HomeMy WebLinkAboutMinutes - City Council - Regular - 5/14/1981306
MAY 141981
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
May 14, 1981
At 8:35 a.m., the Mayor announced that an Executive Session would be held for the
purpose of considering personnel matters; this announcement is 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,
May 14, 1981, at 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, Trial Attorney
James P. Brewster, and City Secretary -Treasurer -Evelyn Gaffga.
Absent: City Attorney John C. Ross, Jr.
81-40-306-438 The invocation was given by Sam Wahl, Director of Water Utilities.
( 1)
81-40-306-439 Pledge of Allegiance to the Flag was given in unison by those present in the Council
( 2) Chambers.
81-40-306-440 Approval of Minutes: Regular Meeting, ��Ia 23rd, 1981
3)
The motion was made by Councilman Aderton, seconded by Councilman Brown to approve
the above referenced minutes. Motion carried: Mayor McAlister, Councilmen Brown
and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry
abstained.
Citizen Appearances
Proclamations
81-40-306-441
"Armed Forces Week"
- May 10-16, 1981.
4)
Receiving:
Brigadier General Kennedy
Brigadier General Luchsinger
Colonel Montgomery and 40 other individuals
Billr Tynan, Public Relations for Armed Forces
Representatives from all branches of the Active
Armed Forces in Lubbock were also present in the
Council Chambers.
81-40-306-442
"Municipal Clerk's
Week" - May 10-16, 1981
5)
Receiving:
Evelyn Gaffga, City Secretary
81-40-306-443
"Municipal Finance
Week" - May 12-21, 1981
6)
Receiving:
Jay Lutz, Assistant Director, Center for Professional
Development
81-40-306-444
"Banking Week" -
May 31-June 6, 1981
7)
Receiving:
Jay Lutz, Assistant Director, Center for Professioanl
Development
81-40-306-445
"Savings and Loan week" - May 17-22, 1981
8)
Receiving:
Jay Lutz, Assistant Director, Center for Professional
Development
81-40-306-446
"Clean-up, and Fix
-up Day" - May 23, 1981
(8a)
Receiving:
Paul Lang, Chairman of Beautification, Chamber of
Commerce
307
Mr. Julian Simpson, Chairman of the Housing Authority Board, will appear to present the
following recommendations:
81-40-307-447 (9a). A resolution approving the submission of an application for 36
(9a) units of Section 8, Moderate Rehabilitation Housing by the Housing
Authority of Lubbock.
SMH: p c
Resolution #793
At the 8:30 Work Session, the Council was apprised by Director of
Planning Jim Bertram that the Housing Assistance Plan, which is
uniform among all Cities who accept Community Development funds, has
identified the housing needs for the City of Lubbock and HUD expects
all Cities to take advantage of this program allowing HAP to be
operative; that the monies are administered through the Housing
Authority Board to private owners and assist the rental of units for
tenants with low -to -moderate -income. Mr. Bertram indicated that failure
to act on these programs would result in unfavorable action by
HUD, reducing funds in the future. In response to Council query as
to alternatives available, Mr. Bertram responded that none were
available to his knowledge and that the program possibly will be
curtailed by the Reagan Administration.
This particular item was presented to the Council at its Regular
Meeting on April 23, 1981, no action was taken to approve the
referenced application due to afailure to receive a second to the
motion.
At the regular meeting, Mr. Julian Simpson, Chairman of the
Housing Authority Board, appeared to reiterate his position
as presented on April 23, 1981 and indicated that there were
36 units under the referenced application for Moderate Rehabilitation
Housing which provides for public ownership and assist the owner
in providing a portion of the rent for eligible tenants of the
low -to -moderate -income bracket.
The motion was made by Councilman Aderton, seconded by Mayor
Pro Tem Henry to pass Resolution #793. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and
Councilwoman Baker voting Yea; none voting Nay.
RESOLUTION NO. 793
A RESOLUTION APPROVING THE SUBMISSION OF AN APPLICATION FOR 36 UNITS OF SECTION 8 MODERATE
REHABILITATION HOUSING FOR LOWER INCOME FAMILIES BY THE HOUSING AUTHORITY OF THE CITY OF
LUBBOCK TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
WHEREAS, the City of Lubbock has provided that the Housing Authority of the City of
Lubbock shall provide and do certain activities and services in connection with the provision
of low -rent housing; and
WHEREAS, under the provisions of the Housing and Community Development Act of 1974,
Section 8, as amended, the Department of Housing and Urban Development is authorized to provide
financial assistance to public housing agencies for low -rent housing; and
WHEREAS, the Housing Authority of the City of Lubbock is authorized by law and is willing
to apply for and administer such financial assistance; and
WHEREAS, the application for 36 units of Section 8 Moderate Rehabilitation Housing is
consistent with the goals described in the 1980-81 City of Lubbock Housing Assistance Plan;
and
WHEREAS, the City Council has determined that it would be in the best interest of the
citizens of the City of Lubbock that the submission of an application for 36 units of Section
8 Moderate Rehabilitation Housing be approved; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Housing Authority of the City of Lubbock shall cause to be prepared and shall
send to the Department of Housing and Urban Development an application for 36 units of Section
8 Moderate Rehabilitation Housing pursuant to the terms and provisions of the Housing and
Community Development Act of 1974 as amended.
Passed by the Council this-14th day of May , 1981.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
_1S1 Vicki Covet/
Vicki Covey, Community Development Coordinator
APPROVED AS TO FORM-
"I.
81-40-308-448 (9b). A resolution approving the submission of an application of
(9b) 19 units of Section 8, Existing Housing � the Housing Authority
of Lubbock.
SMH: p c
Resolution #794
As above,Mr. Julian Simpson appeared and indicated that there were
19 units under this application for existing housing, the funds
being administered by the Housing Authority Board to private
owners in assistance to tenants of the low- to moderate- income br
The motion was made by Councilman Aderton, seconded by Mayor Pro
Tem Henry to pass Resolution #794. Motion carried: Mayor McAlister
Councilmen Brown and Aderton and Councilwoman Baker voting Yea;
none voting Nay.
RESOLUTION NO. 794
A RESOLUTION APPROVING THE SUBMISSION OF AN APPLICATION FOR 19 UNITS OF
SECTION 8 EXISTING HOUSING FOR LOWER INCOME FAMILIES BY THE HOUSING AUTHORITY
OF THE CITY OF LUBBOCK TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
WHEREAS, the City of Lubbock has provided that the Housing Authority of
the City of Lubbock shall provide and do certain activities and services in
connection with the provision of low -rent housing; and
WHEREAS, under the provisions of the Housing and Community Development Act
of 1974, Section 8, as amended, the Department of Housing and Urban Development
is authorized to provide financial assistance to public housing agencies for
low -rent housing; and
WHEREAS, the Housing Authority of the City of Lubbock is authorized by law
and is willing to apply for and administer such financial assistance; and
WHEREAS, the application for 19 units of Section 8 Existing Housing is
consistent with the goals described in the 1980-81 City of Lubbock Housing
Assistance Plan; and
WHEREAS, the City Council has determined that it would be in the best
interest of the citizens of the City of Lubbock that the submission of an
application for 19 units of Section 8 Existing Housing be approved; NOW THEREFOREI
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Housing Authority of the City of Lubbock shall cause to be
prepared and shall send to the Department of Housing and Urban Development an
application for 19 units of Section 8 Existing Housing pursuant to the terms
and provisions of the Housing and Community Development Act of 1974 as amended.
Passed by the Council this 14th day of — Ma
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Vicki Covey
Vicki Covey, Community Development Coordinator
APPROVED AS TO FORM:
/S/ Susan M. Horton
Susan M. Horton, Assistant City Attorney
*NOTE: Application form is attached and filed with original resolution.
t .
309
MAY 14 1981
81-40-309-449 Bob Nash, President of Lubbock Lake Site Development Corporation, will appear to request
(10) changes inleaseagreements regarding the development of Lubbock Lake Site, and authorize
same.
Resolution #795
Bob Nash, President of Lubbock Lake Site Development Corporation, appeared to apprise the
Council that the present Lease Agreement between the City and the Corporation will expire in
December, 1981 and requests that a new lease be entered into between the City and Texas Tech
who would operate and manage the work at this site; that it has been mandated by Dr. Lauro
Cavazos, President of Texas Tech University, that the Lake Site has been declared a wing of
the Texas Tech Museum and the site is receiving national and international recognition in
archaeological findings and studies; that the site has been declared a National Historic
Landmark and is gaining in notariety for the West Texas area.
Historically, the site was discovered in 1930 by Dr. Holden, a Texas Tech Professor; that by
Council action on May 12, 1955, upon the Park Board recommendation, six (6) acres (City
owned) was leased to the Texas Tech Museum and the site was declared of archaeological value
and was to be preserved as designated from thenceforth, and a lease was entered into with
Texas Tech at that time; on October 11, 1973, a lease was entered into with the Corporation
for the development of the Lake Site; and in May of 1973, an application for a grant was
submitted to assist in development of this archaeological site.
The proposed lease is for 15 years beginning July 1, 1981, said lease may be terminated or
cancelled after 30-day written notice by either party; the University is responsible for
providing public liability and property damage insurance holding the City harmless from
accidents or injuries and will provide all utilities necessary in the developmental activities.
The motion was made by Pro Tem Henry, seconded by Councilwoman Baker to pass Resolution #795
authorizing the lease with Texas Tech University for the development of the Lubbock Lake Site
area. Motion carried: Mayor McAlister, Mayor Pro Tem Henry Councilmen Brown and Aderton and
Councilwoman Baker voting Yea; none voting Nay.
AA:pc
RESOLUTION NO. 795
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 Lease with Texas Tech University for the Lubbock
Lake Site 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 Resolutiol
as if fully copied herein in detail.
Passed by the City Council this 14th day of May 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Jim Weston
Jim Weston, Director of Community Facilities
APPROVED AS TO FORM:
/S/ Angela Adams
Angela Adams, Assistant City Attorney
LEASE
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This Agreement made by and between the City of Lubbock, a Home Rule Municipality of
Lubbock County, Texas, acting herein by its Mayor, hereunto duly authorized, herein called
"Lessor", and Texas Tech University acting by and through its Board of Regents, herein called
"Lessee";
WITNESSETH:
FIRST: That Lessor does by these presents lease and devise unto Lessee the surface
rights only of all that certain tract or parcel of land situated in Lubbock County, Texas,
and being more particularly described by metes and bounds as follows, to -wit:
BEGINNING at a 1" iron pipe set in the North line of Section 13 for the Northwest and
beginning corner of this tract; from whence the Southwest corner of Section 13, Block A
bears North 89'49' West, 3582.1 feet;
310
MAY �
THENCE North 76'43'30" East, 1101.8 feet to a 1" iron pipe set for a corner
of this tract;
THENCE South 76'44'30" East at 482.05 feet pass the East line of a 95.27
acre tract of land, continuing for a total distance of 572.2 feet to a 1"
iron pipe set for the Northeast corner of this tract;
THENCE South 37038' West at 160.02 feet pass the South line of Section 13
and the North line of Section 18, continuing for a total distance of 913.5
feet to a 1" iron pipe set for a corner of this tract;
THENCE South 50'37'30" West, 529.25 feet to a 1" iron pipe set for a corner
of this tract;
THENCE North 79008'30" West, 498.5 feet to a 1" iron pipe set for a corner
of this tract;
THENCE North 37'54' West, 380.16 feet to a 1" iron pipe set for the Southwest
corner of this tract;
THENCE North 6'22' East, 546.9 feet to the place of beginning.
