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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/28/1981346 MAY 2 8 1991 81-40-346-504 ( 1) 81-40-346-505 ( 2) CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING May 28, 1981 At 8:35 a.m., Mayor McAlister announced that an Executive Session would be held for the purpose of considering pending litigation; 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 28, 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 Cunnir. City Attorney John C. Ross, Jr., and Deputy City Secretary Mary C. Gonzales. Absent: City Secretary -Treasurer Evelyn Gaffga. The invocation was given by Jim Weston, Director of Community Facilities. Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. 81-40-346-506 Approval of Minutes - Regular Meeting, May 14, 1981 3) Special Meeting, May 15, 1981 The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve the above referenced minutes. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-346-507 ( 4) 81-40-346-508 ( 5) 81-40-346-509 ( 6) 81-40-346-510 (6a) Citizen Appearances Board Appointments Jack W. McQueen Leete Jackson James Minor Rita Harmon Rickey Childers Proclamations Plumbing Board Board of Tax Equalization (Alt. Member) Human Relations Commission South Plains Employment and Training Consortium South Plains Employment and Training Consortium "Pest Control Month" - Month of June, 1981 Receiving: Bill Gafford, Owner of Gafford Exterminating Co. Eddie Bishop, President of Lubbock Pest Control Asso. "Parks and Recreation Month" - Month of June, 1981 Receiving: 0. V. Scott,, Member of the Parks & Recreation Board "Recycling Month" - Month of June, 1981 Receiving: Jo Beth Holub, Public Relation, Coors, Great Plains Distributors T- a 347 81-40-347-511 A representative of the Parks and Recreation Board will appear to present recommendation ( 7) regarding the Title III Senior Citizen Nutrition Program, and consider resolutions authorizing contracts. 81-40-347-511a Resolution No. 809 (7a) 81-40-347-511b Resolution No. 810 (7b) At the 8:30 a.m. Work Session, the City Council was apprised by City Manager Larry Cunningham that the two requests involved were: 1. Information and referral services, social recreation and transportation. 2. Meal Program, which is currently providing 296 hot meals each weekday at six sites in the City. Mr. Cunningham stated that $39,000 had been authorized by the Council in September of 1980, for the Senior Citizens Nutrition Program for an additional year. However, SPAG provided only for a 9-month Program, the reason being that the State did not have sufficient matching credits. Therefore, the requests involves funding for information and -..referral, transportation and social recreation for a three-month period beginning July 1, 1981 and a six-month period, from July 1, 1981 through December, 1981, for the meal program. Mr. Cunningham felt this was a reasonable request. At the regular meeting, Mr. 0. V. Scott, representing the Parks and Recreation Board, appeared before the Council and reiterated the two request involved. He added that the meal program is estimated to total $110,427. All but $19,164 would be financed by federal funds and donations, leaving a deficit of $ 19,164. Of this deficit, $12,400 in CD funds, which have been previously approved for this program will be available to continue this program. This will leave $6,764 in additional financial requirements for continuation of the program. Mr. Scott asked that the Council approve the above referenced contracts and to provide for $6,654 in additional CD funds to continue the Title III Nutrition Program for an additional six months. The motion was made by Mayor Pro Tern Henry, seconded by Councilwoman Baker to approve the two referenced contracts as presented passing Resolution 809 authorizing the contract for funding for information and referral, transportation and social recreation for a three- month period begining July 1, 1981; and to pass Resolution No. 810 authorizing the contract providing the meal program for a six-month period from July 1, 1981 through December, 1981. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. _...< i AA:bs RESOLUTION NO. 809 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 with South Plains Association of Governments concerning information, referral, and social recreation services for senior citizens, 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 28th day of May ,1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer by Mary C. Gonzales, Deputy APPROVED AS TO CONTENT: /S/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: .. . /S/ Angela Adams Angela Adams, Asst. City Attorney *NOTE: Contract is attached and filed with original Resolution No. 809. 348 AA:bs RESOLUTION NO. 810 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 with South Plains Association of Governments concerning congregate meals and home delivered meals for senior citizens, 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 28th day of May 19 8 1. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer by Mary C. Gonzales, Deputy APPROVED AS TO CONTENT: ISI Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Asst. City Attorney *NOTE: Contract is attached and filed with original Resolution No. 810. 81-40-348-512 Representatives of Lubbock Industrial Development Corporation will ,a�earto 8) present a recommendation regarding bond resolution, loan agreement and trust indentures for Magnolia Seed Company of Lubbock. Resolution,No. 811 The City Council has previously approved the issuance of Industrial Revenue Bonds for the Magnolia Seed Company (January 8, 1981) in conjunction with an agreement that they had entered into with the Lubbock Industrial Development Corporation. Section 25, Subsection F of the Development Corporation Act of 1979 requires that the governing body of the City approve, by written resolutic the bond resolution trust indenture and a loan agreement for the issuance of $700,000 in Industrial Development Revenue Bonds. This approval must be given not more than 60 days prior to date of the sale of the bonds. All necessary documents have been prepared by the bond attorneys in Dallas, Dumas, Huguenin, Huffman and Marrow. Mr. Peck McMinn, President of Lubbock Industrial Development, appeared before the Council and stated that this would involve the construction of 30,000 square feet expansion of an industrial warehouse and distribution complex, which is located at 925 East 66th Street. This warehouse will be utilized in the warehousing and distribution of garden supplies and equipment. The warehot distribution facilities will occupy 25,000 square feet and the remaining 5,000 square feet will be utilized as an office area. Mr. McMinnstated that this project will create four new jobs, these jobs consisting of professional, clerical and unskilled warehouse positions. The amount which is requested is $700,000 in Industrial Development Revenue Bonds which has been reviewed by First Southwest Company in Dallas. These bonds will be issued at a 10% interest rate, payable semi-annually. The purchaser is Texas Commerce Bank in Houston, the Trustee and Paying Agent is Texas Commerce Bank in Irving, Texas. Mr. McMinn stated that the warehouse is now under construction and is 20% to 25% complete, anticipating the completion of the project on August. The motion was made by Councilman Aderton, seconded by Councilman Brown to approve Resolution No. 811 authorizing the issuance of $700,000 in Industrial Development Revenue Bonds. Motion carried: Mayor McAlister,Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 349 7=99M DGV:bs RESOLUTION NO. 811 A RESOLUTION by the City Council of the City of Lubbock, Texas, bonds approving agreements and resolution authorizing the issuance of revenue b of the Lubbock Industrial Development Corporation relating to the financing of industrial or manufacturing facilities for Magnolia Seed Company of Lubbock. WHEREAS, on the 8th day of January, 1981, the City Council approved a memorandum of agreement by and between the Lubbock Industrial Development Corporation (the "Issuer") and Magnolia Seed Company of Lubbock (the "Company") pertaining to financing the costs of acquirin and constructing facilities to be operated and maintained by the Company. in its trade or business and used for manufacturing or industrial purposes by the Company (the "Project"); and WHEREAS, I final agreements in relation to financing the Project and a resolution adopted by the Board of Directors of the Issuer authorizing the issuance of its revenue bonds in the principal amount of $700,000 have been submitted to this City Council for approval as required I by Section 25(f) of the Development Corporation Act of 1979 (Article 5190.6, V.A.T.C.S.); and WHEREAS, the City Council hereby finds and determines that the resolution of the Issuer authorizing the issuance of the Lubbock Industrial Development Corporation Industrial Developm( Revenue Bonds,, Series 1981 (Magnolia Seed Company of Lubbock Project) in the principal amount mount of $700,000 and the agreements executed in connection therewith, should be approved; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That the resolution of the Board of Directors of the Issuer entitled as follows: "A RESOLUTION by the Board of Directors of the Lubbock Industrial Development Corporation relating to the issuance of revenue bonds to be known as "'LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1981, (MAGNOLIA SEED COMPANY OF LUBBOCK PROJECT)", dated June 1, 1981; fixing the details and providing for the payment and security of such bonds, approving and authorizing the execution of a Loan Agreement, Trust Indenture, Collateral Assignment and Security Agreement and approving and accepting a Deed of Trust, Security Agreement, Assignment of Rents and Financing Statement in relation to the payment and security of such bonds and the rights of the holders of such bonds, making such Loan Agreement, Trust Indenture, Deed of Trust and Collateral Assignment a part of this Resolution; making certain findings, covenants and declarations relating to such bonds and the issuance thereof; acknowledging the rights of the Corporation under the Loan Agreement, the Note and the Deed of Trust to be assigned to the Texas Commerce Bank - Irving, as trustee, under the Trust Indenture, Collateral Assignment and Security Agreement; and resolving other matters incident and related to the subject and purpose of this Resolution." it together with M a Trust Indenture from the Issuer to the Texas Commerce Bank - Irving, Irving, Texas, as trustee, dated as of June 1, 1981 (attached to said resolution as Exhibit "A"), (ii) a Loan Agreement by and between the Issuer and the Company, dated as of June 1, 1981 (attached to said resolution as Exhibit "B"), (iii) the Deed of Trust, Security Agreement, Assignment of Rents and Financing Statement from the Company (attached to said resolution as Exhibit "C"), and (iv) a Collateral Assignment and Security Agreement from the Issuer to Texas Commerce Bank - Irving, as trustee (attached to said resolution as Exhibit "D") are hereby in all respects approved. SECTION 2: The approval herein given is in accordance with the provisions of Section 25(f) of the Development Corporation Act of 1979, and is not to be construed as any undertaking by the City of Lubbock, Texas, and such bonds shall never constitute an indebtedne! or pledge of the Issuer, the City of Lubbock, Texas, and such bonds shall never constitute an indebtedness or pledge of the Issuer, the City of Lubbock, Texas, or the State of Texas within the meaning of any constitutional or statutory provision, and the holder of such bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation or any other revenues of the Issuer, the City of Lubbock, Texas, or the State of Texas except those revenues assigned and pledged by the resolution authorizing the issuance of such bonds. ' SECTION 3: The programs and expenditures authorized and contemplated by the aforesaid documents are hereby in all respects approved. PASSED AND APPROVED, this 28th day of Ma /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer by Mary C. Gonzales, Deputy (City Seal) 'IM.