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