CONTAINING 29.156 Acres
23.696 Acres in Section 18
5.460 Acres in Section 13
SECOND: That this lease shall be for a term of 15 years to commence upon
July 1, 1981 and Lessee, in consideration of the use of the above -described
property, agrees to pay Lessor the sum of ONE AND N01100 ($1.00) DOLLARS per
year, payable in advance.
THIRD: That either party may terminate and cancel this Lease, with or
without cause, at any time after thirty (30) days' written notice to the other
party.
FOURTH: That Lessee covenants and agrees that this Lease Agreement will
not be transferred, assigned or sub -let, in whole or in part, except upon
written consent of the City Council of the City of Lubbock. Lessee further
covenants and agrees that the premises herein leased will be used only for the
purposes stated in the resolution of the City Council dated October 11, 1973,
relating to The Lubbock Lake Site. Lessee also agrees that after termination of
this Lease by cancellation, lapse of time, mutual agreement of the parties
hereto, or otherwise, that Lessee shall peacefully yield up possession of the
premises herein leased together with all improvements now or hereafter placed
on said premises in good condition except for ordinary wear and tear.
FIFTH: That Lessee understands and agrees that the duly appointed repres
of Lessor shall have the right of ingress, and egress to the leased premises for
purposes including but not limited to: inspection, maintenance and observation.
SIXTH: That Lessee further agrees, binds and obligates itself to at all
times defend, indemnify, and otherwise save harmless the Lessor, its agents,
servants, and employees of and from all claims, demands, causes of action, and
suits at law or in equity of whatsoever kind or nature which may arise out of or
is connnected in any way with the making of this lease and the operation and use
by Lessee of the premises herein leased.
SEVENTH: That Lessee hereby covenants and agrees to pay public liability
and property damage insurance naming the Lessor as an insured party with limits
of $100,000 for each person and $300,000 for each accident for personal injuries
and $50,000 for each accident for property damage, all of said insurance covering
the maintenance, operation, and use of the premises herein leased by Lessee, its
representatives, agents, servants and employees. A certificate of insurance
evidencing the same shall be filed with the City Secretary of the City of Lubbock,
EIGHTH: Lessee hereby covenants and agrees to conduct its activities and
operations upon the leased premises in accordance with all applicable federal,
state, and local laws, rules, regulations and ordinances.
NINTH: Lessee hereby covenants and agrees to be solely responsible for
all utilities to the leased premises including: water, sewer, electricity, gas,
telephone, and garbage removal and to make timely payments for the same.
'-atives
311
81-40-311-450
(11)
TENTH: Lessor hereby covenants and agrees to maintain the fence surrounding the
leased premises in good repair and to provide and maintain flood control for the leased
premises. Lessor further agrees to provide the premises with routine police protection.
Special security requirements shall be furnished by the Lessee.
Executed in duplicate this 14th
THE CITY OF LUBBOCK
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Jim Weston
Jim Weston, Director of
Community Facilities
APPROVED AS TO FORM:
/S/ Angela Adams
Angela Adams, Assistant City Attorney
Ordinance No. 8180 - Zone Case No. 1755-E
day of May , 1981.
TEXAS TECH UNIVERSITY
/S/
ATTEST:
/S/
An ordinance changing Tract F-2, Farrar Estates Addition, to delete condition #1 of Ordinance
No. 7868 located at 82nd Street and Slide Road. i
ORDINANCE NO. 8180
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF
LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1755-E; DELETE CONDITION #1 OF
ORDINANCE NO. 7868 ON TRACT F-2, FARRAR ESTATES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
81-40-311-451 Ordinance No. 8181 - Zone Case No. 2322
(12)
81-40-311-452
(13)
An ordinance changing Specific Use zone from R-1 to R-1 Specific Use Permit under provisions
of Sec 22.3-2 of the Zoning Ordinance for townhouses on Lots 264-271, 159-160, 174-180 and
from R-1 to R-1 Specific Use Permit under provisions of Sec. 22.3-1-7 for zero lot line
houses on Lots 259-263, 272-274 and 161-173, Horizon West Addition (located at Cornell and
Frankford Avenue).
SMH:pc ORDINANCE NO. 8181
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF
LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2322; CHANGE LOTS 264 THROUGH 271
AND LOTS 158 THROUGH 160 AND LOTS 174 THROUGH 180 HORIZON WEST ADDITION, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 SPECIFIC USE ZONING DISTRICT: AUTHORIZING THE ISSUANCE
OF A SPECIFIC USE PERMIT THEREON; CHANGE LOTS 259 THROUGH 263 AND LOTS 272 THROUGH 274 AND
LOTS 161 THROUGH 173, HORIZON WEST ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1
TO R-1 SPECIFIC USE ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON;
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Ordinance No. 8182 - Zone Case No. 2178-B
An ordinance requesting Specific Use change from R-2 to R-2 Specific Use Permit under rp ovis
of Sec. 22.3-2 of the Zoning Ordinance for townhouses on Lots 77-81, High Country Addition,
located at 98th Street and Jordan Avenue.
SMH:pc ORDINANCE NO. 8182
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF
LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2178-B; CHANGE LOTS 77 THROUGH 81
HIGH COUNTRY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO R-2 SPECIFIC USE
ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A
PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
312
MAY 14 1981
81-40-312-453 Ordinance No. 8183 - Zone Case No. 2323
(14)
An ordinance requesting specific use change from R-2 to R-2 Specific Use Permit
under provisions of Sec. 22.3-2 of the Zoning Ordinance for Townhouses on Lots
377386, 387-407, Beverly Heights Addition, located at Loop 289 and Avenues W, U
and S.
SMH:pc ORDINANCE NO. 8.183
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2323;
CHANGE LOTS 377 THROUGH 386 AND LOTS 387 THROUGH 407, BEVERLY HEIGHTS ADDITION,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO R-2 SPECIFIC USE ZONING
DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING
FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
81-40-312-454 Ordinance No. 8184 - Zone Case No. 2324
(15)
An ordinance Changing Lots 262-282, Gatewood Addition from R-1 to AM zoning,
located north of 82nd Street between Boston and Elgin.
SMH:pc ORDINANCE NO. 8184
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2324;
CHANGE LOTS 262 THROUGH 282, GATEWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS FROM R-1 TO AM ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A
PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
The motion was made by Councilwoman Baker, seconded by Councilman Brown, to
pass Ordinance Nos. 8180, 8181, 8182, 8183, and 8184, on second and final
reading. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and
Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry abstained.
81-40-312-455 Ordinance No. 8166
(16)
An ordinance abandoning and closing two underground utility easements located
in Sections 27 and 28, Block E-2.
JWF:pc ORDINANCE NO. 8166
AN ORDINANCE ABANDONING AND CLOSING TWO UNDERGROUND UTILITY EASEMENTS
LOCATED RESPECTIVELY IN SECTIONS 27 AND 28, BLOCK E-2, LUBBOCK COUNTY, TEXAS
AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE
CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING
AND CLOSING; AND PROVIDING FOR PUBLICATION.
81-40-312-456 A resolution authorizing the Mayor to sign a Quit Claim Deed to Cimarron Joint
(17) Venture No. 4 for an easement in Sentry Park Addition (Ord. 8166, above).
Resolution No. 796
JWF:bs
RESOLUTION NO. 796
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 Quit Claim Deed
in favor of Cimarron Joint Venture Number Four, 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 14t„day of
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Tom Nivens
Tom Nivens, Right -of -Way Agent
/S/ Bill McAlister
BILL McALISTER, MAYOR
,1981.
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
313
QUITCLAIM DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of
Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLARS and other good
and valuable consideration to it in hand paid by Cimarron Joint Venture Number Four, hereinaft
called "GRANTEE", the receipt of which is hereby acknowledged, does hereby by these presents
ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right, title
and interest in and to that certain tract or parcel of land lying and being situated in the
County of Lubbock, State of Texas, described as follows, to -wit:
A 20 foot underground utility easement located in Section 28, Block E-2, Lubbock County,
Texas, and lying in Lots A-4 through A-9, Sentry Park Addition to the City of Lubbock,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point which bears N. 89'55' W. a distance of 1104.89 feet and N. 00'01,
W. a distance of 20.00 feet from the Southeast corner of Section 28, Block E-2, Lubbock
County, Texas;
THENCE N. 89055' W. a distance of 40.00 feet;
THENCE N. 45002' E. a distance of 14.13 feet;
THENCE N. 00001' W. a distance of 148.72 feet;
THENCE N. 17056'55" E. a distance of 341.81 feet to a point in the Southerly right-of-
way line of Loop 289;
THENCE S. 72003'05" E. along said right-of-way line, a distance of 20.00 feet;
THENCE S. 17056'55" W. a distance of 338.65 feet;
THENCE S. 00001' E. a distance of 145.60 feet;
THENCE S. 44058' E. a distance of 14.15 feet to the Point of Beginning.
TRACT 2
A 20 foot underground utility easement being located in Section 27, Block E-2, Lubbock
County, Texas, and lying in Lots D-lD through D-lJ, Sentry Park Addition to the City of
Lubbock, Lubbock County, Texas, being further described as follows:
BEGINNING at a point which bears N. 89'55' W. a distance of 1104.89 feet from the Northeast
corner of Section 27, Block E-2, Lubbock County, Texas;
THENCE N. 89055' W. a distance of 40.00 feet;
THENCE S. 44058' E. a distance of 14.15 feet;
THENCE S. 00001' E. a distance of 349.81 feet to a point in the North right-of-way line
of 68th Street;
THENCE N. 89059' E., along said right-of-way line, a distance of 20.00 feet;
THENCE N. 00001' W. a distance of 439.77 feet;
THENCE N. 45002' E. a distance of 14.13 feet to the Point of Beginning.
TO HAVE AND TO HOLD the same premises together with all and singular the rights, privilege
and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and
assigns forever, so that neither the GRANTOR, City of Lubbock, its successors or assigns, nor
any persons claiming under it shall at any time hereinafter, have, claim or demand any right
to the title to the aforesaid premises or appurtenances or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this 14th day of May
/s/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Tom Nivens
"B"
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/Q/ T_ Wnri-h Fiillinaim
314
MAY 14 1981
81-40-314-457
(18)
81-40-314-458
(19)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared BILL McALISTER, Mayor, known to
me to be the person whose name is subscribed to the°,foregoing instrument and
acknowledged to me that he executed the same as the act and deed of the CITY OF
LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and
in the capacity therein stated.