-Im APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney 350 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK I, the undersigned, City Secretary of the City of Lubbock, Texas, DO HEREBY CERTIFY as follows: I. That on the 28th day of _ May 1981, the City Counci. of the City of Lubbock, Texas convened in session at its meeting place in the City Hall of said City; the duly constituted membersregula� of the Council being as follows: BILL McALISTER MAYOR ALAN HENRY M. J. ADERTON COUNCILMEMBERS E. JACK BROWN JOAN BAKER and all of said persons were present at said meeting, except the following: none Among other business considered at said meeting,_ �the attached resolution entitled: "A RESOLUTION by the City Council of the City of Lubbock, Texas, ap- proving agreements and resolution authorizing the issuance of revenue bonds of the Lubbock Industrial Development Corporation relating to the financing of industrial or manufacturing facilities for Magnolia Seed Company of Lubbock." was introduced and submitted to the Council for passage and adoption. After presentation and due consideration of the resolution, a motion was made by Councilman M. J. Aderton that the resolution be finally passed and adopted. The motion was seconded by Councilman E. Jack Brown and carried by the following vote: 5 voted "For" 0 voted "Against" -0 abstained all as shown in the official Minutes of the Council for the meeting held on the aforesaid date. 2. That the attached resolution is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the City Council of said City on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, each member of the Council was given actual notice of the time, place and purpose of the meeting and had actual notice that the matter would be considered; and that said meeting, and deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the entitled resolution, was posted and given in advance thereof in compliance with the provisions of Article 6252-17, Section 3A, V.A.T.C.S. IN WITNESS WHEREOF., I have hereunto signed my name officially and affixed the seal of said City, this the 28th day of _ May , 1981. _.ZSJ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer City of Lubbock, Texas (City Seal) by Mary C. Gonzales, Deputy *NOTE: Exhibits A, B, C & D are filed with original Resolution No. 811. 351 auffimm 81-40-351-513 ordinance No. 8194 es K and L (10) remainder of construction costs for widening Avenues An appropriation ordinance for from 28th Street to 38th Street (Gwo 10,97 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: Street Capital There is hereby appropriated out of the following described fund, to -wit: Improvements the sum of $ 164,804.76. K" and "L" from 28th Street to 38th For the following purposes: -Pavement widening -on ..Avenues Street 7833 riation Ordinance Numbers Issued for this Project Prior Approp Projected Costs ProjectedFunding Contract Amount $163,966.75 6% Engineering 9,838.01 Total $173,804.76 Less Previous (9,000-00) Engr. Appropriations $164 . 804-76 Sale of Bonds $164,804.76 (1979 Series) AND IT IS So ORDERED. Passed by the Council on first reading this 14th day of --- May 1981 Passed by the Council on second reading this 28th day of­n� 1981 /S/ Bill McAlister Mayor n Gaffga _ VERIFIED BY: /S/ J. Robert Massengale ATTEST:/S/ Evely Director of City Secretary -Treasurer by Mary C. Gonzales, Deputy APPROVED BY: /S/ Don Jennings Department Head 81-40-351-514 ordinance No. 8193 (11) An appropriation ordinance for mat . 6rials and equipment for interconnect with Southwestern Public Service. ORDINANCE NO. 8193 WORK ORDER 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: Com letion of an interconnect tie -line with Southwestern Public Service Company.... 352 81-40-352-515 (12) 81-40-352-516 (13) 81-40-352-517 (14) Ord 8271 (1-14-82) amends Ord 8190. Ord 8279 (2-11-82) amends Ord 8190. Ord 8357 (9-9-82) amends 1 1-1 r-4 00 - -4 00 Ln C14 0014 00 r-4 0000 -It Z Z 10 H �4 ;:hllw IRM Prior Appropriation Ordinance Numbers Issued for this Project 9018 & 8122 8083, 8079 ProjectedCosts Projected Funding~ Materials & Equipment $737,000 Retained Earning AND IT IS SO ORDERED Passed by the Council on first reading this 14th day of May 1981. Passed by the Council on second reading this 28th day of May 19-81. S1 Bill McAlister $737,000 ATTEST:/S/ Evelyn Gaf--ga u'Ey Secretary-TreasurerVERIFIED BY:/S/ T. Robert Massengale — by Mary C. Gonzales, Deputy Director of Finance APPROVED BY:/S/ Carroll McDonald Department Head -- Ordinance No. 8188 Mayor An ordinance removing the t affic Ord signalNo. — �slignal at AE2A-dw-a 1148 in its entirety. y and Avenue U, and repeal 1�- 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. Ordinance No. 8189 An ordinance a speed limits on Slide Road (FM 1730) from South Loop 289 _��mending to .2 miles north of �82�d �Street. 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 PUBLICATION. Ordinanc-e No. 8190 An ordinance authorizing the installation and maintenance of traffic signals at various locations. AA:pc ORDINANCE NO. 8190 Ord 8190. AN ORDINANCE SETTING FORTH LAWFULLY ERECTED TRAFFIC SIGNALS WITHIN THE Ord 8190-A (6-9-83) amends CITY OF LUBBOCK AT LOCATIONS HEREIN SET FORTH IN THE BODY OF THIS ORDINANCE Ord.8190. AND AUTHORIZING MAINTENANCE OF THE SAME; REPEALING CONFLICTING ORDINANCES TO Ord 8190-B (9-8-83) amends THE EXTENT OF SUCH CONFLICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR Ord 8190. PUBLICATION. 81-40-352-518 Ordinance No. 8191 (15) An ordinance abandoning and closing an underground street light cable easement in Park -Lorraine Addition (Lot 166). JWF:pc ORDINANCE NO. 8191 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND STREET LIGHT CABLE A 0T-XnNTM T nO A MUT1 TNT "D A T3V T r)DD A TTTL' AT'%nTrPr)Tl ANIT) MOPT? P APTTrTTT.A"PT.V T)F.qr.P TRF.T) 353 23MM 81-40-353-519 (16) 77 Consider a resolution authorizing.the Mayor to execute a Quit Claim Deed to Thomas G. O'Jibwa for street light cable easement (Lot 166, Park -Lorraine Addition, Ord. 8191. above). Resolution No. 812 JWF:pc RESOLUTION NO. 812 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 Thomas G. O'Jibway dba O'Jibway Construction 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 28th day of Ma /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer by Mary C. Gonzales, Deputy 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 QUITCLAIM DEED 11981. 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 NO/100 ($1.00) DOLLARS and other good and valuable consideration to in ifi.hand paid by Thomas G. O'Jibway dba O'Jibway Construction hereinafter called "GRANTEE", thereceiptof 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: A streetlight cable easement (underground) located upon the South 2 feet of the north 12 feet of Lot 166, Park Lorraine Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same I premises together with all and singular the rights, privileg 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 28th day of May 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer by Mary C. Gonzales, Deputy 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 354 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 acknowl 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 2nd day of June /S/ Olivia R. Solis Notary Public, Lubbock County, Texas MY Commission Expires: 12/5/81 The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve Ordinance Nos. 8194, 8193, 8188, 8189, 8190, 8191 on second and final reading; and to pass Resolution No. 812 authorizing a Quit Claim Deed to Thomas G. O'Jibway. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-354-520 Consider an appropriation ordinance for the relocation of traffic controls Street(TrafficS_ (21) located on Avenue L between _28th Street and _38th Capital Improvements). ignal Ordinance No. 8196 The purpose of this ordinance is to appropriate $5,000 from the Street Improvem Bonds to cover the cost of relocating traffic signal controls for the construct of Avenue L between 28th Street and 38th Street. The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve Ordinance No. 8196 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. 8196 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: Traffic Signal Capital Improvements the sum of $ 5,000.00 For the following purposes: Relocation of traffic control devices for the reconstruction of Avenue L between 28th Street and 38th Street Prior Appropriation Ordinance Numbers Issued for this Project NONE Projected Costs Projected Funding Relocation of traffic controls 1979-Street Improvement Bonds between 28th and 38th Streets on Avenue L. $5,000.00 AND IT IS SO ORDERED Passed by the Council on first reading this28thday of — May 1981 - Passed by the Council on second reading this - day of 19—. 