgment and to take $300,000 from the program where there are no other sources to secure funds is a travesty and total misplacement of values; that the CDAC is concerned for the people --their safety, health and welfare. He concluded his comments by urging the Council to delete the East 19th St. and East 34th St. projects, to call a bond election for these projects and leave the CD funds for people -oriented projects. Ms. Wilson appeared on behalf of the Mae Simmons Center, citing that it was in a very run-down condition; that the heating system was defective and inoperable most of the time; that the restrooms are a disgrace to the community; that a good paint job as well as multiple repairs are needed. Mr. Curry appeared as representative of the Good Neighbor Ministries, on behalf of Neighborhood House, it being a people -oriented facility, filling a great need in the area. Matt Matthews, Executive Director of Neighborhood House, appeared once again and restated many of the points that he stated at the first public hearing --its program, its needs, its services, its worthiness; that the owners of the property are amenable to dedicating the property the City to comply with HUD's requirements; that this is a one -time -only request for funding. Ms. Taylor appeared as a resident of Green Fair Manor requesting funding for repair and maintenance of the housing units; there is need for insulation, for lighting repairs, for playgrounds; that the utilities were high because of poor condition of units requiring excessive heating. Ms. Davis also issued complaints about the conditio of the units, and little of any progress ever seemed to be made; that the Housing Authority worked on the same units in the same location all the time and did not spread the repairs and,improvements around to all of the tenants. Ms. Williams supported these comments by offering photos of the conditions within the apartment units; that the Council seemed unconcerned about the welfare of these residents. Mayor McAlister responded to these ladies by taking exception to the statement that the Council was unconcerned; that they would confer with authorities at Green Fair Manor as to the validity of these statements and call these complaints to their attention. He did inform these citizens that the Housing Authority was a local independent agency and not within the jurisdiction of the Council, although they would be glad to meet with them regarding these irregularities. The Mayor also commented that the security patrol was ineligible for funding because the facility was not involved in a comprehensive renovation program, which is a HUD requirement. Mr. Bertram had alluded to this previously. ' Mr. Ferguson appeared on behalf of the South Plains Association of Mentally and Physically Handicapped regarding the need for the funding for the Mental Retardation Services project and the need for the new facility on Avenue H to be expanded, primarily to provide a sheltered workshop for those citizens able to perform basic trade duties within a structured environment; that the only facilities available to this type of patient were Milam and Ballenger Schools, the age limit being 22 years. Also present to support his comments were many parents whose family members would benefit from this expanded program. Mr. Lindley appeared on behalf of Neighborhood House and supported previous comments. Mr. Maddux appeared on behalf of the MHMR request, restating his position as presented at the first public hearing on December 11. He did itemize their plans for expending the $80,000 requested contingency funds: $40,000 - sheltered workshop; $25,000 - general renovation; 10,000 - paving and developing of parking area; 5,000 - swimming pool used for therapeutic purposes. He further stated that their services encompass the county and school as well as the City and there is need to develop a local community -center concept for these patient/ participants. In response to Council query, Mr. Maddux indicated the property, which is owned by the Assemble of God Church, is being leased for 20 years, the administrative officials of the Church retaining a small portion of the building "up front" for office space; that there is an arrangement that at the end of the lease, the property would be donated to MHMR. At this time, a state -funded agency cannot purchase any real property such as is involved in this case. There is proposed legislation which will remove this limitation. Ms. Darrow again appeared on