1981.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 15th day of May
Isl Olivia B. Solis
Notary Public, Lubbock County, Texas
My Commission Expires 12/5/81
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass
Ordinance 8166 on second and final reading and to pass Resolution 796 authorizing
a Quit Claim Deed to Cimarron Joint Venture No. 4. Motion carried: Mayor McAlister,
Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting
Yea; none voting Nay.
Ordinance No. 8177
An ordinance abandoning and closing portions of an alley adjacent to Tract A,
Berry Addition.
JWF: dh
ORDINANCE NO. 8177
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: A
PORTION OF ALLEY ADJACENT TO TRACT A, BERRY ADDITION TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF
LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY; PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
A resolution authorizing the Mayor to sign a Quit Claim Deed to Ambico for a
portion of an alley adjacent to Tract A, Berry Addition (Ord. 8177, above).
Resolution No. 797
JWF:j s
RESOLUTION NO. 797
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 Quit Claim Deed
in favor of Anbico, 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 _14th day of may , 1981.
ISZ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S.1 Fuel)zn Gnffga
Evelyn Giffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
jSj Tom Njyens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/(;/ T. Worth Eulling-Im
J. Worth Fullingim, Assistant City Attorney
315
am
QUITCLAIM DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock,
State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00)
DOLLARS and other good and valuable consideration to in hand paid by Anbico,
Inc. hereinafter called "GRANTEE", the receipt of which is hereby acknowledged,
does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUITCLAIM
unto the said GRANTEE, all its right, title, and interest in and to that certain
tract or parcel of land lying and being situated in the County of Lubbock, State
of Texas, described as follows, to -wit:
An alley adjacent to Tract "A", Berry Addition to the City of Lubbock,
Lubbock County, Texas and being further described as follows:
BEGINNING at the original Southeast corner of Tract "A", Berry Addition
to the City of Lubbock, Lubbock County, Texas;
THENCE West a distance of 285.82 feet;
THENCE North a distance of 20.00 feet;
THENCE East a distance of 285.82 feet;
THENCE South a distance of 20.00 feet to the Point of BEGINNING.
TO HAVE AND TO HOLD the same premises together with all and singular the
rights, privileges and appurtenances thereto in any manner belonging unto the
said GRANTEE, its successors and assigns forever, so that neither the GRANTOR,
City of Lubbock, its successors or assigns, nor any persons claiming under it
shall at any time hereinafter, have, claim or demand any right to the title to
the aforesaid premises or appurtenances or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this 14th day of May -
/S/ Bill McAlister, Mayor
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared Bill McAlister, known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same as the act and deed of the City of Lubbock and
as Mayor, for the purposes and consideration therein expressed and in the capacity
therein stated.
1981.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 15th day of May
ISI Olivia R. Solis
Notary Public, Lubbock County, Texas
My Commission Expires: 12/5/81_
316
MAC I 119%,
UTILITY EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT ANBICO, INC., a Corporation acting through its undersigned President,
hereunto duly authorized, herein called "GRANTOR," of Lubbock County, Texas for
and in consideration of the sum of ONE AND N01100 ($1.00) DOLLAR, to GRANTOR in
hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock
County, Texas, the receipt and sufficiency of which is hereby acknowledged and
confessed, for the further good and valuable consideration in benefits accruing
and to accrue to the remainder of its property has by these presents GRANTED,
BARGAINED, SOLD AND CONVEYED, and by these presents do GRANT, BARGAIN, SELL and
CONVEY unto the CITY OF LUBBOCK, its legal representatives, successors and
assigns, for the use of the public as a perpetual and permanent easement, the
free and uninterrupted use, liberty of passage in, on, along, over, upon, under
and across all that property lying and being situated in Lubbock County, Texas,
and being more particularly described as follows, to -wit:
A tract adjacent to Tract "A", Berry Addition to the City of Lubbock,
Lubbock County, Texas and being further described as follows:
BEGINNING at the original Southeast corner of Tract "A", Berry Addition
to the City of Lubbock, Lubbock County, Texas;
THENCE West a distance of 285.82 feet;
THENCE North a distance of 20.00 feet;
THENCE East a distance of 285.82 feet;
THENCE South a distance of 20.00 feet to the Point of BEGINNING.
together with the rights of ingress, egress and regress at any and all times to
accomplish the following purpose: allowing, but not limited to, constructing,
reconstructing, repairing and perpetually maintaining any and all types of water
lines, sewer lines, gas pipe lines, telephones and telegraph lines, electric
transmission lines and any other type of public utility, whether named herein or
not, which easement includes at all times and seasons the right of ingress,
egress, and regress of motor vehicles and personnel engaged either in such
construction and repair or the reading of meters.
In order to assure the said CITY OF LUBBOCK, its successors and assigns of
continuing access and enjoyment of said easement the said GRANTOR, does hereby
expressly agree not to erect, build or otherwise allow to be constructed any
building or like permanent structure over the said property heretofore described
and should such building or structure be erected, it is understood that the said
CITY OF LUBBOCK shall have the right to remove said building or structure from
the premises.
TO HAVE AND TO HOLD the above described premises together with all and
singular the rights and appurtenances thereto in anywise belonging perpetually
unto the CITY OF LUBBOCK, its successors and assigns, and any and all public
utilities now or hereafter franchised by the CITY OF LUBBOCK to use the city
streets and alleys for so long as the public uses the same for the purposes
herein granted.
WITNESS THE EXECUTION OF THE INSTRUMENT THIS day of
ANBICO, INC.
By:
Verlon Bigham, President
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared Verlon Bigham, President of
Anbico, Inc., a Corporation, known to me to be the person whose name is sub-
scribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
1981.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
Notary Public, Lubbock County, Texas
317
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass
Ordinance No. 8177 on second and final reading and to pass Resolution 797 authorizing
a,Quit Claim Deed to anbico. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
1-40-317-459 Ordinance No. 8186
(20)
An ordinance abandoning and closing A portion of a drainage easement located
in Tract A, KDAV Addition.
JWF:j s
Ordinance No. 8186
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A DRAINAGE EASEMENT
LOCATED IN TRACT A, KDAV ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS
AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE
CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING
AND CLOSING; AND PROVIDING FOR PUBLICATION.
-40-317-460 A resolution authorizing the Mayor to sign a Quit Claim Deed to KRLB Corporation
(21) for a portion of a drainage easement located in Tract A, KDAV Addition (Ord.
8186, above).
Resolution No. 798
JWF: j s
RESOLUTION NO. 798
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 Quit Claim Deed
in favor of KRLB, Incorporated 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 14th day of May , 1981 .
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
01�t I �1� �1_30
/S/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
APPROVED AS TO CONTENT:
/S/ Tom Nivens
Tom Nivens, Right -of -Way Agent
QUITCLAIM DEED
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock,
State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00)
DOLLARS and other good and valuable consideration to it in hand paid by KRLB,
Incorporated hereinafter called "GRANTEE", the receipt of which is hereby acknowledged,
does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM
unto the said GRANTEE, all its right, title, and interest in and to that certain
tract or parcel of land lying and being situated in the County of Lubbock, State
of Texas, described as follows, to -wit:
METES AND BOUNDS DESCRIPTION for a portion of a 100 foot Drainage
Easement, located on Tract "A", KDAV ADDITION to the City of Lubbock,
Lubbock County, Texas, to be closed, being further described as
follows:
BEGINNING at a point which bears S89'53'E 1275.53 feet and S00015'
20"W 90.00 feet from the Northwest Corner of Tract "A", KDAV ADDITION
THENCE South 000.15'20"W, a distance of 20.00 feet;
THENCE South 89°53'50"E, a distance of 180.00 feet;
THENCE North 00°15'20"E, a distance of 20.00 feet to the point of
beginning.
Contains 3,600 square feet of land.
TO HAVE AND TO HOLD the same premises together with all and singular the
rights, privileges and appurtenances thereto in any manner belonging unto the
said GRANTEE, its successors and assigns forever, so that neither the GRANTOR,
City of Lubbock its successors or assigns, nor any persons claiming under it
shall at any time hereinafter, have, claim or demand any right to the title to
the aforesaid premises or appurtenances or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this 14th day of Ma
1981 .
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/S/ J. Worth Fullingi.m
J. Worth Fullingim, Asst. City Attorney
APPROVED AS TO CONTENT:
/S/ Tom Nivens
Tom Nivens, Right -of -Way Agent
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared Bill McAlister, known to me to
be the person whose name is subscribed to the foregoing instrument and acknow-
ledged to me thathe executed the same as the act and deed of the CITY OF
LUBBOCK and as MAYOR, for the purposes and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 15th day of May ,
19 81 .
/S/ Olivia R. Solis
Notary Public, Lubbock County, Texas
My Commission Expires: 12/5/81
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass
Ordinance No. 8186 on second and final readingand to pass Resolution 798 authorize
a Quit Claim Deed to KRLB Corporation. Motion carried: Mayor McAlister, Mayor
Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea;
none voting Nay.
81-40-318-461 Ordinance No. 8185 - Zone Case No. 2325
(22)
An ordinance requesting specific use change from R-1 to AM Specific Use Permit
under Sec. 22.3-20-3 of the Zonin Ordinance for professional offices on Lot 4�
Block 1, Westlawn Addition, located at 3407 19th St.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Ordinance No. 8185 on second and final reading. Motion carried: Mayor McAlister,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay;
Mayor Pro Tem Henry abstained.
SMH:pc
ORDINANCE NO. 8185
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE
CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2325;
CHANGE LOT 4, BLOCK 1, WESTLAWN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS
FROM R-1 TO AM SPECIFIC USE ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF SPECIFIC
USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF
THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
319
i
81-40-319-462 Consider report from Planning Staff concerning a possible alley dedication (Ord. 8185, ZC
(23) 2325, e). _abov_
The Council was apprised at the 8:30 a.m. Work Session by Director of Planning Jim Bertram,
that all property owners involved in this tract had been contacted, pursuant to Council's
instructions of April 23, 1981, to include Mr. Marvin McLarty and two of the property owners
refused to dedicate their portion of their property for alley purposes and the remaining
property owners, to include Mr. McLarty, who requested the report on April 23, were adamant
about pursuing this matter at this time, it being the staffs opinion that the property owners
felt their tracts were more valuable if they remained undivided.
BY CONSENSUS: the Council indicated that there would be no action taken on this matter this
time due to lack of interest by the property owners involved.
81-40-319-463 Consider and ordinance removing the traffic signal at Broadway and Avenue U.
(25)
Ordinance No. 8188
81-40-319-464
(26)
81-40-319-465
(27)
The traffic signal at Broadway and Avenue U originally was installed to assist students attendi
Carroll Thompson Junior High School in crossing Broadway.
The traffic signal will be placed on fliashing mode for three days and then turned off; the
equipment is to remain in place until the future use of Carroll Thompson Jr. High School is
determined by the Federal District Court and the School Board.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance
No. 8188 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Alan Henry,
Councilmen Jack Brown and M. J. Aderton, and Councilwoman Baker voting Yea; None voting
Nay.