2 t n t N Mayor ATTEST: VERIFIED BY:-.ZSZJ. Robert Massengale City Secretary -Treasurer Director of Finance APPROVED BY:_JSZB. McDaniel 355 81-40-355-521 (22) 81-40-355-522 (23) 81-40-355-523 (25) Consider the price and conditions of sale of Parcel 2C-1-4 in Lubbock NDP Urban Renewal Area. Parcel 2C-1-4 Redeveloper Price Jimmy Davis $1,100 Redevelopment Single -Family Residence Consider the price and conditions of .sale of Parcel 2C-1-5 in Lubbock NDP Urban Renewal Area. Parcel Redeveloper Price Redevelopment 2C-1-5 Jimmy Davis $1,100 Single -Family Residence The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem. Henry to approve the price and conditions of sale of Parcel 2C-1-4 and 2C-1-5, as referenced above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Consider a resolution authorizing the May to execute a Lease Agreement with B & J Metal Works, Inc. for Buildings 716 and 718, Industrial Section, Lubbock International Airport. Resolution No. 813 During the 8:30 Work Session, Mr. Marvin Coffee, Director of Aviation, apprised the Council this was a routine lease for the industrial area of the Airport. B & J Metal Works is requesting to lease two shop buildings, Nos. 716 and 718. The terms of the proposed contract is for five years, with a five-year option extension. The building space being leased measures 32,000 square feet, plus 37,400 square feet of land. The rental income is in excess of $20,000 the first year and adjusted by the CPI each year thereafter. The Airport Board has reviewed the proposed lease and recommends approval from the City Council. ALA: c1 RESOLUTION NO. 813 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 Non -Aeronautical Lease Agreement between the City of Lubbock and B & J Metal Works, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitut, and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th ATTEST: day of May ,1981. /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer By Mary C. Gonzales, Deputy APPROVED AS TO CONTENT: /S/ Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /S/ Angela L. Adams Angela L. Adams, Asst. City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § /S/ Bill McAlister BILL McALISTER, MAYOR KNOW ALL MEN BY THESE PRESENTS: NON -AERONAUTICAL LEASE AGREEMENT THIS AGREEMENT, entered into at Lubbock, Texas, by and between the CITY OF LUBBOCK, hereinafter referred to as "LESSOR", and B & J METAL WORKS, INC., a Texas Corporation, hereinafter referred to as "LESSEE", Witnesseth: WHEREAS, LESSOR owns and operates a public airport designated as LUBBOCK INTERNATIONAL AIRPORT herein called "AIRPORT", and 7, a .,,,a 71 R nnri giirroundina unimprovec 356 mAy 2 8 1081 WHEREAS, Industrial Metalcraft and the City of Lubbock executed a lease agreement for Building No. 716 on October 18, 1974 and all rights, title and interests in said lease were subsequently assigned to B & J Metal Works; and WHEREAS, B & J Metal Works, the current LESSEE and City of Lubbock desire to terminate the original lease together with the option currently in effect and enter into a new agreement; and WHEREAS, LESSOR reserves the right to take any action it considers nec- essary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent LESSEE from erecting or permitting to be erected any building or other structure on the Airport which in the opinion of LESSOR would limit the usefulness of the Airport or constitute a hazard to aircraft; and WHEREAS, it is agreed by LESSEE that during the time of war or national emergency the LESSOR shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly owned air navigation facilities, and other area or facilities of the Airport. And if any such agreement is executed, the pro- visions of this instrument, insofar as they are inconsistent with the pro- visions of the agreement with the Government, shall be terminated, 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 rights, 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, WHEREAS, in the event the exercise of the rights reserved above by the CITY makes the operation of this lease impractical, the LESSEE upon thirty days notice to the LESSOR, shall have the right to cancel this lease; 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: Buildings number 716 and 718 located in the Industrial Section, Lubbock International Airport, a more specific location of which is shown on Exhibit "A" attached hereto and made a part hereof and certain adjacent unimproved property constituting a thirty foot perimeter on the north and south sides of the aforementioned buildings and a twenty foot on the east and west sides of the buildings. Such property is more specifically described in Exhibit "B" attached hereto and made a part hereof for all purposes. The original term of this agreement shall be for a period of 5 years, commencing upon April 1, 1981. LESSEE shall have the option to extend this agreement for one five (5) year period. Such option must be exercised in writing ninety (90) days prior to expiration date of the original term. if the LESSEE desires to exercise said option, the rental rate shall be in accordance with the calculations as set forth herein plus CPI Index Increases. ARTICLE II In consideration of the rights and privileges herein granted, LESSEE shall pay to the LESSOR a Building Rental for 32,000 square feet, i.e. 16,000 square feet per building, at the rate of $.6693 per square foot, totalling $892.40 per month per building. Additionally, LESSEE shall pay to the LESSOR a Land Rental for 37,400 square feet at the rate of $.0624 per square foot, totalling $194.48 per month. Rental rates set forth herein shall be paid to LESSOR by LESSEE monthly in advance by the tenth day of each month. The parties hereto mutually agree that the rental rates set forth above shall be adjusted upward or downward for each ensuing year beginning January 1, 1982 in direct proportion to the fluctuation of the U.S. Department of Labor, Bureau of Labor Statistics Cost of Living Index. For the purpose of computing all adjustments, the Bureau of Labor Cost of Living Index as of January 1, 1981 shall be construed as the base period. J5 / 71 ARTICLE III This lease is granted subject to the following provisions and conditions: 1. The lease herein granted is subject to any and all applicable laws, ordinances, rules and regulations pertaining to the Lubbock Airport. 2. The LESSEE shall not make, permit, or suffer any additions, improvement or alteratio� 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 improvement 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 frbm,,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 lease. 4. The LESSEE agrees that it will at all times during the term of this lease maintain in good and serviceable condition all land, improvements, facilities and equipment included herein, ordinary wear and tear excepted, such maintenance to be the sole responsibility and obligation of the LESSEE. 1 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 by the LESSOR by reason of the loss of, damage to, or destruction of such property. 6. The LESSEE agrees to indemnify, defend and forever save the LESSOR, their authorized agents, representatives and employees, harmless from and against any and all penalties, liability, annoyances, or loss resulting from claims or court action of any nature arising directly or indirectly out of any acts or omissions of the LESSEE, his agents, servants, guests, employees or business visitors under this agreement. 7. The LESSEE shall maintain at all times, as its sole expense, insurance with an insurance underwriter acceptable to the LESSOR and from one authorized to do business in the State of Texas, against claims of public liability and property damage resulting from LESSEE'S business activities at the Airport. The amount of insurance coverage shall be not less than FIFTY THOUSAND DOLLARS ($50,000) for property damage as a result of any one event, or less than ONE HUNDRED THOUSAND DOLLARS ($100,000) for personal injury or death of any one person in any one event; or less than THREE HUNDRED THOUSAND DOLLARS ($300,000) for personal injury or death of two or more persons in any one event. Certificates of insurance or other satisfac evidence shall be filed with the City Secreta*ry 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. The LESSEE shall assume responsibility for the payment of all taxes and assessments and public utility charges becoming due on the property from the date of execution of this agreement. The LESSEE agrees to pay all claims or damages for or on account of water, lights, heat, power, sewage disposal, and any other services or utilities furnished to or with respect to the property or any part thereof. The LESSOR does not guarantee to furnish utilities or utility services in the future. In the event utility service is not furnished for reasons other than repair or installation of lines or non-payment of charges, LESSEE shall have the option to cancel this lease upon thirty days notice to the LESSOR. 10, Within 30 days following the date of expiration or termination of this agreement, the LESSEE shall as required by the LESSOR, vacate said premises, remove all property of the LESSEE and restore the land, improvements, facilities and equipment included herein to as good condition on such date of expiration or termination as when received, ordinary wear and tear excepted. If the LESSEE shall fail or neglect to remove said property and so restore the land, improvements, facilities and equipment included herein, within 30 days of said expiration or 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, improvements, facilities and equipment included herein to be restored at the expense of the LESSEE and no claim for damages against the LESSOR or its officers, agents, or employees shall be created or made on account of such removal and restoration. 11. The LESSEE, its agents and employees will not discriminate against any person or class of persons by reason of sex, race, color, creed or national origin in providing any services or in the use of any of its facilities provided for the public, in any manner prohibited by the Federal Aviation Regulations. The LESSEE further agrees to comply with such enforcement procedures as the United States might demand that the LESSOR take in order to comply with the Sponsor's Assurances (CITY). r 358 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 employ 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 discrimination in employment, under any program or activity of the LESSEE. 12. The LESSEE warrants that it has not employed any person employed by the LESSOR to solicit or secure this Lease Agreement upon any agreement for a commission, percentage, brokerage, or contingent fee. 13. Except with prior written consent of the LESSOR the LESSEE shall not sublet any part of the premises or assign the license or any of its rights hereunder. 14. The failure of the LESSOR to insist in any one or more instance upon performance of any of the terms or conditions of this lease shall not be construed as a waiver or relinquishment of the future performance of any such term or conditions but the LESSEE'S obligation with respect to such future performance shall continue in full force and effect. 15. The obligation of the LESSEE to maintain the property to the satis- faction of the LESSOR or its representative and to restore the same to its present condition shall extend not only to the property hereinabove described but to the adjacent streets and roadways used for ingress and egress to said property, except for ordinary wear and tear occasioned by normal and customary uses. 16. 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, 17. 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. ARTICLE IV This agreement is subject to termination for the reasons set forth below, provided that 30 days written notice is given to the non -terminating party. The LESSEE may terminate upon the happening of any of the following: 1. The permanent abandonment of the Airport as an air terminal. 2. The issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Airport and the remaining in force of such injunction for at least thirty (30) days. 3. The breach by the LESSOR of any of the terms, covenants or condition, of this agreement to be kept, performed and observed by the LESSOR, and the failure of the LESSOR to remedy such breach for a period of sixty (60) days after written notice from the LESSEE of the existence of such breach. 