HomeMy WebLinkAboutMinutes - City Council - Regular - 1/8/1981I "' .,
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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.
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81-40-13-24
(27)
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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.
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Following other incidental'comments, the motion was made by Councilwoman
Baker, seconded by Councilman Brown to submit the CDBG application with
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the following exceptions: delete the East 19th St and East 34th St.
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items for the time being and replace them with the Neighborhood House
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($75,000), Mose Hood lighting system ($45,000) and Urban Renewal rehabili
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program ($375,000); and place $80,000 as high priority for contingency
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funds for the Mental Retardation Services (MHMR) June 1. Councilwoman
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Baker stated that there was no opposition on her part to the 19th
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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
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