AA: pc
ORDINANCE NO. 8188
AN ORDINANCE AUTHORIZING THE REMOVAL OF A TRAFFIC SIGNAL AT THE LOCATION HEREIN SET FORTH
IN THE BODY OF THIS ORDINANCE; REPEALING ORDINANCE NO. 1148; REPEALING CONFLICTING ORDINANCES
TO THE EXTENT OF SUCH CONFLICT; PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION.
Consider an ordinance amending speed limits on Slide Road (FM 1730) from South Loop 289
to the south city limits.
Ordinance No. 8189
Based on a speed zone study by the State Department of Highways, reflecting an 85% percentile
speed zone, it is recommended that a 5 mph reduction on portions of Slide Road between South
Loop.289 to a point...2 miles north of 82n Street be implemented. Citizen input from residents
living on those streets feeding into Slide Road precipitated this study and the resulting
recommendation.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Ordinance No.
8189 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton, and Councilwoman Baker voting Yea; None voting Nay.
AA: pc
ORDINANCE NO. 8189
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF SLIDE ROAD, AS
HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF
SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT;
APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATI N.
Consider an ordinance authoriz
locations within the City.
Ordinance No. 8190
stallation and maintenance of traffic signals at various
This is a housekeeping procedure, and this ordinance eliminates, consolidates and updates into
one ordinace the various intersection traffic signals authorized by previuous ordinance and/or
administrative orders over the past five years. The itemization contained therein is primarily
for the benefit of matters of litigation.
The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No.
8190 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton, and Councilwoman Baker voting Yea; None voting Nay.
AA: pc
ORDINANCE NO. 8190
AN ORDINANCE SETTING FORTH LAWFULLY ERECTED TRAFFIC SIGNALS WITHIN THE CITY OF LUBBOCK AT
LOCATIONS HEREIN SET FORTH IN THE BODY OF THIS ORDINANCE AND AUTHORIZING MAINTENANCE OF THE
SAME; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
320
MAY 14 1981
81-40-320-466 Consider a resolution approving j?fans and s2ecifications on widening University
(28) Avenue from 4th Street to 19th Street; and authorize publication of "Notice to
Bidders" (GWO 11,558).
Resolution #799
As discussed in the 8:30 Work Session, this project will involve widening one
mile of University Avenue from 4th Street to 19th Street, providing for three
lanes of traffic northbound and two lanes of traffic southbound; it will include
a right -turn lane at 4th Street onto University; it will provide for a median of
4' to 14' in width and right -turn lanes at 6th Street, Broadway and 15th Street.
As a result of a discussion regarding a possible timetable for the entire project
which would affect the merchants, and the traffic flow, particularly in the Fall
when Texas Tech students return, it was BY CONSENSUS that the Staff was directed
to work up a timetable of the various phases of the project, conferring with
the merchants involved and with Texas Tech representatives.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to I
pass Resolution #799 approving the plans and specifications of the above referenced project, and authorizing publication to bidders, and to submit a proposed timetablI
of the project. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton, and Councilwoman Baker voting Yea; None voting Nay. I
JCR:bs RESOLUTION NO. 799
\ A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND AUTHORIZING NOTICE TO BIDDERS.
WHEREAS, the City Engineer has prepared and filed with the City plans and
specifications for paving improvements on University Avenue from 4th Street to
19th Street, and the same have been examined;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
THAT, the plans and specifications submitted by the City Engineer covering
improvements contemplated by said resolutions, BE, and the same are hereby
approved, and advertising for bids is hereby authorized.
PASSED AND APPROVED THIS 14TH DAY OF MAY, 1981.
ISI Bill McAlister
Bill McAlister, Mayor
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED:
/S/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
ISI John C. Ross, Jr.
John C. Ross, Jr., City Attorney
81-40-320-467 Consider an ordinance to abandon and close an underground street light
(29) easement in Park -Lorraine Addition.
Ordinance No. 8191
This easement is located in Lot 166 on West 37th Street between Ironton Avenue
and Loop 289, and is no longer needed by LP&L.
The motion was made by Councilman Brown and seconded by Councilwoman Baker to
pass Ordinance No. 8191 on first reading. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton, and Councilwoman Baker voting
Yea; None voting Nay.
JWF:pc
ORDINANCE NO. 8191
AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND STREET LIGHT CABLE
EASEMENT LOCATED IN PARK LORRAINE ADPITON AND MORE PARTICULARLY DESCRIBED HEREI
321
�%l
81-40-321-46.8;. Consider a resolution authorizing the granting of a Street Use License to Texland Petroleum
(30) Company, Inc.
Resolution #800
This action will allow Texland to pass a pipeline under Mesa Road so that the oil they are
drilling in the Lubbock Country Club area can be stored at the storage tank across Mesa Road
to the west of the drilling site. This license is for twenty years at a fee of $100.
The Motion was made by Councilman Aderton, seconded by Councilman Brown to approved Resolution
#800 granting a Street Use License to Texland Petroleum Company, Inc. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton, and Councilwoman Baker voting
Yea; None voting Nay.
SMH:pc
RESOLUTION NO. 800
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for the City of Lubbock a Street Use License in favor of Texland Petroleum, Inc.,
attached herewith, which shall be spread upon the minutes of the City Council, and as spread
upon said minutes shall constitute a part hereof for all purposes.
SECTION 2. THAT the Licensee in said Street Use License shall pay the sum of $100.00
in advance to the City of Lubbock upon and contemporaneous with the execution of said License
as an advance annual fee of $5 per year for 20 years, as part of the consideration for the
grant of said Street Use License.
Passed by the City Council this 14th day of Ma
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
- APPROVED AS TO FORM:
ISI Susan M. Horton
Susan M. Horton, Assistant City Attorney
STREET USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
, 1981.
This indenture made this 14th day of. May , 1981, between the City of Lubbock,
Texas, a Home Rule Municipal Corporation and Texland Petroleum, Inc., Tarrant County, Texas,
hereinafter called "Licensee".
WITNESSETH:
Subject to the terms,,conditions and provisions herein, the City of Lubbock does hereby
grant to the Licensee, the right, privilege and license to use a portion of dedicated street
to construct and maintain flow lines on the property described by metes and bounds as follows.
Beginning at a Point 1997.87 feet west of and 590 feet North of the Southeast corner of
Section 9, Block A, Lubbock County, Texas for the beginning point;
Thence East 60 feet;
Thence North 20 feet;
Thence West 60 feet;
Thence South 20 feet to the point of beginning.
N
The terms of this grant shall be from year to year not to exceed twenty (20) years without
renewal by the City Council and the City of Lubbock retains the right, at its election to
cancel and revoke this license, with or without cause, upon thirty (30) days notice to Licensee.
Said notice shall be deemed properly served if deposited in the post office, postage paid,
addressed to Licensee at 3402 Fort Worth National Bank Building, Fort Worth, Texas 76102 or
the last known address of Licensee.
322
MAY 14 1931
Upon expiration or cancellation and revocation of this license by the City
of Lubbock or the abandonment of the license by the Licensee, the improvements
that are permitted under this license shall be removed by the Licensee and the
property shall be restored to its original condition at no cost or expense to the
City of Lubbock. In the event Licensee fails or refuses to remove such improvemen
after demand by the City of Lubbock, the City of Lubbock shall enter possession,
and remove or cause to be removed such improvements and the expense incurred
shall be assessed against Licensee for which Licensee shall be liable.
II.
Licensee shall pay to the City of Lubbock as a compensation for such grant
the sum of ONE HUNDRED AND N01100 ($100.00) DOLLARS cash in advance contemporaneously
with the acceptance and execution hereof by Licensee.
III.
The Licensee agrees to pay all costs arising out of the exercise of this
license herein granted, including but not limited to the replacement and repairing
of paving, sidewalks and utilities of any nature occasioned by the construction
as authorized by this license.
Am
In the event the City of Lubbock determines that the existence of such use
interferes with or causes the rerouting or realignment of any public utility,
franchised utility, or sanitary or storm sewer line constructed or to be construct
by the City of Lubbock or franchised utility, Licensee agrees to reimburse the
City of Lubbock, or such utility, as the case may be, for its expense of such
relocating or rerouting over and above the expense which would have been incurred
except for Licensee's use herein.
V.
This license is not transferable by the Licensee without first receiving the
written consent of the City Manager of the City of Lubbock.
VI.
This license is made subject to the condition that should the Licensee
exercise any right under the license herein granted and prepare or begin or
complete any part of the construction as herein contemplated across any or all of
the above set out property, then and in that event said Licensee, his heirs and
assigns, will at all times defend, indemnify and otherwise hold the City of
Lubbock, its agents, servants, and employees harmless from any and all claims,
demands, actions, causes of action, suits at law or in equity of whatsoever kind
or nature which may grow out of or be related to the making of this license or
the construction or maintenance and use permitted herein. The City of Lubbock,
at its option, may require an agreement with any contractors hired by Licensee to
perform the construction, repair, or maintenance permitted herein, which agreement
will indemnify the City of Lubbock from and against all claims, liability, cost
and expense growing out of the performance of the work to be done by such contractor.
The City of Lubbock may further require such contractor, when engaged in the
constructon, repair or maintenance permitted herein, to furnish, without expense
to the City of Lubbock, a reliable surety bond, in an amount and in the form
satisfactory to the said City of Lubbock, guaranteeing the faithful performance
of all the terms, covenants and conditions contained in said agreement and a
certified copy of a policy of public liability assumed by contractor in said
agreement with the City of Lubbock. The City of Lubbock agrees to give notice to
Licensee prior to incurring any costs or expenses or the payment of any such
claims or demands in order to give Licensee a reasonable opportunity to settle or
adjust the same.
VII.
Licensee agrees and is required to furnish a policy of public liability and
property damage insurance, within limits specified by, and in a form satisfactory
to the City Attorney for the City of Lubbock and which names the City of Lubbock
as the insured, said policy covering the uses herein granted.
VIII.
All of the covenants and provisions of this license shall be binding upon
and inure to the benefit of the successors, legal representatives, assigns and
the duly authorized agents and contractors of the parties hereto to the same
extent and effect as the same are binding upon and inure to the benefit of the
parties hereto, but no assignment hereof by the Licensee, its successors and
assigns, shall be binding upon the City of Lubbock without the consent of the
City of Lubbock in each instance except as specified in Paragraph Five (5).
IX.
Licensee, by the acceptance of the uses permitted herein, understands and
agrees that no interest, title or rights of possession are intended or implied
except those expressly set forth herein and Licensee waives any and all claims in
and to the public way it is permitted to use hereby and agrees to give peaceful
possession of said property covered herein upon termination or cancellation of
this license.
323
Executed this 14th
ATTEST:
day of May. , 1981.
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/S/Susan M. Horton
Susan M. Horton, Assistant CityAttorney
CITY OF LUBBOCK
/S/ Bill McAlister
BILL McALISTER, MAYOR
Agreed to and Accepted this _ day of
TEXLAND PETROLEUM, INC.