4. The assumption by the United States Government, or any authorized agency of same, of the operation, control or use of the Airport and its fa- cilities in such a manner as to substantially restrict the LESSEE from operat- ing under the terms of this agreement, if such restriction is to continue or has continued for a period of three (3) months or more. The LESSOR may terminate upon the happening of any of the following: I. If the LESSEE shall file a voluntary petition of bankruptcy; or, if the proceedings in bankruptcy shall be instituted against it and it is thereaf adjudicated a bankrupt pursuant to such proceedings; or if a court shall take jurisdiction of LESSEE and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a receiver for LESSEE' assets is appointed; or if LESSEE shall be divested of its rights, powers and privileges under this agreement by other operation of law. r 2. If the LESSEE shall abandon and discontinue operations under this agreement. 3. If the LESSEE shall default in or fail to make any payments at the time and in the amounts as required of it under this Agreement. 4. If - the LESSEE shall fail to perform, keep and oh.qt-r-,7,,- Ail _-P -i_ 359 M�.� ARTICLE V Both parties hereby agree that this instrument constitutes the final agreement of the parties and that all other previous agreements, leases, and contracts between the parties which pertain to the property described herein are hereby declared null and void. EXECUTED THIS THE 28th day of May ._, 1981. CITY OF LUBBOCK, TEXAS BY: /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga,. Evelyn Gaffga, City Secretary -Treasurer By Mary C. Gonzales, Deputy APPROVED AS TO CONTENT: /S/ Jim Newsome for: Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Asst. City Attorney LESSEE: BY: /S/ Ben_ W. Smith, TITLE: President .. ATTEST: Secretary *NOTE: Exhibit A, Plat, is attached and filed with original contract and Resolution No. 813. 81-40-359-524 Consider a resolution authorizing the Mayor to execute a Lease Agreement with American (26) Airlines for Space in the terminal building at Lubbock International Airport. Resolution No. 814 During the 8:30 Work Session, Mr. Marvin Coffee, Director of Aviation, apprised the Council that the purpose of this lease is to lease space for office and storage in the terminal building to American Airlines. The term of the lease will be for one year with a one-year option extension and using 978 square feet. The reason for the short-term lease is that American Airlines has not determined their long-range needs and market expectations for Lubbock's operation. The annual rental income will be approximately $11,500, adjusted annually by the CPI and the landing fees will be in excess of $30,000 per year. The Airport Board has reviewed the proposed lease agreement and recommends approval from the City Council. AA:bs RESOLUTION NO. 814 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 with American Airlines, 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 Resolut as if fully copied herein in detail. Passed by the City Council this 23tbday o _, 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer by Mary C. Gonzales, Deputy APPROVED AS TO CONTENT: MWE STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS SPACE LEASE TERMINAL AGREEMENT THIS LEASE AGREEMENT, made between the City of Lubbock, acting by and through its duly authorized City representative (hereinafter referred to as "Lessor") and American Airlines under the laws of the State of Texas (here- inafter referred to as the "Lessee"). WTTWFqqVTW WHEREAS, Lessor owns and operates Lubbock International Airport, located in Lubbock County, State of Texas, (hereinafter referred to as "Airport"); and WHEREAS, Lessee desires to lease approximately 978 square feet of space in the Lubbock International Airport terminal building; and WHEREAS, Lessee is primarily engaged in air transportation as certified by the civil aeronautics board; and WHEREAS, Lessee has indicated a willingness and ability to properly keep, maintain and improve said space in accordance with standards established by Lessor, 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; NOW THEREFORE, for and in consideration of the mutual convenants hereof, Lessor hereby leases to Lessee and Lessee hereby hires and takes from City certain exclusive premises (hereinafter called "Leased Premises"), and certain non-exclusive use facilities, rights and privileges in connection with and on the airport, as hereinafter described, upon the terms and conditions as follows: ARTICLE I Section 1.01 - Description of Exclusive Leased Premises The exclusive Leased Premises shall be comprised of 978 square feet, more or less, in the terminal building. The location of the Exclusive Leased Premises is designated on Exhibits A, B, & C attached hereto and by this reference made a part hereof. Section 1.02 - Description of Privileges, Uses and Rights Lessee shall have the right to place signs identifying Lessee's business on the terminal building. Said signs shall be of a type, size and design that will be subject to the written approval of Lessor prior to installation. Such installation will comply with all applicable City Codes and shall be without cost to the Lessor. Lessee shall conform and abide by and be responsible for present and future security measures in effect in Lessee's space including but not limited to the securing and locking of doors and other key control areas and equipment. ARTICLE II Section 2.01 - Installed Improvements and Propert-'r All improvements, equipment and other property bought, installed, erected and placed by Lessee in, on or about the Leased Premises shall be deemed to be personalty and remain the property of Lessee, except as may constitute fixtures attached to the building or premises, which if removed would damage or impair the use of such building or premises. Section 2.02 - Authorized Improvements Lessee may construct improvements on the leased premises only after the plans and specifications for such improvements have been presented to and approved in writing by the Department of Aviation of the City of Lubbock. All costs of construction for approved improvements shall be at the expense of the Lessee and shall be performed in accordance with the City of Lubbock's Building Code. Such improvements shall be considered fixtures attached to the premises and will remain the property of Lessor. 361 MAY Z 6 1981 designated representative shall have the right to inspect the leased premises at all reasonable times during the term of this lease. ARTICLE III Obligation of City Section 3.01 -,Right to Lease Property Lessor represents that it has the full right to lease that portion of the airport property referred to herein, together with all the premises, facilities, rights and privileges herein granted, and has full power and authority to enter into this lease in respect thereof. Section 3.02 - Maintenance and Services in Lessee's Exclusive Space Lessor shall be responsible for and shall perform exterior building maintenance, structural maintenance, and installed equipment such as heating and air conditioning units and pay for all inspections as may be required by other agencies for Lessor owned buildings throughout the Leased Premises. APTTrT.R TV Obligations of Lessee Section 4.01 - Maintenance of Leased Premises Except for exterior building, structural maintenance, and installed equipment by Lessor, as provided in Section 3.02, Lessee shall be obligated, without cost to Lessor, to maintain its exclusive Leased Premises and every part thereof including, but not limited to, installed equipment owned by Lessee. Lessee shall, at its own expense, provide janitorial services in the leased area. Lessee shall relamp light fixtures as necessary. Section 4.02 - Building Improvements Lessee agrees to make improvements to the building in accordance with the plans and directions given by the Director of Aviation and specifically set forth within the provisions of this lease agreement. Section 4.03 - Alterations, Additions or Replacements During the term of this Lease, Lessee shall make no alterations, additions or replacement in the Leased Premises without the prior written approval of the Lessor. Lessee shall likewise obtain prior approval from Lessor before installing, at its own expense, any additional equipment which requires new electrical or plumbing connections or changes in those already installed on the Leased Premises. Section 4.04 - Removal and Demolition Lessee shall not remove or demolish in whole or in part, any improvements that already exist on the Leased Premises without prior written consent of Lessor which may, at its discretion, condition such consent upon the obligation of Lessee to replace the same improve specified in such consent upon termination of this lease. Lessor shall not withhold consent unreasonably and shall not impose unreasonable condition on its consent. Section 4.05 - Trash and Garbage Lessee shall provide at its own expense a complete and proper arrangement for the and adequate sanitary handling and disposal, away from the airport, of all trash, garbage, other refuse caused as a result of its occupancy of Leased Premises. Section 4.06 - Taxes and Licenses Lessee shall pay all taxes of whatever character that may be lawfully levied or charged upon Lessee's Leasehold improvements and upon Lessee's rights to use the Leased Premises. Lessee shall obtain and pay for all licenses or permits necessary or required by law for the construction of any additional improvements, the installation of equipment and furnishings and any other licenses necessary for the conduct of its business Lessor shall assist Lessee where necessary in obtaining said permits. Section 4.07 - Rules and Regulations In conducting its business, hereunder, Lessee shall comply with all applicable laws of the United States of America and the State of Texas; the rules and regulations promulgated by their authority with reference to aviation and air navigation, and all reasonable and applicable rules, regulations, and ordinances of the City of Lubbock now in force or hereaftei prescribed or promulgated by authority or by law. Provided that such rules and regulations of Lessor shall not be inconsistent with the terms of this agreement. t: 362 MAC 2 S yss1 Section 4.08 - Non -Discrimination The Lessee, its agents and employees will not discriminate against any person or class of persons by reason of age, sex, race, color, creed or national origin in providing any services or in the use of any of its faciliti provided for the public, in any manner prohibited the Federal Aviation Regulat 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. Lessee agrees to not discriminate against any employees or applicant for employment because of age, sex, race, color, creed or national origin. The Lessee agrees to take affirmative action to insure that applicants are employ and that employees are tested during employment without regard to their age, sex, race, color, creed 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 traini: including apprenticeship. Lessee will conduct its activities and operate its facilities in accord 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 other handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrimination in employment, under any program or activity of Lessee. ARTICLE V Term Section 5.01 - Term The term of this Lease shall be for a period of one (1) year commencing on the lst day of May, 1981, and ending on the 30th day of April, 1982. The Lessor hereby grants to the Lessee the option to extend this lease beyond the expiration date herein shown for a period of one (1) successive year. Lessee shall exercise such option period by giving the City at least thirty (30) days written notice of Lessee's intention to exercise the option. ARTTOT P 17T Section 6.01 - Rental for Exclusive Leased Premises in Terminal Buil Rental for the Leased Premises in the terminal building as described in Section 1.01 shall be as follows: I. Office space of 578 sq.ft., as shown on Exhibit A, at the rate of $12.90 per square foot per year, totalling $621.35 per month. 