behalf of LEAD, and urged the approval of an economic strategy plan for the City, citing the needs for such a plan as it relates to minorities; she also stated that the 5:30 p.m. hour at which the first public hearing was held was more amenable for citizens to attend and participate at these hearings. Mayor McAlister indicated to Ms. Darrow that the City was working with SPAG who is working on an economic development plan, whereby the City could participate. Mr. Simpson, a member of the Housing Authority Board, appeared on behalf of the security patrol program at Green Fair Manor citing its need to curtail vandalism of property, and provide security for the residents; that they were implementing an "in- 30 JAN 6 198, they only needed $5,500 for the months of April and May, 1981, this providing security for eight hours each day (5:00 p.m. to 1:00 a.m.); that contingency funds could be used for this purpose; that this small portion would allow them time to implement the new security program. Mr. Ross appeared as a member of the Women's Protective Services; that now that the shelter is in existence, there is need for many of the benefactors to receive assistance while they establish an independent household. Ms. Gilbert is a resident of the area around Coronado Apartments and Green Fair Manor and cited many neighborhood needs --parks with playground equipment; the need for the City to require the owner of the Coronado Apartments to meet the city standards in housing, just to highlight a few. Ms. King appeared on behalf of Neighborhood House. There being no further appearances, the hearing was closed at 3:20 p.m. 81-40-30-47 Resolution No. 691 (15) A resolution authorizing submittal of 1981-82 CDBG annual application, including those assurances and certifications of proposed programs. Mayor Pro Tem Henry suggested that the request of the Mental Retardation Cd Services be placed as high priority for contingency funds available co 00 June 1, 1981; that although there is some concern about facilities being funded by United Way and other outside sources, that funding for Neighborhood House be included and reduce the allocations for East 34th 00 St. by $75,000. 00 0 Following other incidental'comments, the motion was made by Councilwoman Baker, seconded by Councilman Brown to submit the CDBG application with a� z the following exceptions: delete the East 19th St and East 34th St. 0 items for the time being and replace them with the Neighborhood House H .-w0 Z ($75,000), Mose Hood lighting system ($45,000) and Urban Renewal rehabili 0 Iq::J 1CQ,Q I program ($375,000); and place $80,000 as high priority for contingency 0 0 -H CO funds for the Mental Retardation Services (MHMR) June 1. Councilwoman 4J a) z P� Baker stated that there was no opposition on her part to the 19th ­q 0 >11 St./34th St. projects, but the CD monies should be spent for people- oriented projects; that she could not support tieing up funds on projectE that did not have a completion date in the foreseeable future; that a bond election should be considered for capital improvements program. Mayor McAlister indicated the East 19th St./34th St. project had been designated high priority at the time the 1979-80 application was approv by the previous Council and these items could not be tabled any longer, in his opinion. Councilman Aderton offered an amendment to the motion on the floor, subject to the approval of Councilwoman Baker: Reduce the 34th St. project from $300,000 to $250,000, reduce the 19th St. project from $230,000 to $200,000 for a total reduction of $80,000; allocate $75,000 of this reduction sum for Neighborhood House and $5,000 to MHMR for some of their improvements; that we must start at some point on the 34th St./19th St. projects and this would be a start. This proposed amendment was unnacceptable to Councilwoman Baker. The ballot was then taken: Councilwoman Baker and Councilman Brown voting Yea; Mayor McAlister, Mayor Pro Tem Henry and Councilman Aderton voting Nay. The motion was then made by Councilman Aderton, seconded by Mayor Pro Tem Henry to submit the 1981-82 CDBG application, with the following exceptions: Reduce the East 19th St. project from $230,000 to $200,000 ($30,000), reduce the East 34th St. project from $300,000 to $250,000 ($50,000), allocate $75,000 to Neighborhood House and $5,000 to CD Contingency Funds. Councilman Brown once again expressed concern about using existing funds from the 1977 Bond Election for engineering purposes on the