ATTEST:
, 1981.
81-40-323-469 Consider a resolution authorizing the Mayor to file an application for a,Technical. Study Granti-
(31) for-FY 1981-82 under Section 8 provisions of the Urban Mass Transp
ortation Act.
Resolution #801
The purpose of this grant is to pay for various transit activities under the Unified Work
Program:
1. Area studies and analysis to determine efficiency of
existing services ($21,600)
2. Special efforts program --elderly and handicapped ($6,300)
3. Develop and prepare various planning documents ($7,200)
4. Monitoring system to include data collection, analysis
of route schedule, maintenance efficiency levels
($9,900)
The total amount of the grant is $45,000, with UMTA sharing 80% and the City sharing 20% -
$36,000 from UXTA and $9,000 from the City.
In response to Council query as to the total application of these funds being for operating
assistance, to include monitoring of ridership, the Staff response was in the affirmative, and
these duties would be performed by in-house personnel.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Resolution
#801, authorizing the Technical Study Grant referenced above. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton, and Councilwoman Baker voting Yea; None
voting Nay.
RESOLUTION NO. 801
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION,
UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS
AMENDED.
WHEREAS, the Secretary of Transportation is authorized to make grants for mass
transportation projects;
WHEREAS, the contract for financial assistance will impose certain obligations upon the
applicant, including the provision by it of the local share of the project costs;
WHEREAS, it is required by the U. S. Department of Transportation in accord with the
provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of
an application for assistance under the Urban Mass Transportation Act of 1964, as Amended,
the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of
324
MAY 14 1981
WHEREAS, it is the goal of the Applicant that minority business enterprise be
utilized to the fullest extent possible in connection with this project, and that
definitive procedures shall be established and administered to ensure that minorit
businesses shall have the maximum feasible opportunity to compete for contracts wh
procuring construction contracts, supplies, equipment contracts, or consultant and
other services; and
WHEREAS, the City Council has determined that it would be in the best interes
to authorize the City of Lubbock to participate with the Urban Mass Transportation
Administration of the U.S. Department of Transportation in the update and revision
of past Transit Studies, and to apply for assistance for such study from UMTA; NOW
THEREFORE:
BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor is hereby authorized to make application for
a Technical Studies Grant from UMTA with the Steering Committee (Metropolitan
Planing Organization) of Lubbock Urban Transportation Study, being the designated
planning agency; and
THAT the Mayor of the City of Lubbock, BE and is hereby authorized and
directed to execute an Agreement with the United States of America, acting through
the Urban Mass Transportation Administration, in the event the Grant is approved;
and
THE CITY OF LUBBOCK does hereby agree to provide matching funds for such
Technical Studies which shall be in an amount not to exceed Nine Thousand Dollars
($9,000.00). Such matching funds shall be in cash or in -kind services. UMTA
funds will not exceed Thirty -Six Thousand Dollars ($36,000.00)
SECTION 2. THAT the Mayor is authorized to execute and file with such
application an assurance or any other document required by.,the U.S. Department of
Transportation effectuating the purposes of Title VI of the Civil Rights Act of
1964.
SECTION 3. THAT the Mayor is authorized to furnish such additional infor-
mation as the U.S. Department of Transportation may require in connection with the
application of the project. I
SECTION 4. THAT the Mayor is authorized to set forth and execute affirma-
tive minority business policies in connection with the project's procurement needs
Passed by the City Council this 14th -day of May 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
/S/ Evelyn Gaffga _.
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ John L. Wilson
John L. Wilson, Transit Coordinator
/S/ Donald G. Vandiver
. Donald G. Vandiver, First Asst. City Attorney
325
MAY 14 1981
81-40-325-470 Consider Change Order #1 for cleaning and painting elevated water storage tank (Bid #6251, Reso
(32) #749, 3/12/81).
At the 8:30 Work Session, Director of Water Utilities Sam Wahl apprised the Council that the
contractor had requested a 30-day extension of time for the completion of painting of the
water tower at 35th Street and Avenue W. It seems that the contractor was negligent in assembli
his documents for the bid contract, thus causing a delay initially; subsequently he has been
dilitary in working on this project due to other commitments. The liquidated damages are set
at $500 per day, commencing on May 1, 1981.
At the Regular Session, Councilman Brown stated that he felt the Staff.had been lenient in
working with the contractor, and it appeared that the contractor had blatantly failed to
comply with the terms and conditions of the contract. He theremore moved that the request for
an extension (Change Order #1) be DENIED; motion seconded by Councilwoman Baker. Motion
carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton, and Councilwoman
Baker voting Yea; none voting Nay.
81-40-325-471 Consider an appropriation ordinance for Sandhills Well Field development project (Water Capital
(33) Prod ect Fund), and authorize publication of"Notice to Bidders."
Ordinance No. 8192
These funds were allocated in the recent bond sale, and will include the construction of roads
to the individual well sites, as well as construction of the main collector line to the east
boundary of the Birdwell Ranch; and the construction of five wells along the north line of the
water rights.
The estimated costs are:
Pipelines
2,611,115
Drill 25 wells
814,583
Roads and gates
335,500
Pumps and motors (25)
289,935
Well tiein
175,800
Electric
625,000
Engineering/City costs
298,067
Total
5,200,000
The motion was made by Councilwoman Baker, Seconded by Mayor Pro Tem Henry to pass Ordinance
#8192 on first reading, and to authorize publication of Notice to Bidders. Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton, and Councilwoman Baker
voting Yea; None voting Nay.
ORDINANCE NO. - 8192
WORKORDER NO.
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:
Water Capital Project Fund the sum of $5,200,000.00
I I For the following purposes: Sandhills Well Field Development Project
Prior Appropriation Ordinance Numbers Issued for this Project _ 8127
Projected Costs
Pipelines -
$2,661,115
Roads & Gates
$ 335,500
Drill 25 Wells
$ 814,583
Pumps & Motors (25)
$ 289,935
Well Tie -In
$ 175,800
Electric
1$ 625,000
Engr. & City Costs
$ 298,067
TOTAL
$5,200,000
Projected Funding
1980 Water Bond Funds
AND IT IS SO ORDERED
Passed by the Council on first reading this day of
.19
19
Passed by the Council on second reading this
.day of
Mayor
M01
81-40-326-472 Consider an appropriation ordinance for materials and equipment for the
(34) interconnect with Southwestern Public Service.
Ordinance No. 8193
The above referenced interconnect is now nearing completion and final
appropriations are needed. Previously, the following appropriations
have been made:
Ordinance #8083 (right-of-way) $100,000
Ordinance #8079 (230KV transformer) 582,200
Ordinance #9018 (,breaker and sub-
station material) 479,190
Ordinance #8122 (4 steel poles/cages) 90,000
Total $1,251,390
The items now needing appropriations are:
Materials/equipment for sub -station $ 47,000
Leased equipment 50,000
Concrete/soil testing, etc. 10,000
Wood poles/conductors/materials 300,000
Escalation on 230KV transpormer 80,000
230KV breaker/steel-buss work/Jones Sta. 250,000
Total appropriation needed $737,000
The total estimated cost of tie-in line is $1,988,390.
In response to Council query, all right-of-way has been acquired.
The motion was made by Councilwoman Baker, seconded by Councilman Brown
to pass Ordinance #8193 on first reading. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton, and Councilwoman
Baker voting Yea; None voting Nay.
ORDINANCE NO. 8193
WORKORDER NO.
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:
Capital Projects Fund the sum of $ 737,000
For the following purposes: Completion of an interconnect tie -line with
Southwestern Public Service Company.
Prior Appropriation Ordinance Numbers Issued for this Project 8083, 8079, 9018
& 8122
Projected Costs Projected Funding
Materials & Equipment $737,000 Retained Earning $737,000
AND IT IS SO ORDERED
Passed by the Council on first reading this day of 19
Passed by the Council on second reading this day of 19
ATTEST:
City Secretary -Treasurer
VERIFIED BY:
Director of Finance
APPROVED BY:
Department Head
327
MAY 14 1981
1-40-327-473 Consider a resolution authorizing the Mayor to execute a lease with Sonny's Air Freight Co. for
(36) space in the terminal building at Lubbock International Airport.
Resolution #802
Sonny's Air Freight requested to lease some additional space in the terminal building
on a month -to -month basis for storage. The lease provides the month -to -month basis
not to exceed five years, in the amount of $8.25 per foot (96') or $66 per month.
The Airport Board has approved this request.
IMF
RESOLUTION NO 802
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 Sonny's Air Freight Co. and the City of Lubbock 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 14th day of Ma
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
/S/ Angela Adams
Angela Adams, Assistant City Attorney
,1981.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
SPACE LEASE TERMINAL AGREEMENT
THIS AGREEMENT, entered into at Lubbock, Texas, by and betweeen the CITY OF
LUBBOCK, hereinafter referred to as "LESSOR", and SONNY'S AIR FREIGHT CO., whose
address is P. 0. Box 161, Lubbock, Texas 79408, hereinafter referred to as "LESSEE",
Witnesseth:
WHEREAS, LESSOR owns and operates a public airport designated as LUBBOCK INTERNATIONAL
AIRPORT herein called "AIRPORT", and
WHEREAS, the LESSEE desires to lease a certain area, described herein, for
office space; 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 6 which constitutes 96 square feet,
as shown on "Exhibit A" attached hereto and made a part hereof for all purposes.
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
328
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's 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, improvements,
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 expense 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, at its sole expense, in-
surance 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 damages 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 HUDNRED THOUSAND
DOLLARS ($300,000) for personal injury or death or 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 cancellation of this
policy and that this policy shall remain in full force and effect until ten
(10) days after such notice is received by the Director of Aviation."
8. LESSEE shall furnish to the LESSOR satisfactory evidence that it
carries Workmen's Compensation Insurance in accordance with the laws of the
State of Texas.
9. Within 30 days following the date of expiration or termination of
this agreement, the LESSEE shall as required by the LESSOR, vacate said pre-
mises, remove all property of the LESSEE and restore the land, improvements,
facilities and equipment included herein to as good conditon on such date of
expiration or termination as when received, ordinary wear and tear excepted.
If the LESSEE shall fail or neglect to remove said property and so restore the
land, improvements, facilities and equipment included herein, within 30 days
of said expiration or termination, then at the option of the LESSOR said
property shall either become the property of the LESSOR without compensation
therefor or the LESSOR may cause the property to be removed, the land, improvement
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.
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 facilites provided
for the public, in any manner prohibited by the Federal Aviation Regulations.
The LESSEE further agrees to comply with such enforcement procedures as the
United States might demand that the LESSOR take in order to comply with the
Sponsor's Assurances (CITY).
LESSEE agrees to not discriminate against any employee or applicant for
employment because of race, creed, color, sex or national origin. The LESSEE
agrees to take affirmative action to insure that applicants are employed and
that employees are tested during employment without regard to their race,
creed, color, sex or national origin. Such action shall include, but not be
limited to employment, upgrading, demotion, or transfer, recruitment, layoff,
rates of pay or other forms of compensation, and selection for training, in-
cluding 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 discrimi-
nation 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
nommiRRion- nere-entage- brokerage- or contingent fee.