2. Storage space of 100 sq.ft., as shown on Exhibit B, at the rate of $10.32 per square foot per year, totalling $86.00 per month. 3. Storage space of 300 sq.ft, as shown on Exhibit C, at the rate of $10.32 per square foot per year, totalling $258.00 per month. month Rent as set forth above is payable in advance by the tenth of each Rental rate will be adjusted upward or downward for each ensuing year beginning January 1, 1982 in direct proportion to the fluctuation in the U. S. Department of Labor, Bureau of Labor Statistics Cost of Living Index. For the purpose of computing all adjustments, the Bureau of Labor Cost of Living Index as of January 1, 1981 shall be construed as the base period. ARTTrT *P XTTT General Conditions Section 7.01 - Default for Failure to Pay Rentals, Fees and Charges If Lessee fails to pay rentals, charges and fees due hereunder within thirty (30) days of the date such payment is due, Lessor may, at its option, upon fifteen (15) days written notice to Lessee (unless in such fifteen -day period Lessee shall have corrected such failure to pay) immediately or at any time thereafter, enter into and upon the Leased Premises, or any other part thereof in the name of the whole, and repossess said premises. 0 363 MAY Z 8 1.981 Section 7.02 - RiRht to Recover Damages Lessee agrees that the leased premises and adjoining premises which are partially or completely destroyed or damaged as a result of an act or omission by Lessee. Lessor may, in its discretion, require Lessee to repair and reconstruct the Leased Premises and adjoining premises and pay the costs therefore. During any such period where Lessee repairs said Premises under the terms of this paragraph, the usual rental shall be payable. Section 7.03 Assignment and Subletting Lessee shall not sell, assign, or transfer:*this lease or any part thereof and shall not sublease all or any portion of the Leased Premises without the prior written consent of the Lessor. Section 7.04 - Hold Harmless Lessee agrees to indemnify, defend and forever save the Lubbock International Airport Board and 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 Lessee, his agents, representatives, servants, employees, or business visitors under this agreement. Section 7.05 - Insurance Lessee shall procure and keep in effect at all times during the term of the Lease, the forms of insurance set forth in this section and all policies and certificates shall contain a provision that written notice of cancellation or of any material change in said policy by the Insurer shall be delivered to the Lessor thirty (30) days in advance of the effective date thereof. All policies shall contain an agreement on the part of the respective insurers, waiving the right of such insurers to subrogation. Lessee shall maintain all insurance hereunder with insurance underwriters authorized to do business in the State of Texas satisfactory to Lessor. All policies shall name the City of Lubbock, its officers, servants, agents, and employees as additional insureds. Lessee shall furnish the Lessor with certificates from the insurance carrier showing all insurance required hereunder to be in full force and effect during the entire term of this Lease or shall deposit with Lessor certified copies of said policies. (A)- Workman's Compensation Lessee shall provide workman's compensation insurance to meet statutory requirements if qualified. The workman's compensation policy shall provide employee's liability insurance in the amount of One Hundred Thousand (100,000) Dollars. (B). Public Liability and Property Damage Lessee shall, at its sole expense, maintain insurance against claim of public liability and property damage resulting from Lessee's business activities at the Airport. The amount of insurance coverage shall be not less then Fifty Thousand (50,000) Dollars for property damage as a result of any one event; or less than One Hundred Thousand (100,000) Dollars for personal injury or death of any one person in any one event; or less than Three Hundred Thousand (300,000) Dollars for personal injury or death of two or more persons in any one event. (C). Fire Insurance Lessee shall insure for fire and extended coverage risks all Lessees' improvements on Leased Premises. Such insurance shall be in an amount equal to the full insurable replacel, value of such improvements. All fire insurance policies shall contain loss payable endorsements in favor of the parties as their respective interests may appear hereunder. Lessor agrees that any payments received from such insuring companies by reason of loss under such policy or policies shall be applied toward repair or reconstruction of said Leasehold improvements. Section 7.06 - Rules and Regulations Lessor shall have the right to and shall adopt from time to time and enforce reasonable ons, which Lessee agrees to observe and obey, with respect to the use of rules and regulations, and oppurtenances; provided that such rules and regulat" the Airport, public terminal buildings ations and orders of the Federal shall not be inconsistent with safety and with rules, regul Aviation Administration. Section 7.07 - Termination This lease shall terminate at the end of a full term hereof, and Lessee shall have no further right or interest in the Leased Premises. That on or before the date of expiration of this Lease or its relinquishment, the Lessee shall as required by City, vacate said premises, remove all property of the Lessee and restore the Leased Premises facilities and equipment included herein to as good condition on such date or expiration or relinquishment as when received, ordinary wear and tear excepted. If, however, this Lease is revoked the Lessee shall vacate the Premises, remove said property and restore the Leased Premises, improvements, facilities and equipment included herein as aforesaid within such times as Lessor may reasonably designate. In either event, if the Lessee shall fail or neglect to remove said property and so restore Leased Premises, improvements, facilities and equipment included herein, then at the option of Lessor said property shall either become the property -1: T----- —4141nlli- (,r)mnPn-sation therefore or Lessor may cause the property to be removed and 364 the Leased Premises, improvements, facilities and equipment included herein to be stored at the expense of the Lessee and no claim for damages against Lessor or its officers, agents, or employees shall be created or made on account of such removal and restoration. Section 7.09 - Notices Notices to Lessor provided for herein shall be sufficient if sent by certified mail, postage prepaid, addressed to: Director of Aviation, Route 3 .B.ox 389, Lubbock, Texas 79401 and notices to Lessee, if sent by registered mail, postage prepaid, addressed to: American Airlines, P.O. Box 61616, Dallas -Ft. Worth, Texas 75261..Attn. Director of Properties or to such other addresses as the parties may designate to each other in writing from time to time. IN WITNESS WHEREOF, the Parties have hereunto set their hands this 28th day of.. May 19 81 ATTEST: CITY OF LUBBOCK, TEXAS ISI Evelyn Gaffga ISI Bill McAlister Evelyn Gaffga, City Secretary -Treasurer Bill McAlister, Mayor by Mary C. Gonzales, Deputy APPROVED AS TO CONTENT: ISI Jim Newsome for Marvin W. -Coffee, Director of Aviation APPROVED AS TO FORM: ISI Angela Adams Angela Adams, Assistant City Attorney ATTEST: S/ Ann McNamara Lessee American Airlines BY: /S/ Richard B. Jamison *NOTE: Exhibits A, B & C are attached and filed with Lease and original Resolution No. 814. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 813 authorizing a lease agreement with B & J Metal Works, Inc., and pass Resolution No. 814 authorizing a lease agreement with American Airlines. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-364-525 Consider the request of the Avalanche -Journal to install a 3,000 gallon LP (28) gas tank a_t7_thStreet and Avenue J. City Manager Larry Cunningham apprised the Council this request was from the Avalanche -journal for a LP gas tank, to be installed at 7th Street and Avenue J. Fire Marshal Robert Stokes has inspected the proposed site and recommends approval. Mr. Cunningham stated that the approval of this request would be subject to the approval and concurrence of the Railroad Commission. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve the above referenced request. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 365 zm�f r_7 81-40-365-526 Bid No. 6326 for two trim mowers (Parks & Rec. Dept.). (29) Low Bidder Colonial Motors Company, Lubbock, TX ($8,500.00) 81-40-365-527 Bid No. 6351 for fire hvd.r.an.ts, valves and fittings (warehouse stock). 