grade crossing, to which Mayor McAlister responded that the proposed bond funds were for capital project improvements, of which the 34th St. grade crossing was included for a portion/phase of the entire project and using these funds in this manner was not out of line. In response to Council query regarding the schedule for reactivation of the CAC for capital improvements, City Manager Cunningham responded that February, 1981 is the anticipated date for reactivating this commission and reporting back to the Council. t ion 31 JAN 8 1981 F�� There being no further discussion,, the ballot was taken: Mayor McAlister, Mayor Pro Tem Henry and Councilman Aderton voting Yea; Councilwoman Baker and Councilman Brown voting Nay. The proposed projects appearing in the 1981-82 CDBG application, as approved by the Council on this date are: Proposed Activity Funding Residential Rehab Arnett Benson Rehab Meadowbrook Rehab Elliston Rehab Phyllis -Wheatley Redev. Posey Rehab Stubbs Rehab $ 1,850,000 South Overton Park Acq. 95,000 Canyon Lake Clean-up 35,000 Weatherization 25,000 CDBG Code Enforcement 130,000 Intensified Code Enf. 72,000 Sr. Citizens Nutrition Program 39,300 Rodgers Sr. Citizen Center 192,000 Lake 6: S. Rd Continuation 150,000 Restrooms/Yellowhouse Canyon Lakes 60,000 Paving.Project:iE. 19th, Quirt to Loop 289 200,000 34th and Quirt Avenue Extension 250,000 Neighborhood House 75,000 CD Administration Indirect Cost Contingency 166,886 TOTAL $ 3,481,000 It is understood that the Urban Renewal Agency will be able to meet their housing goals of 116 units by providing $80,000 for relocation assistance for twenty-five tenant -occupied units, and that this can be financed by reallocating $40,000 of the appropriated $1,850,000 (without diminishing the other housing units) and $40,000 to be taken from unused funds for this CD fiscal year from program income funds of this CD program. The request from MHMR was designated as a high priority for possible funding from the 7th Year Contingency Funds to be considered after the 1981-82 funds are approved as of June 1, 1981. SMH:pc RESOLUTION NO. 691 A RESOLUTION AUTHORIZING THE EXECUTION AND SUBMITTAL OF A COMMUNITY DEVELOPMENT ANNUAL APPLICATION FOR 1981-82; CERTIFICATIONS AND ASSURANCES CONTAINEDMIN SUCH APPLICATION AND REGULATIONS; THE DESIGNATION OF THE CITY MANAGER AS -THE AUTHORIZED REPRESENTATIVE OF THE CITY OF LUBBOCK TO ACT IN CONNECTION WITH THE APPLICATION. WHEREAS, Title I of the Community Development Act of 1977, Public Law 93-383, provides for a program of Community Development BlockGrants; and WHEREAS, the City Council, after receiving the recommendations of the Community Development Advisory Committee and after public hearings as required by law, has determined that an application for Community Development Block Grants would be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: - BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized to execute and submit for and on behalf of the City of Lubbock a Community Development Block Grant Annual Application for 1981-82 as administered by the Department of Housing and Urban Development; THAT the City of Lubbock hereby certifies and assures its compliance with all regulations, policies, guidelines and requirements as they relate to the application, acceptance and use of Federal Funds for this Federally assisted program and with all other assurances and understandings required in the application, including those specified in 24 CFR §570.307 (1979); and THAT the City Manager of the City of Lubbock is hereby designated as the authorize( representative of the City of Lubbock to act in connection with this application and to provide such additional information as may be required.� Passed by the City Council this 8th day of January , 1981. /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Vicki Covey Vicki Covey, Community Development Coordinator APPROVED AS TO FORM: Isl Susan M. Horton Susan M. Horton, Assistant City Attorney *NOTE: Annual Application is attached and filed with original resolution.1 The Council recessed at 4:05 p.m. to complete matters on the Work Session Agenda, and reconvened at 4:45 p.m. There being no more business, the motion was made by Councilwoman Baker, seconded by Councilman Brown to adjourn at 4:45 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ATTEST: Evelyn Gaf?ka, City Sec'rAtag_Treasurer READ AND APPROVED THIS 22nd DAY OF ATTEST: January 1981. K­McILIStER, MAYOR Evelyn Gaffff ga, City Aeetlry-Treasurer 0'