329
*AY 14 198,
81-40-329-474
(37)
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 main-
tenance 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 14th day of May 1981.
SONNY'S AIR FREIGHT CO. CITY OF LUBBOCK, TEXAS
ISI Sonny Janvrin
Sonny Janvrin
ATTEST:
ISI Dewayne E. Askins
/S/ Bill McAlister
Bill McAlister, Mayor
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga
City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
/S/ Angela Adams
Angela Adams, Asst. City Attorney
Consider a resolution authorizing the Mayor to execute a lease assignment
between Schuch Leasing Co. and L. P. Hicks, Inc. regarding Dollar-Rent--A-Car
operation._ AM ��Nft
— Resolution No. 803 (5/14/81) amended
Resolution #803 by Resolution No. 844 (6/18/81)
The new owner of Dollar Rent-A-Car and is requesting that the lease with the
previous owner (Schuch Leasing Co.) be assigned to him. The assignment provides
for the original party to be liable in the event of default. The contract
expires 12/31/81. The Airport Board has approved this request.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to
pass Resolution #802 authorizing the leasing of additional space to Sonny's
Air Freight, and to pass Resolution #803 authorizing the Lease Assignment to
L. P. Hicks, Inc. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton, and Councilwoman Baker voting Yea; None voting
Nay.
AA:bs
RESOLUTION No.803
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 Consent to
Assignment of a Lease Agreement with Schuch Leasing Co. d/b/a Dollar Rent a
Car, 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
fi
330
afrthis.Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of May 1981.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
IS/ Jim Newsom
Jim Newsome, Deputy Director of Aviation
/S/ Angela Adams
Angela Adams, Asst. City Attorney
Third party: L. P. Hicks, to which no reference is made in the CONSENT or in the
RESOLUTION. The Lease Agreement between Hicks and Schuch Leasing makes no
reference to the City; a copy of the Lease is on file in the Office of Director
of Aviation - 5/15/81. /S/ (E)
CONSENT TO ASSIGNMENT
WHEREAS, the City of Lubbock as Lessor and Schuch Leasing Co. d/b/a
Dollar Rent a Car, as Lessee executed a Lease Agreement on March 7th, 1977,
and
WHEREAS, the aforementioned Lease Agreement provided that the Lessor's
interest in said agreement shall not be assignable without consent of the City
of Lubbock; NOW THEREFORE:
The City of Lubbock hereby consents to the assignment of the Lessee's
interests under said Lease Agreement of 3-7-77 with Schuch Leasing Co. Such
consent shall in no way release the primary Lessee from any liabilities in-
curred under said Agreement.
Executed this 14th day of May 1981.
/S/ Bill McAlister
Bill McAlister, Mayor
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Jim Newsom
Jim Newsome, Deputy Director of Aviation
Fl �•
/S/ Angela Adams
Angela Adams, Asst. City Attorney
(Third party: L. P. Hicks, to which no reference is made in the CONSENT or in the
RESOLUTION. The Lease Agreement between Hicks and Schuch Leasing makes no
reference to the City; a copy of the Lease is on file in the Office of Director
of Aviation - 5/15/81) /S/ (E)
[NOTE: Lease Agreement filed with the original Resolution]
81-40-330-475 Consider a resolution authorizing the Mayor to execute a contract with a private
(38) appraisal firm for 1981 tax values on oil, gas,railroad and utility companies.
Resolution No. 804
Under the contract with the Tax Appraisal District, the City is required to
appraise oil, gas, railroad and utility companies. Inasmuch as these are
specialized fields, it was thought best to secure an outside appraisal firm to
do this work. Proposals from certified appraisal companies were sought, and
proposals from Latham and Stults, Inc., Pritchard and Abbott, and Thomas Y.
Pickett & Company were received.
The evaluation committee was comprised of Jim Kilchenstein, Roland Wilkinson,
Bill Payne, Robert Massengale and Charles Northington; they established four
331
MAY 1'4'
of $11,750 for the tax year 1982 and for 1983, plus $100 for each new producing
lease on the 1983 tax roll, plus 1982 inflation factor as published by the U.
S. Government. This firm has been in business fifty-five years and has had
extensive experience in this area. Additionally, the proposal indicated there
would be no extra charge for testimony and data reports in matters of litigation.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to
pass Resolution 804 authorizing a contract with Pritchard and Abbott for
appraisal services in the area of oil, gas, railroad and utility properties.
Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and
Aderton, and Councilwoman Baker voting Yea; None voting Nay.
RESOLUTION No..804
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement for
Professional Services with Pritchard and Abbott, 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 14th day of May 1981.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED:
/S/ Jim Kilchenstein
Jim Kilchenstein, Tax Assessor -Collector
APPROVED AS TO FORM:
ISI Mick McKamie
Mick McKamie, Assistant City Attorney
AGREEMENT FOR PROFESSIONAL SERVICES -
APPRAISAL OF OIL AND GAS, RAILROADS, AND UTILITIES
FOR THE LUBBOCK COUNTY APPRAISAL DISTRICT
This Professional Services Agreement, made in the City of Lubbock
in the State of Texas on this 14th day of May I.
1981, between the City of Lubbock, a municipal corporation in the State
of Texas (herein called the City), and Pritchard and Abbott, a professional
firm of valuation consultants (herein called the Firm).
WITNESSETH:
WHEREAS, the Lubbock County Tax Appraisal District has contracted
with the City of Lubbock to provide the Appraisal work for the entire
district, which encompasses all of Lubbock County, Texas; and
WHEREAS, the City has determined that it would be in the best
interest of the citizens of the City of Lubbock and the Lubbock County
Appraisal District for the appraisal of oil and gas, railroads, and
utilities lying within the boundaries of Lubbock County to be conducted
by a professional firm of valuation consultants; and
WHEREAS, the Firm is capable of and is desirous of providing such
appraisal services to the City of Lubbock;
NOW THEREFORE, in consideration of the mutual covenants, promises,
and agreements herein contained, the City and the Firm hereby covenant,
promise, and agree with each other as follows:
Ms
A. The Firm shall appraise all interest in Lubbock County in
leases producing oil, gas, or other minerals including working interest,
royalty interest, overriding royalty interest, oil payments, and other
like interests, showing current ownerships and addresses for tax billing
purposes.
B. The Firm shall appraise all personnel property in Lubbock
County related to the production of oil, gas, or other minerals, including
but not limited to drilling rigs, oil field supply stores, field compressors,
pipe lines, pump stations, and other like property; showing current
332
MAY 14 1981
in Lubbock County, including, but not limited to, telephone exchanges,
lines and appurtenances, long distance cables, microwave stations, cable
television, electric generation, transmission and distribution, gas
transmission and distribution, and other like properties; showing current
ownerships and addresses for tax billing purposes.
D. In addition to the appraisals, the firm shall prepare:
1. A data processed master Appraisal Roll of the properties
appraised;
2. A separate Appraisal Roll for each Taxing Unit in the
Lubbock County Appraisal District covering the property
appraised in the separate taxing units;
3. A set of 20-day Notices for the Chief Appraiser of the
Lubbock County Appraisal District to mail to owners of
the property appraised.
E. The firm shall be prepared to furnish personnel and documentation
for defense of valuations at the Board of Equalization hearings for the
Lubbock County Appraisal District for tax years 1982 and 1983. The firm
shall be prepared to furnish personnel and documentation for defense of
valuations, and shall be prepared to provide sworn testimony, at any
court action involving valuations provided to the City of Lubbock under
the terms of this Agreement.
WM
For the services to be performed by the Firm under the terms of
this Agreement, the City agrees to pay to the firm a total fee of ELEVEN
THOUSAND and the same amount for the 1983 tax year, plus $100.00 for
each new lease producing oil, gas, or other mineral on the 1983 tax roll
that was not on the 1982 tax roll, plus the 1982 inflation factor as
published by the United States Government.
The Firm shall be paid by the City for services rendered for tax
year 1982 upon completion by the Firm of all conditions of this Agreement
relating to said tax year. The Firm shall be paid by the City for
services rendered for tax year 1983 upon completion by the Firm of all
conditions relating to said tax year.
All services provided by the Firm under the terms of this Agreement
for tax year 1982, including documentation of all appraisals for valuation
purposes, shall be completed no later than February 1, 1982. All services
provided by the Firm under the terms of this Agreement for tax year
1983, including documentation of all appraisals for evaluation purposes,
shall be completed no later than February 1, 1983.
IV.
The laws of the State of Texas shall govern the terms of this
Agreement and all services provided hereunder.
V.
All material submitted to the City of Lubbock under the terms of
this agreement become the property of the City of Lubbock, and is returnable
at the City's option.
VI.
The term "appraisal" as used herein means the documentation of the
value of property based on one hundred percent (100%) fair market value
determined by following the guidelines set out in the Texas Property Tax
Board Manual.
VII.
Any obligation of the City created by or incurred under this agreement
is expressly contingent upon the appropriation, budgeting, and availability
of sufficient funds to pay for the services described herein. In the
event that these funds are not appropriated, budgeted, or otherwise made
available for the purpose of payment, then the City shall have the
option of termination upon written notice to the Firm. No penalty for
termination under the terms of this provision shall be required.
VIII.
The City shall have the right to assign its duties, privileges,
responsibilities, obligations, and other interest in this Agreement to
any other taxing unit or appraisal district in Lubbock County, Texas at
any time. Otherwise, this Agreeement is not subject to assignability by
either the City or the Firm, in part or in full.
M
333
MAY 14 1991
31-40-333-476
(39)
EM
The City and the Firm expressly agree that time is of the essence
of this Agreement.
N"
This Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof, and supercedes all proposals,
oral or written, all previous negotiations and agreements and all other
communications between the parties with respect to the subject matter
hereof.
IN WITNESS WHEREOF the parties hereto have executed this Agreement
as of the day and year first above written.
CITY OF LUBBOCK
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
/S/ Jim Kilchenstein
Jim Kilchenstein, Tax Assessor -Collector
APPROVED AS TO FORM:
/S/ Mick McKamie
Mick McKamie, Assistant City Attorney
PRICHARD & ABBOTT
WA
ATTEST:
James Rapier
District Manager
Odessa Office
Consider appointment of Substitute Judges for Municipal Court
It would be helpful to have additional attorneys appointed
as substitute judges to assist with the dockets in Municipal Court when
an overload occurs, or in the event of sickness or other absences of the
permanent judges.
The recommendations are:
J. Michael Irish
Horace Mitchell
Mackey Hancock
3014 23rd (.10) 792-1370
Lubbock Natl Bank 763-9203
6604 Orlando (13) 797-5490
1204 Avenue J (01) 763-3409
4405 77th (23) 795-9781
1220 Broadway (01) 765-8780
These appointees would be retained on a per them basis.