30) Items 1,2,3,8 Southwest Meter & Supply Company, Marshall, TX Items 4,5 M. B. McKee Company, Lubbock, TX Item 6 DELETED Items 7,9.11 The Rohan Company, Waco, TX Items 10,12,13,14 Trans -Tex Supply Company, Odessa, TX Item 15 Western Industrial Supply Company, Amarillo, TX 81-40-365-528 Bid No. 6347 for electric items (warehouse stock). (31) Items 1,3,14,17,26,28 General Electric supply Company, Lubbock, TX Items 2,4,5,19,21,23,27,30 Temple, Inc., Lubbock, TX Items 6,12,13,15,20,22,24 Fields and Company, Lubbock, TX Items 8,9,18 Nelson Electric Supply Company, Lubbock, TX Items 7,16 Westinghouse Electric supply Company, Lubbock, TX Items 10,11 Graybar Electric Company, Amarillo, TX Item 29 Nunn Electric Supply Corporation, Lubbock, TX Item 25 NO BID 81-40-365-529 Bid No. 6365 for electric items (warehouse stock). (32) Item 1 Temple, Inc., Lubbock, TX Items 2,3,4 General Electric Supply Company, Lubbock, TX Item 5 Fields and Company, Lubbock, TX 81-40-365-530 Bid No. 6367 for street lighting items (warehouse stock). (33) Items 1,2,4 Fields & Company, 77 Lubbock, TX J Items 3,6,8,10 Temple, Inc., Lubbock, TX Item 5 General Electric supply Company, Lubbock, TX Item 9 C.E. American Pole Structures, Houston, TX 81-40-365-531 Bid No. 6363 for effluent Dump at water reclamation Plant. (34) Low Bidder 4-M Company, Inc., Lubbock, TX ($3,391.00) 366 81-40-366-532 (35) 81-40-366-533 (36) 81-40-366-534 (37) 81-40-366-535 (38) 81-40-366-536 (39) Bid No. 6354 for six traffic Signal controllers and related items (Traffic Engineering), �­ Low Bidder Consolidated Traffic Controls, Arlington, TX ($33,718.00) Bid No. 6362 for one sludge pump (Water Reclamation). This item was held. Bid No. 6368 for ammunition (Police Dept.). Low Bidder Star Reloading Company, Indianapolis, Ind. ($2,495.00) Bid No. 6355 for the installation of traffic conduit, Loop 289 and Slide Road (Traffic - — - Engineering), and authorize same. — Resolution No. 815 AA:pc Low Bidder Holloway Brothers Construction Co., Lubbock, TX ($8,597.00) RESOLUTION NO. 815 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 with Holloway Construction Company for the installation of traffic conduit, on Loop 289 and Slide Road, attached herewith which shall be spread upon the minutes o the Council and as spread upon the minutes of this Council shall constitute an be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of Ma ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary --Treasurer by Mary C. Gonzales, Deputy APPROVED AS TO CONTENT: ISI Bill McDaniel Bill McDaniel, Traffic Engineering Director APPROVED AS TO FORM: ISI Angela Adams Angela Adams, Assistant City -Attorney *NOTE: Contract is filed with original Resolution No. 815. I Bid No. 6353 for 18" well collector line (Sandhills Well Field) (Water Utiliti and authorize same. Resolution No. 816 Low Bidder Panhandle Construction Company, Lubbock, TX ($260,445.00) JWF:pc RF.qnT.TTTTON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: U 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 Panhandle Construction 367 Company for construction of a 18 inch well collector line in the Sandhills Wellfield Project, 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 28th day of Ma /S/ Bill McAlister BILL mcALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer by Mary C. Gonzales, Deputy APPROVED AS TO CONTENT: /S/ Guy Wilson Guy Wilson, Utilities Engineer APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney *NOTE: Contract is filed with original Resolution No. 816. , 1981. 81-40-367-537 Bid No. 6356 for replacement of air conditioningsystems(Elec. Distrib. offices), and (40) _authorize same. Resolution No. 817 Low Bidder A Action Air Conditioning, Lubbock, TX ($10,500.00) JCR:cl RESOLUTION NO. 817 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 between A -Action Air Conditioning Company and the City of Lubbock, for a new air conditioning system, 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 28th day of Ma /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISLEvelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer by Mary C. Gonzales, Deputy APPROVED AS TO FORM: /S/ John C. Ross, Jr.. John C. Ross, Jr., City Attorney *NOTE: Contract is filed with original Resolution No. 817. 11981. 368 81-40-368-538 Bid No. 6346 for installation of signal conduit and foundations on Univ ersity, 4th _— (41) Street to —15t—authorize same. Resolution and au Resolution No. 818 Low Bidder Ranger Construction, Lubbock, TX ($40,131.70) AA: pc RESOLUTION NO. 818 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 with Ranger Construction of Lubbock, Texas, Inc., for installation of signal conduit and foundations, 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 28th day of May /S/ Bill McAlister ATTEST: BILL McALISTE"R, _MAYOR ISI Evelyn GaffRa Evelyn Gaffga, City Secretary -Treasurer by Mary C. Gonzales, Deputy APPROVED AS TO CONTENT: ISI Bill McDaniel Bill McDaniel, Traffic Engineering Director APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Assistant City Attorney *NOTE: Contract is filed with original Resolution No. 818. 81-40-368-539 Bid No-,.- 6338 for one 1250 GPM fire truck (Fire Dept.). (42) Low Bidder Mack Trucks, Inc., Allentown, Pennsylvania ($160,130.00 81-40-368-540 Bid No. 6339 for miscellaneous (43) items to equip fire truck (Fire Dept.). Items 1,6 Thunderbird Sales Corporation, Albuquerque, NM Items 2,5,14,21 W. H. Lumpkin, Dallas, TX Items 3,4,7,13 Halprin Fire Equipment Co., Los Angeles, CA Items 8,16,18 Elkart Mfg. Company, Elkhart, Indiana Item 9 Hi Plains Fire Apparatus Co., Amarillo, TX Items 10,11,12,19,20,22,24 Casco Industries, Shreveport, LA Items 15, 17 Fire Appliance Co. of Texas, Wichita Falls, TX Item 23 Daco Fire Equipment, Lubbock, TX 369 MAY 28 198 81-40-369-541 consider an appropriation ordinance for one 1250 GPM fire truck and miscellaneous equipme nt ._ — — — — — — — (44) (.Capital -Reserve Fund) (Bids #6338 and #6339, above) Ordinance No. 8197 ORDINANCE NO. 819/ WORK ORDER 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: Fire Station Capital Projects Fund the sum of $172—,281-59 For the following purposes: Purchase of equipment for triple -combination pump with 50 and one 1250 gpm Mack Pumper equipped ' Snorkel "tele-Sgrt"(Fire Dept. Unit 20).— — Prior Appropriation Ordinance Numbers Issued for this Project. PROJECTED COSTS 1.) Pumper. Equipment $ 12,151.59 2.) Pumper/Tele-Squrt $160,130.00 TOTAL $172,281.59 N/A PROJECTED FUNDING Fire Station Capital Projects Fund $172,281.59 AND IT IS SO ORDERED Passed by the Council on first reading this 28th day of Passed by the Council on second reading thisdayof ATTEST: City Secretary -Treasurer May 1981. 19 - Mayor VERIFIED BY: /S/ J. Robert Massengale Director of Finance APPROVED BY: /S/ Wayne Mahaffey Department Head Director of Purchasing Floyd Nesbitt indicated that all bids meet specifications and the low bidders are correct as stated above. The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve Bid Nos. 6326, 6351, 6347, 6365, 6367, 6363, 6354 and 6368; to approve Bid No. 6355 and pass Resolutio No. 815 authorizing contract with low bidder; to approve Bid No. 6353 and pass Resolution No. 816 authorizing contract with low bidder; to approve Bid No. 6356 and pass Resolution No. 817 authorizing contract with low bidder; to approve Bid No. 6346 and pass Resolution No. 818 authorizing contract with low bidder; and approve Bid Nos. 6338 and 6339 and to passOrdinanceNo. 8197 on first reading. Notion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The Regular Session was recessed at 10:00 a.m., reconvening at 10:30 a.m. 370 mg 2b 133, 81-40-370-542 Consider a resolution authorizing the Mayor to execute a bank depository (27) contract 7. Resolution No. 819 During the 8:30 a.m. Work Session, Robert Massengale, Director of Finance, apprised the Council that there were four major changes in the proposed contract as opposed to our present contract, to -wit: 1. There will be no service charge for individual items processed in the new contract. In the old contract each item, whether a check being processed or a check being written, was assessed a charge of 25� per item; 2. There will be no upper limit set on the investment rate. In the current contract there is a ceiling of 10% on all CD's. In the new contract there will be at least the Treasury Bill rate. There will be a schedule in periods of lower interest rates where the Treasury Bill rate, plus percentage, will be obtained; 3. The contract will still be for a term of two years, however, each year the contract will be renegotiated so that if it is not renewed, it will give the bank and City a year's notice before termination; 4. A larger demand deposit balance will be required based on a formula. Mr. Massengale felt that this contract would be better and should yield considerable better interest rates. During the regular session, Mayor McAlister requested advanced information on these matters for Council consideration and that additional plans for apprisi the Council in advance should be formulated. The motion was made by Councilman Aderton ' seconded by Councilman Brown to pass Resolution No. 819 accepting a bank depository contract with Texas Commerce Bank National Association. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay; Councilwoman Baker abstaining. JCR:cl RESOLUTION NO. 819 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 Designation of Depository and Contract for the custody of the funds of the City of Lubbock, Texas, between Texas Commerce Bank National Association and the City of Lub- bock, Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of Ma ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer by Mary C. Gonzales, Deputy APPROVED AS TO FORM: ISI John C. Ross, Jr. John C. Ross, Jr., City Attorney /S/ Bill McAlister BILL McALISTER, MAYOR 371 MOM DESIGNATION OF DEPOSITORY AND CONTRACT FOR THE CUSTODY OF THE FUNDS OF THE CITY OF LUBBOCK, TEXAS THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS CONTRACT made and entered into on this the 28th day of May, 1981, by and between TEXAS COMMERCE BANK NATIONAL ASSOCIATION, LUBBOCK, TEXAS, a National Banking Corporation, acting by and through its duly authorized officers (hereinafter referred to as Bank), and THE CITY OF LUBBOCK, a Home Rule Municipal Corporation, chartered under the laws of the State of Texas, with its domicile in Lubbock County, Texas, acting herein by and through its duly authorized officers, (hereinafter referred to as City): WITNESSETH: The governing body of the City of Lubbock does hereby designate the Bank as Depository of the City funds and the City of Lubbock has deposited, and will deposit from time to time funds of such City with Bank and Bank does hereby agree to accept such deposit or deposits; and such deposits shall be made on the following terms and conditions: up The term of this Contract shall be two (2) years commencing on the 31st day of May .1981, and ending on the 31st day of May 1983. However, both parties to this agreement shall meet on or before April 1, 1982, and if this agreement is extended as hereinafter provided the parties shall meet on or before April lst, of each succeeding year for the purposes of renegotiating the terms set forth in Exhibit A attached hereto and made a part hereof for all purposes. If both parties agree to the terms in Exhibit A as renegotiated, then in such event there shall be added automatically a one 0) year extension to the full remaining term of this contract. If both parties agree to renegotiate the terms in Exhibit A as hereinabove provided and the parties come to an agreement on such terms, such agreement shall be reduced to writing marked Exhibit A and such renegotiated Exhibit A shall be dated, executed by both parties, and attached to this contract and shall then supersede the original or former Exhibit A. However, it is agreed between the parties that any such renegotiation of Exhibit A shall be for the years subsequent to May 31, 1983 it being the intention of the parties hereto that the original Exhibit A attached hereto shall be effective from the 31st day of May, 1981 until the 31st day of May, 1983. If both parties hereto at anytime fail to agree on the terms to be, contained in Exhibit A, as renegotiated then in such event the remaining year on the original contract or the remaining year on the contract as extended shall be discharged by both parties hereto and thereafter the obligations of both parties under this agreement shall cease and this agreement shall terminate. II. All funds deposited with the Texas Commerce Bank National Association, Lubbock, Texas by the City of Lubbock will be secured by pledge of United States Bonds, Certificates of Indebtedness of the United States, Treasury Notes of the United States, and other evidence of indebtedness of