The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem
Henry to approve the above referenced appointees as Substitute Judges
for Municipal Court. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilmen Brown and Aderton, and Councilwoman Baker voting Yea;
None voting Nay.
81-40-333-477 Consider request of Dwayne McQueen for Exception to Building Code.
(39B) " ' ''
Mr. McQueen requested this matter be considered as an emergency item. He is the
design architect for two Section 8 housing projects--51st Street and Avenue L (36
units) and Frankford and 24th St. (96 units).
Resulting from a recent onsite inspection, the projects are in violation of the
Building Code as it relates to the size of the windows being used. The present
Building Code for the City of Lubbock requires that the vertical opening for sash-
I-1- —4—AnT.7c in a in al a anti multi -family i in i tq b.- 90" ! Hit- urincinw.-_ bpi nq ii.qpd in
334
MAY 11 193A
grant his request, as it was their feeling that to grant such a variance was not
within their jurisdiction; subsequently, Mr. McQueen was referred to the Council.
At the 8:30 Work Session, the Council was apprised of the options available to them":
(1) they could change the existing ordinance to accommodate the 18.5" variance 11
which Mr. McQueen's projects allow (the Staff and Fire Chief Foster did not reco n
this as the Lubbock Building Code already varies from the National Building Code
(20" vs. 24"), and approval of further variance jeopardizes life -safety provisions
(_2) there is "hardship" language in the present ordinance, the the Council has the
prerogative of defining "hardship"; in any instance, the ordinance should not be
waived; (3) have the ordinance remain as it is written, and enforce same.
At the Regular Session, Mr. McQueen appeared and reiterated those facts as stated
above. In response to Council query, he indicated that the warranty on the windo,
would be in jeopardy if they were modified to comply with the Code; additionally,
the manufacturer had refused to exchange them for the proper size.
Appreciating the dilemma that Mr. McQueen is in, but in the interest of complying
with the Building Code as written, the motion was made by Councilwoman Baker, seco
by Councilman Aderton to DENY the above request to grant an exception to the Build
Code. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilman Aderton an
Councilwoman Baker voting Yea; Councilman Brown abstained.
81-40-334-478 Bid No. 6312 for miscellaneous electric items (warehouse stock).
(40)
Low Bidder Westinghouse Electrical Supply
Company Lubbock, TX ($7,630.00)
81-40-334-479 Bid No. 6308 for miscellaneous electric items (warehouse stock).
(41)
Items 1 Reef Industries, Inc,
Houston, TX
Item 2, 17
Temple, Inc
Lubbock, TX
Items 3, 16 C. B. Anderson Company
Amarillo, Texas
Item 6 Westinghouse Electric Supply
Company, Lubbock, TX
Items 7-11, 14-15 Nelson Electric Supply Co.
Lubbock, TX
Item 12, 13 General Electric Supply Co.,
Lubbock, TX
81-40-334-480 Bid No. 6323 for miscellaneous electric items Warehouse stock).
(42)
Items 1-4 North Supply Company,
Lenexa, Kansas
81-40-334-481
(43)
81-40-334-482
(44)
Bid No. 6309 for steelpipe (warehouse stock).
Low Bidder
Bid No. 6310 for steel shelving (Garage).
Low Bidder
L. B. Foster Company
Midland, TX ($52,896.78)
Steel Shelving Sales Company,
Lubbock, TX ($6,352.39)
81-40-334-483 Bid No. 6328 for light fixtures (Parks & Rec. Dept.) (CD Monies)
(45)
Low Bidder Musco Sports -Lighting, Inc.
c/o Birdson Products,
Arlington, TX ($15,483.60)
81-40-334-484 Bid No. 6327 for cemetery lowering device (Parks & Rec. Dept.).
(46)
Low Bidder Puckett Supply Company,
Greensboro, N. C. ($3,003.90)
81-40-334-485 Bid No. 6337 for aluminum and ferric sulfate (Water Treatment Plant).
(47)
Low Bidder Russ Chemical Company,
Odessa, TX ($30,000.00)
81-40-334-486 Bid No. 6345 for time base clock coordination units (Traffic Engineering).
(48)
Low Bidder Traffic Signal Equipment,
Fort Worth, TX ($13,362.00)
ed
9
81-40-334-487 Bid No. 6350 for 40' traffic pole assemblies (Traffic Engineering).
(49)
Low Bidder Signal Pole, Inc.,
Oklahoma City, Okla ($5,469.75)
335
1-40-335-489 Bid No. 6311 for roofing Mackenzie Terrace Party House, and authorize same (Parks &
(51) Rec. Dept.) (CD Funds).
Low Bidder Lydick Roofing Company
Lubbock, TX ($6,902.00)
Resolution #805
AA: j s
RESOLUTION NO. 805
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock an Agreement between the City of
Lubbock and Lydick Roofing Company for roofing on McKenzie Terrace 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 14th day of May 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ John Alford
John Alford, Director of Parks and Recreation
APPROVED AS TO FORM:
/S/ Angela Adams
Angela Adams, Assistant City Attorney
1-40-335-490 Bid No. 6335 for widening Avenue "K" and "L", from 38th Street to 38th (Engineering),
(52) and authorize same.
%le
Low Bidder
Resolution #806
RESOLUTION NO 806
W. D. Turner Construction
Company, Lubbock, Texas
($163,966.75)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a contract to be entered into by and
between said City and W. D. Turner Construction Company for construction of the widening of
Avenues "K" and 'T' from 28th Street to 38th Street, including furnishing and placing all
materials, labor, tools, equipment and incedentals necessary to complete the work, attached
herewith, and recorded in the Minutes of this Council and shall constitute and a part of
this Resolution as if fully copied herein in detail.
PASSED by the City Council this 14th day of May, 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
ell
336
Director of Purchasing Floyd Nesbitt, apprised the Council that all bids meet
specifications and the low bidders are as indicated above.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to awe
Bid Nos. 6312, 6308, 6323, 6309, 6310, 6328, 6327, 6337, 6345, 6350, 6324, 6311 a
to pass Resolution No. 805 authorizing a contract associated with Bid No. 6311 ar
to pass Resolution No. 806 authorizing the contract associated with Bid No. 6335.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Adert
and Councilwoman Baker voting Yea; none voting Nay.
81-40-336-491 An appropriation ordinance for the remainder of construction costs for widening
(53) Avenues "IV' and "L" from 28th Street to 38th Street (GWO 10,977).
Ordinance No. 8194
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass
Ordinance No. 8194 on first reading. Motion carried: Mayor McAlister, Mayor Pro
Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
ORDINANCE NO. 8194
WORK ORDER NO. 10,977
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 of $ 164,804.76.
For the following purposes: Pavement widening on Avenues 11K11 and "L" from
28th Street to 38th Street.
Prior Appropriation Ordinance Numbers Issued for this Project 7833
Projected Costs
Contract Amount $163,966.75
6% Engineering 9,838.01
Total $173,804.76
Less Previous
Engr. Appropriations (9,000.00)
$164,804.76
Projected Funding
Sale of Bonds $164,804.76
AND IT IS SO ORDERED.
Passed by the Council on first reading this 14th day of
Passed by the Council on second reading this day of
ATTEST:
VERIFIED BY:
May , 1981 .
City Secretary -Treasurer Director of Finance
APPROVED BY:
Department Head
Mayor
19
81-40�336-492 Consider an ordinance on the first reading authorizing the issuance of $9,000,000
(35) Electric Revenue Bonds, Series 1981.
Ordinance No. 8195
This item was considered at 1:00 P.M. to allow all members of the Electric Utiliti s
Board to be present. r�
This item was considered at the April 23, 1981 Regular Meeting, but the motion m
in support thereof died for lack of a second; subsequently, a motion to consider
this matter on this date was approved.
The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass I
Ordinance No. 8195 on first reading authorizing the issuance of $9,000,0000 Electric
Revenue Bonds, Series 1981. Motion carried: Mayor McAlister, Mayor Pro Tem Henry!
Councilwoman Baker voting Yea; Councilmen Brown and Aderton voting Nay. I
Councilman Brown's comments that followed reflected his position in voting against
this matter to be that this was a great deal of money to be expending when from hi
point of view there had not been sufficient data submitted to the Council to ascer ain
the feasibility of such an appropriation; that while the utility company had been
asset to the City in years past., operating in an economical manner, the material
submitted to him was not factual enough to make a sound judgmental decision in thi"
337
MAY 14 1981
like to see an outside consulting firm make an independent study of this information,
and submit their factual findings and proposed recommendations.
Councilman Aderton reiterated Councilman Brown's statements, supporting his suggestion
that there were professional consultants with the expertise to do this kind of
study.
Mayor McAlister responded that he had served on the Council for the last five years,
and he did not feel the Council had been negligent in studying and considering these
matters; that the Utility Board has performed diligently and in the best interest of
the citizens; that he would be amenable to having an in-depth study made, the final
report being completed by July of this year.
He asked the Council if they would be amenable to the staff submitting a list of
proposed consulting firms with the expertise of this type at the May 28, 1981 meeting,
from which the Council could formulate some guidelines and issue some directives.
BY CONSENSUS: they concurred.
7_1 Mayor Pro Tem Henry stated that he was amenable to such a study, but he did not
think it should be a "hunting" -type study, but that specific questions should be
ar stated by all members of the Council and submitted to the consulting firm as guide-
lines; it would also expedite their study. He restated that these guidelines should
be submitted to them in writing.
The Mayor announced that the above ordinance would be considered for second reading
at a Special Meeting on Friday, May 15, 1981 at 11:30 A. M.
The Council recessed at 1:58 P.M., reconvening at 2:00 p.m. as the Regulatory Authority
for the public hearing scheduled as published.
ORDINANCE NO. 8195,,
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, AUTHORIZING THE
ISSUANCE OF $9,000,000 "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE
BONDS, SERIES 1981", FOR THE PURPOSE OF PROVIDING FUNDS FOR MAKING IMPROVEMENTS AND
EXTENSIONS TO THE CITY'S ELECTRIC LIGHT AND POWER SYSTEM, i.e. IMPROVEMENTS AND EXTENSIONS
TO THE TRANSMISSION AND DISTRIBUTION FACILITIES, AS AUTHORIZED BY THE GENERAL LAWS OF THE
STATE OF TEXAS, PARTICULARLY ARTICLE 1111, et seq., and ARTICLES 2368a, V.A.T.C.S.:
PRESCRIBING THE FORM OF THE BONDS AND THE FORM OF THE INTEREST COUPONS: PLEDGING THE NET
REVENUES OF THE CITY'S ELECTRIC LIGHT AND POWER SYSTEM TO THE PAYMENT OF THE PRINCIPAL OF
AND INTEREST ON SAID BONDS: AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT
AND PURPOSE OF THIS ORDINANCE: AND PROVIDING AND EFFECTIVE DATE.
81-40-337-493 -Sitting as the Regulatory Authority, consider information reEardin& water rate increases for
(24) Yellowhouse Canyon Water System.
In accordance with a Notice published in the Lubbock Digest on April 30, 1981, a
public hearing was convened at 2:09 p.m. on the above matter.
Director of Finance J. Robert Massengale apprised the Council that his department
had analyzed the information available to them, but that no attempt was made to
perform an audit on said system. Based on the information available to them, it was
their findings that the previous rate of $10.00 for the first 1,000 gallons of water
was insufficient, and that the $22.00 rate that had been charged the customers since
March 1 was in excess; therefore, it was his recommendation that a rate increase be
granted, to -wit: $20.00 for the first 1,000 gallons and $1.50 per each thousand
gallons thereafter.
In response to Council query, the data reflected that no investment in the system
can be determined; that the system was apparently acquired with borrowed funds.
Appearances: Robert Gibson, President
Yellowhouse Canyon Neighborhood Assn.
James Moss, a resident
Willie Stewart
Martha Gibson
Precious Brown, a widow
Mr. Gibson stated that the residents in the area did not want to deprive Mr. Travis
Martin, the owner, of a just and fair rate, but they were opposed to the excessive
rate he had been charging, as it worked a hardship on those on fixed incomes or on
limited incomes. He did state, however, that the residents were desirous of the
Orders issued to Mr. Martin by the Council being enforced and repeated extensions
of the Orders be eliminated; that the customers were entitled to better and more
constant service from Mr. Martin, and it was the Council's responsibility to see
that he provided these services in accordance with the PUC.
At this point, the Mayor asked Attorney Jim Brewster to what extent could the discussion
center on the subject of "service," to which Mr. Brewster responded that the Notice
was published to consider a proposed rate increase and that matters regarding service,
or lack thereof, could be considered only as it relates to the proposed rate increase.
In response to the Council suggestion of the Association purchasing the water system,
the response was that there was no one in the area affluent enough to purchase it.
In response to the Council suggestion that a co-op be formed to operate the system,
the residents' response was to the effect that no one was sufficiently trained to do
this.
Councilwoman Baker asked Mr. Martin, the owner, what he was willing to do, and what
338
ta , -
I k Ass,
J
he had resolved the problem of low pressure. etc. with Sam Wahl's help.
Councilman Aderton suggested to Mr. Martin that he get "the Travis Martin Public
Relations Firm" working in cooperation with these customers providing them the
service to which they are entitled, and the Council would like to assist him as
best they could, with his cooperation.
There being no further discussion, the hearing was closed at 2:30 p.m.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to
approve a rate increase of $20.00 per first thousand gallons, $1.50 for each
thousand gallons thereafter, effective Mary 1, 1981, and that all charges in exc ss
of this approved rate be reflected as a credit entry on the respective customer'
bill (May statements). Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
MM:da
CITY COUNCIL OF THE CITY §
OF LUBBOCK, TEXAS §
REGULATORY AUTHORITY §
ORDER
AN ORDER OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, SITTING AS A PU3LIC
UTILITY REGULATORY AUTHORITY, AS TO A PROPOSED RATE INCREASE APPLICATION BY THE
YELLOWHOUSE CANYON WATER SYSTEM, A WATER UTILITY SITUATED WITHIN THE CITY OF
LUBBOCK, TEXAS.
WHEREAS, the Yellowhouse Canyon Water System filed a Statement of Intent to
Increase Rates on January 23, 1981 to become effective on March 1, 1981;
WHEREAS, documentation and other evidence supporting such proposed rate inc
as required by law has been presented to the Regulatory Authority by the c
Utility;
WHEREAS, upon such documentation, evidence, and recommendations of the stafl,
evidence has been presented to the Regulatory Authority that indicates that the
proposed rates would be unreasonable under the provisions of art. 1446c, Vernon':
Annotated Civil Statutes; and,
WHEREAS, upon consideration of all matters, documentation, and testimony
properly before it, the Regulatory Authority at public hearing finds that
the just and reasonable rate that should be charged to all customers of
the Yellowhouse Canyon Water System is TWENTY ($20.00) DOLLARS for the
first 1000 gallons of consumption, plus ONE AND 50/100 ($1.50) DOLLARS
per each additional 1000 gallons of consumption; NOW THEREFORE:
IT IS HEREBY ORDERED:
THAT pursuant to the provisions of art. 1446c, Vernon's Annotated
Civil Statutes, the Yellowhouse Canyon Water System shall be entitled to
place into effect as of the date of this Order, the following rate schedule:
TWENTY ($20.00) DOLLARS per month for the first 1000 gallons of
consumption
ONE AND 50/100 ($1.50) DOLLARS per month for each additional 1000
gallons of consumption
THAT the Yellowhouse Canyon Water System shall credit against the
current billing on each and every account all sums collected since March
1, 1981 to the date of this Order in excess of the lawful rate stated
herein.
ISSUED this 14th day of May, 1981.
BILL McALISTER, MAYOR
ATTEST:
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/S/ Mick McKamie
Mick McKamie, Assistant City Attorney
339
MAY 14 1981
7
81-40-339-494 Consider a resolution regarding legislative redistricting.
(39A)
Resolution No. 807
The Council was not really desirous of placing on file in Austin a resolution
stating a specific position on the matter, forthe reason that they did
not feel it would have any impact. However, Councilwoman Baker indicated
it had been communicated to her that in the best interests of the City,
some form of a resolution should be submitted in the event litigation by
the Justice Department resulted.
The Mayor then asked Attorney Jim Brewster how best could this be stated.
Mr. Brewster waxed eloquently to the effect that said reapportionment
regarding State Districts #123 and #124 should be fair and equitable to
the citizens of Lubbock and its environs; that said reapportionment
should give further compliance to the law of the State of Texas reflecting
equal validity to the One -Man -One -Vote doctrine; that the Legislature
should keep in mind, and preserve, the historic community that is of
interest to the citizens of this area and the reapportionment should
conform to the historic value that is of common interest to the citizens
of this area; and that in the event of litigation, if any, resulting from
said reapportionment, that the burden of such litigation not rest upon
the shoulders of the citizens of this City.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton
to pass Resolution #807, "saying just that." Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton, and Councilwoman
Baker voting Yea; None voting Nay.
RESOLUTION No. 807
A RESOLUTION MAKING A NEW RECOMMENDATION FOR CHANGES IN DISTRICT
LINES FOR STATE REPRESENTATIVE DISTRICT 75A (123) AND STATE REPRESENTATIVE
DISTRICT 75B (124).
WHEREAS, the 1980 Official Final Federal Census determined that the
City of Lubbock has a population of 173,979, and
WHEREAS, State Representative District No. 75A (123) has a population
of 95,818 within said District, and
WHEREAS, State Representative District No. 75B (124) has a population
of 70,382 within said District, and
WHEREAS, there is a need to equalize the representation between the
two Districts; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the 67th Session of the Texas Legislature enact a system of
reapportionment regarding State Representative District #123 and State
Representative District #124 that would be fair and equitable to the
citizens of the City of Lubbock and its environs;
THAT the 67th Session of the Texas Legislature enact a system of
reapportionment of said State Districts that would give further compliance
with the law of the State of Texas reflecting equal validity to the One -
Man -One -Vote Doctrine;
THAT the 67th Session of the Texas Legislature consider and preserve
the historic community of this area and that the reapportionment thereof
conform to the historic value that is of common interest to the citizens
of this area; and
340
MAY 14 jjZA
THAT in the event litigation, results from said reapportionment
enacted by the 67th Session of the Texas Legislature, that the burden of
such litigation not rest upon the shoulders of the citizens of the City
of Lubbock.
Passed this 14th day of May , 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Bob Cass
Bob Cass, Administrative Assistant
ISI Angela Adams
Angela Adams, Assistant City Attorney
81-40-340-495 Consider two appointments to the SOUTH PLAINS EMPLOYMENT AND TRAINING
(54) CONSORTIUM, to fill the unexpired term of Tom Witt, former Director of
Personnel, who has moved out-of-town, and to fill a newly created position
for Administrative Staff.
81-40-340-496
(55)
81-40-340-497
(56)
81-40-340-498
(57)
81-40-340-499
(58)
The Consortium's Planning Council had received word from the Department
of Labor regarding the inappropriate racial makeup of the Planning Council,
as related to the lack of women and Black representation.
Rita Harmon Asst. Personnel Director
City of Lubbock
(to fill the unexpired term of Tom Witt)
Rickey Childers
Admin. Asst.
City Manager's Office
Consider one appointment to the PLUMBING BOARD, to fill the unexpired
term of Sonny Arnold, said term expiring l/l/85. Category:
"Citizen of City, of voting age (Ord. 8106)"
Jack W. McQueen 2116 - 67th (12) 745-4021
Realtor 4505 Avenue Q (12) 747-3431
(to fill the unexpired term of Sonny Arnold, said term
expiring l/l/85)
Consider two appointments (Alternate Members) to the BOARD OF
TAX EQUALIZATION. Ms. Virginia Campbell and Jerry Nislar were
unable to accept their appointments.
Leete Jackson
V.P., Red Raider Club
(Ms.) Kaye Houser
Realtor
2128 - 54th (12)
P. 0. Box 456 (08)
3205 42nd (13)
4630 - 50th (14)
Consider ratifying the LISD appointees to the 1981 BOARD OF TAX
EQUALIZATION.
Mrs. Ruth Lewis
Scott MacKenzie
Ted Rushing
Virginia Campbell
Durward Lewter
Willy Acosta
George Carpenter
Brent Armstrong
Charlie Cannon
Consider three appointments to the HUMAN RELATIONS COMMISSION.
The terms of Bishop W. D. Haynes, Harold Chatman and Joan Y.
Ervin expire 5/25/81.
Ext. 316
Ext. 21)04
744-2622
762-8680
795-6557
793-0703
Bishop W. D. Haynes 3256 - 53rd (13)
Minister 2411 - Fir (03)
Reappointed for 3-year term: 5/25/81 - 5/25/84
796-2637
744-5334
James Minor 3608 - 38th (13) 795-7296
341
MAY 14
First National Bank P.O. Box 1241 (08) 765-8861
Term: 5/25/81 - 8/25/84
Aaron Harvey 3705 - Elkhart (07) 796-2638
Employment Office
SW Bell Telephone 2010 Avenue R (11) 741-6361
Term: 5/25/81 - 5/25/84
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown
to approve the above appointees, and to ratify the LISD appointees to the
1981 Board of Tax Equalization. Motion carried: Mayor McAlister, Mayor
Pro Tem Henry, Councilmen Brown and Aderton, and Councilwoman Baker
voting Yea; none voting Nay.
There being no further business to come before the Council, the motion
ti was made by Councilwoman Baker, seconded by Councilman Brown to adjourn
at 3:04 P.M. Motion carried: Mayor McAlster, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
B L mcAtiSTIER, MAYOR
ATTEST:
Evelyn Gaffga, City Secretar`yJTreasurer
READ AND APPROVED THIS 28th DAY OF MAY, 1981
BILL McUISTER, MAYOR
ATTEST:
Evelyn Gaf1ga, City Secreta-rv-TJreasurer
LJ