the United States which are guaranteed as to both principal and interest by the United States es Government, bonds of the State of Texas, or any county, city, town, independent school district, common school district or other school districts, in the State of Texas, or bonds issued under the Federal Farm Loan Act, or road districts, bonds, pledges or other evidences of indebtedness issued by the Board of Regents of the University of Texas, notes or bonds secured by mortgages insured and debentures issued by the Federal Housing Administrator of the United States Government; in shares or share accounts of any building and loan association organized under the laws of this state, provided the payment of such shares or share accounts is insured by the Federal Savings and Loan Insurance Corpora- tion, and in the shares or share accounts of any Federal Savings and Loan Association domicil( in this state, provided the payment of such shares or share accounts is insured by the Federal Savings and Loan Insurance Corporation; bank acceptances of banks having a capital stock of not less than Five Hundred Thousand ($500,000.00) Dollars, and bonds issued by municipal corporations in Texas. All securities pledged shall be direct obligations having a par value or market value when less than par, exclusive of accrued interest, at all times at least equal to the total amount of money on deposit in said several funds on deposit in the depository. Such securities so pledged shall be approved as to kind and value by the governing body of the City of Lubbock. III. The Bank hereby agrees to pay to the City interest on time deposits with the Bank held in the form of certificates of deposit with minimum and maximum maturity from the date of issuance to date of maturity of 30 days and 182 days, respectively, at the rate set forth in Exhibit A. Interest payable to the City pursuant hereto shall be simple interest calculated on the basis of a 365 day year and shall be paid upon the maturity of such certificates of deposit. 372 M 2S 1981 IV. Bank will honor all overdrafts of the City to an amount not exceeding three million dollars and Bank may elect to honor overdrafts exceeding three million dollars. Bank will charge City a rate of interest, as set forth in Exhibit A attached hereto and made a part hereof, for handling any and all overdrafts. Overdrafts will be considered temporary, unless they exceed ten (10) calendar days, at which time the overdrafts will be cleared. M Loans, when requested by City, will be made to City to an amount not to exceed three million dollars. On any loan in excess of three million dollars Bank shall have full discretion on whether or not to grant such loan and will notify City as soon as possible of its decision in this regard. Loans are to be direct indebtedness of the City of Lubbock, to be made within each fiscal year of the City. This is not intended for long term indebtedness. Bank will charge City interest on all loans as set forth in Exhibit A attached hereto and made a part hereof. M" For and in consideration of the agreements contained in Exhibit A, Bank will furnish to City all necessary and customary banking services including, by way of illustration but not limitation of the following: 1. Bank will handle all foreign and domestic exchange for the City. 2. Bank will furnish to City wire transfer service to any point in the United States. 3. Bank parking lot facilities which are immediately adjacent to Bank building will be available for the use by the City in its transaction of banking business. 4. Bank agrees to furnish sufficient safe deposit boxes in the Bank vault to provide for the needs and demands of the City. S. Bank agrees to furnish coin wrappers, night depository services including bags and keys, Travelers' and Cashiers' checks and also furnish, on request, a daily balance on each account maintained by City in Bank. 6. Bank will furnish City a detailed monthly statement of outstanding Certificates of Deposit as of the last business day. 7. Bank will furnish City a detailed monthly statement of other outstani ing investments handled by B ' ank as of the last business day. 8. Bank will furnish City a detailed monthly statement of securities pledged against City deposits as of the last business day with an aggrega total of the pledged amount. 9. Bank will deliver to City monthly bank statements on all demand accounts maintained by City with Bank. i VII. The City will have the right to place any amount of its funds in any demand account or accounts maintained by City with Bank and Bank agrees to accept any amount of City funds placed in said demand deposits. VIII. Bank and City agree that Bank shall have the right of first refusal on all time deposits of City and if Bank refuses to accept any such time deposit tendered to it by City, then in such event City will be free to invest such funds in any lawful manner except City will not place such funds with another depository bank. In the event City is required to deposit its time deposits elsewhere than in Bank then in such event Bank will assist City in making such investments in an effort to obtain the best possible return on such investment for City. It is agreed by the parties hereto all time deposits or certificates of deposit which have not elapsed on the termination date of this depository contract, shall remain on deposit with the same depository under the same terms and conditions in effect during said contract until the date such time deposits have elapsed. no Notwithstanding anything to the contrary contained in this agreement the City will be at all times free to forward funds to any bank which is serving as a paying agent for the City on bonds issued by the City. MR This agreement is made subject to the statutes of the Congress of the United States and the State of Texas and subject to the rules and regulations promulgated by the Office of the Comptroller of the Currency of the United States, the Board of Governors of the Federal Reserve System, and the Board of Directors of the Federal Deposit Insurance Corporation, as are now in 373 ME= existence and such other statutes, rules and regulations of these entities as may hereafter become effective during the term of this agreement; and if this agreement should be or become in conflict with such statutes, rules and regulations then such statutes, rules and regulations shall control to the extent they are in conflict with this agreement. EXECUTED THIS THE 28th day of May , 1981. TEXAS COMMERCE BANK NATIONAL ASSOC. LUBBOCK, TEXAS /S/ Tommie Stevens TOMMIE STEVENS, PRESIDENT and CHIEF OPERATIONS OFFICER ATTEST: /S/ Joyce Finley GASSIER Operations Officer THE STATE OF TEXAS COUNTY OF LUBBOCK THE CITY OF LUBBOCK /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga City Secretary -Treasurer by Mary C. Gonzales, Deputy APPROVED AS TO FORM: /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2nd day of June /S/ Olivia R. Solis Notary Public (Seal) Lubbock County, Texas My Commission Expires THE STATE OF TEXAS COUNTY OF LUBBOCK , 1981. 12/5/81 BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared TOMMIE STEVENS, 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 Texas Commerce Bank National Association, Lubbock, Texas and as President, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 day of June , 1981. (,Seal) /S/ Yvonne Adkins Notary Public Lubbock County, Texas My Commission Expires 1 *3 11P I 1 1.3 1. Rate of Interest on Certificates of Deposit 5-15-84 (a) The Bank will pay the City interest on certificates of deposit at a rate equal to the yield rates for United States Treasury Bills of like maturities, or nearest maturity, as published in the Wall Street Journal on the date of the purchase of the certificates of deposit. (b) If the United States Treasury Bill Yield rate as set out in paragraph (a) above is less than 9%, the lower of 9% or such United States Treasury Bill Yield rate plus .25(14%) will be paid by Bank. 374 (c) In no event shall the Bank pay to the City for its Certificates of Deposit less than the rate that the Bank is paying on its regular passbook savings accounts at the time the City purchases said Certificates of Deposit. 2. Minimum Monthly Balances for Demand_R� Deposits For services rendered by it to the City pursuant to the Contract, the City agrees to maintain minimum monthly average daily balances in demand deposits with the Bank during the term of this Contract in an amount equal to the following: minus overage dollar amount $150,000.00 or times 12 plus deficiency dollar amount Average 30-day Treasury Bill Yield divided by Investable percentage of collected demand deposits equals minimum monthly average balance The terms used in the foregoing formula shall have the following meaning: (A) "30-day Treasury Bill Yield"- The average yield for 30-day United States Treasury Bills during the month preceding the month for which such calculation is made as published in the Wall Street Journal. (b) "Investable Percentage of Collected Demand Deposits" - 100% less the percentage of cash reserves required of Bank under law for demand deposit accounts. (c) "Overage Dollar Amount" - Actual average monthly collected balance from previous month minus minimum monthly average daily balance required from previous month times 30-day Treasury Bill Yield divided by twelve. (d) "Deficiency Dollar Amount" - Minimum monthly average daily balance required from previous month minus actual average monthly collected balance from previous month times 30- day Treasury Bill Yield divided by twelve. (e) "Minimum Monthly Average Daily Balance" - The minimum monthly average collected daily balance agreed upon by the City and Bank, at the end of each month to be effective the next calendar month. Should the City fail to maintain the minimum monthly average daily balances of demand deposits determined herein above, the Bank may elect for the City to compensate the Bank for such deficiency by paying to the Bank interest on the deficiency at the same rate as that for a short term loan as defined in Section 4 of this Exhibit. 3. Rate of Interest on Overdrafts The City agrees to pay the Bank interest at a rate equal to 75% of Texas Commerce Bank, N.A., Lubbock, Texas prime rate, not to exceed the maximum permitted by law on all overdrafts on demand deposit accounts. 4. Rate of Interest on Short -Term Loans The City agrees to pay the Bank interest at a rate equal to 75% of Texas Commerce Bank, N.A., Lubbock, Texas prime rate, not to exceed the maximum rate permitted by law on all short-term loans of the Bank to the City. 5. This Exhibit A is the Original Exhibit A agreed to by the parties and takes effect on the date of execution of the Contract to which it is attached. 374A MAY 28 1981 81-40-375-543 (17) 81-40-375-544 (19) 81-40-376-545 (20) 81-40-376-546 (18) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock County, Texas on this day personally appeared Twi I a Fo I som+Business office Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, Evening and Sunday. who being by me duly sworn did depose and sav that said newsp per_a been published 398 WO rnuously f o P ore than fifty-two weeks prior to the first insertion of this Legal er word—$99.50 No. 924942 at Lubbock County, Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -,Journal on the following dates. May 111 1981 I7889 Business office Manager LUBBOCK AVALANCHE -JOURNAL. Southwestern Newspapers Corporation Subscribed and sworn to before me this _13-.ihday of - a I 19—wL FORM 58-10 375 81-40-375-543 Zone Case No. 2316 (17) Request of Steve Hurt and Dwight Andrews (for Briercroft Savings and Loan Association) to .change Lots 17 and 18, Block 1, Eubank Fort Addition, City of Lubbock, from R-1 to AM *Publisher's Zoning District (located at 3602 - 23rd St.). Affidavit on page 374A. The Planning and Zoning Commission recommended this request be_a owed, subject to the following conditions: a. That it be tied to the site plan as presented. b. That the use be limitedto medical professional offices only. Ordinance No. 8198 In accordance with Notice published May 13, 1981, in the Lubbock Avalanche -Journal, a public hearing was held on the above referenced matter. Proponent: Bob Messersmith, Architect This request will remove residences in an "R-l" zone and replace them with "AM" specific use medical professional offices. There is "AM" policy zone on the North, "R-1" single- family on the South, East and West. The Planning and Zoning Commission felt that since this request is adjacent to the policy zone, it was their recommendation that the zoning be limited to medical professional offices and tied to a site plan. To extend the policy zone beyond 23rd Street would cause premature speculation and deterioration of the stable residences in the area. Jim Bertram, Director of Planning, felt that P & Z had made a reasonable compromise and recommended approval. Appearance: Hugh Anderson, Attorney Mr. Hugh Anderson asked if the use was strictly for medical professional offices, to which Mr. Bertram assured him that it was. There being no further discussion and no opposition, the hearing was closed. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8198 on first reading, subject to the above referenced conditions. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (no site plan submitted) SMH:pc ORDINANCE NO. 8198 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. 2316; CHANGE LOTS 17 AND 18, BLOCK 1, EUBANK FORT 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. 81-40-375-544 Zone Case No. 1875-G Request of W. M. Wright (for Briercroft Savings and Loan Association) for a Specific Use Change, from C-4 to C-4§pecific Use Permit under provisions of Section 22.3-24 of the *Publisher's -Zone Zoning Ordinance for mini -warehouses on Lot 6, Commander's Addition, City of Lubbock (located Affidavit on at 6501 - 19th St.). page 374A. The Planning and Zoning Commission recommended to the City_ Council that this request be approved. Ordinance No. 8199 In accordance with Notice published May 13, 1981, in the Lubbock Avalanche - Journal, a public hearing was held on the above referenced matter. Proponent: W..M. Wright, on behalf of Briercroft Savings & Loan Assoc. This request is to change from "C-4" to "C-4" specific use for mini -warehouses. This area is located on the southwest corner of 19th Street and Milwaukee. The land at the immediate southwest corner of 19th and Milwaukee is occupied by a barrow pit which is part of a playa lake and under the high-water mark. Proponent indicated that the walls would be of masonry construction, which he felt would enhance the neighborhood. Also, a screening fence will be provided on the south side, north of the residential area. There being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinance No. 8199, subject to the walls being of masonry construction. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (no site plan submitted) SMH:pc ORDINANCE NO.8199 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. 1875-G; CHANGE LOT 6, COMMANDER'S ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-4 TO C-4 SPECIFIC USE ZONE 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 376 81-40-376-545 (20) *Publisher's Affidavit on page 374A. 81-40-376-546 (18) *Publisher's Affidavit on page 374A. Zone Case No. 2327 .ReqLest of Bill Scott (for Scott's Batting Practice) to change Lots 3 and 4, Block 1, 34th Street Annex Addition, City of Lubbock, from C-2 to C-3 Zoni—ng District (located at 2329 - 34th St.). The Planning and Zoning Commission recommended this request be approved. Ordinance No. 8200 Proponent: Bill Scott, on behalf of Scott's Batting Practice This request is within an existing building which was previously the Village Theater. The proponent has converted the inside of the building to a batting practice range. The proponent indicated that this would be for the benefit of little leagues and softball teams. The hours in which this place will be open will be 1 p.m. to 10 p.m. Mr. Jim Bertram, Director of Planning, stated that the exterior of the building will not change and the parking will also remain the same. The existing zoning is "C-3" on the North, Southeast, and "C-2" on the West. Future "C-3" requests would be logical bringing "C-3" zoning to the East. The Planning and Zoning Commission unanimously recommended approval of this request. There being no discussion and no opposition, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance No. 8200 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker votii Yea; none voting Nay. (no site plan submitted) SMH: p c ORDINANCE NO. 8200 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. 2327; CHANGE LOTS 3 AND 4, BLOCK 1, 34TH STREET ANNEX ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-2 TO C-3 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. At 11:00 a.m., Mayor McAlister recessed the meeting to go into Executive Session, reconvening at 11:10 a.m. Zone Case No. 2118-E Request of Lard Teaver (for Lakeridge Country Club Estates) to change a tract of land out Section 15, Block E-2, ��t of Lubbock, to amendthesite plan -(located at 92nd Street and York Avenue). The Planning and Zoning Commission recommended to the City Council that this request .be.approved. Ordinance No. 8201 In accordance with Notice published May 13, 1981, in the Lubbock Avalanche - Journal, a public hearing was held on the above referenced matter. Proponent: Larry Teaver, on behalf of Lakeridge Country Club Estates This is a routine request to amend a current site plan originally restricted to townhouses to a site plan development for zero lot line. This would reduce the number of units in this area. Mr. Larry Teaver stated that this area would be used for single-family development. There being no discussion and no opposition, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8201 on first reading. Motion carried: Mayor McAliste Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (no site plan submitted) SMH:pc . ORDINANCE NO. 8201. 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. 2118-E; CHANGE A TRACT OF LAND OUT OF SECTION 15, BLOCK E-2, CITY 'b'F'LUBBOCK, LUBBOCK COUNTY,,, TEXAS TO AMEND THE SITE PLAN; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The meeting was recessed at 11:30 for lunch and Work Session items, reconve at 1:17 to discuss the remaining items on the Regular City Council agenda. 377 MAY 1981 ti 81-40-377-547 (24) 81-40-377-548 ( 9) 81-40-377-549 (45) 81-40-377-550 (46) Consider accepting Pump Station #10 and water storage reservoir, and authorize final payment to contractor (Bid #5433, Reso. #260, 8/30/79). This project has been completed and is ready for service. The final payment is in the amount of $21,262, not including $43,000 in liquidated damages, which have been withheld from payment to the contractor for the delay in completing the project. The pump station and reservoir was to be completed in June, 1980, but was not substantially completed until October, 1980. The motion was made by Councilman Brown, seconded by Councilman Aderton to accept Pump Station #10 and water storage reservoir and authorize payment to contractor. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Mr. Hollis Walker, KHC Systems, Inc., will ._a�p appear to present the preliminary report on Lubbock Traffic Signal System Study. During the Work Session, the preliminary report of the Signal System Study was given by Hollis Walker and Nat Yagoda of the KHC System, Inc. The Council was apprised that the current traffic light system, referred to as systems ABC, has become outdated, being 8 to 11 years old, and the maintenance of such equipment would be very burdensome. Mr. Yagoda presented four alternatives, to -wit: 1. Digital Central Computer 2. UTCS First Generation 3. UTCS First/Second Generation 4. Upgrade Existing Mr. Yagoda felt that #3 would be the best and less costly because the new system could be connected to the old system. This would expand the computer to a 32-bit, 768 k byte, mini- computer with dual disk drives. Mr. Yagoda stated further that for 108 signalized intersect primarily in the downtown area, it would cost about $4.3 million, if the City is planning to get this project going in a couple of years. This would be $120,000 in annual operating costs, Mr. Yagoda felt that if we decided to go with this system now that it would take a couple of years before the system would actually be constructed, giving the following time schedule: 1. Engineering Design 9 - 12 months 2. Bidding & Award 4 months 3. Construction 24 - 30 months He felt that in about the Summer of 1985 the signals would be in full operation. Upon Council query, Mr. Yagoda further stated this new system would not require replacing the signal poles; that this new system would be on main intersections; that it would be synchroni2 alleviating this stop and go business at every intersection. Overall,Mr. Yagoda and Mr. Walker felt that this system would be best for the City of Lubbock. At the regular session, the motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to accept the preliminary report and requesting the staff to start on this project. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Consider one appointment to the PARKS AND RECREATION BOARD tofillthe unexpired term of Josue "Josh" Silva, who is moving out-of-town. Lee Rivera 4624 Grinnell(15) 747-4945 COMA Term to expire: 3/31/83 Consider one appointment to the ZONING BOARD OF ADJUSTMENT to fill the unexpired term of David L. Nail, who has moved out-of-town. Regular Member: Mary Mauldin 1919-34th #35 (11) 747-1807 Briercroft Leasing (to fill the unexpired term of David L. Nail, said term expiring 2/26/82) Alternate Member: Sally Kersey 2803 - 20th (10) 795-8209 Term: 5/28/81 - 5/28/83 U �d, The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to .approve the above referenced Board Appointments. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 378 �'JAY 28 1981 There being no further business, the motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to adjourn at 1:52 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem, Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. BILL RcALiStER, MAYOR ATTEST: Evelyn Gaffga,'City Secr'e't#y-Treasu—rer READ AND APPROVED THIS 18th DAY OF JUNE, 1981. Bik.L nc—ACTSTER' MAYOR ATTEST: LkI Evelyn Gaffga,'City c e y-Treasurer