Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 6/18/1981WE am► •r r] 0 81-40-380-551 ( 1) 817k,40-380-552 , 2) 0 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING June 18, 1981 At 8:40 a.m.,an Executive Session was announced by Mayor McAlister for the purposes of considering pending litigation and personnel matters; this announcement was made 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 Yhursd June 18, 1981,*at 9:30 a.m. in the City Council Chambers, Second Floor,Nilty Half.' Nose present: Mayor Bill McAlister, Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, Councilman M. J. Aderton, Councilwoman Joan Baker, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None. The invocation was given by Councilman Jack Brown. Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. 81-40-380-553 Approval of Minutes: Regular Meeting, May 28, 1981 3) Special Meeting, June 5, 1981 The motion was made by Councilman Aderton, seconded by Councilman Brown 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. Citizen Appearances 81-401-380-554 Board Appointments (4A) Lee Rivera Parks and Recreation Board Mary Mauldin Zoning Board of Adjustment 81-40-380-555 Presentation bV Lubbock SoccerAssociation (4B) Appearan!ces: Phil Hood, President Ms. Charlie Kemp John Alford, Parks & Recreation Director Representatives from the Association presented a check for $10,000 to Mayor McAlister on behalf of the Lubbock Soccer Association, the funds to be designated for the construction of a tower at the soccer complex, said tower being necessary for the observation of the various playing fields as well as security measures. Mr. Hood indicated there were 5,000 children and over 2,000 adults participating in soccer, and that Lubbock ranks No. 5 in the nation for active participation. 81-40-380-556 Russell.Hartsfield, representing Hollon's Home Furnishings, will appear to 5) request a loud Mayor Pro Tem Henry presiding. Mr. Hartsfield finally appeared at 10:30 a.m. to made his request, which was scheduled for 9:40 a.m. He indicated that the shopping center located at Loop 289 and Brownfield Highway is wanting to have a Fourth of July celebration on their parking lot; that all merchants in the Center are participating in the activities which will consist of speeches by Mayor McAlister, Judge J. Q. Warnick and other civic leaders, fiddler/banjo/pie eating contests and various other promotional "give aways" and activities, for which the loud speaker is needed. The entire activities will be covered by TV-28. Mr. Hartsfield indicated that the loud speaker would be facing West out over the parking lot and would not be offensive to anyone, particular] since most of the merchants are participating in the activities. In response 381 JUN 18 1981 to Council query, he indicated that they had not had any inquiries or complaints from adjacent neighborhood areas. The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the request of Hollon's Home Furnishings for the use of a loud speaker on July 4, 1981, at the above referenced location. Motion carried: Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor McAlister abstaining. 81-40-381-557 Representative of Citizens Traffic Commission will a_p�ear to request a letter be sent to ( 6) the State Department of Highways and Pu_b_lic Transportation for permission to install a traffic signal at the intersection of 73rd Street and Slide Road. At the 8:30 Work Session, the Council was apprised that the normal procedure, inasmuch as Slide Road is under the jurisdiction of the Highway Department, is for them to conduct their own study and report the results of said traffic study as to whether or not there is need for the requested signals. At the Regular Meeting, Harry Eastus, a member of CTC, appeared on behalf of Mr. Don Jones, a resident on 73rd Street near the intersection in.question, to emphasize the need for the requested study to determine the feasibility of a traffic signal installation at this intersection. Mr. Eastus indicated that the residents were having great difficulty gaining access to Slide Road from 73rd due to the high volume of traffic and to the excessive speed on Slide, even though a recent ordinance passed by the Council lowered the speed rate to 50 mph. This speed limit revision was approved May 28 and would become effective June 20, 1981. Mr. Eastus indicated that there are nine warrants affecting the justification of a traffic signal installation and this particular location, in the opinion of the CTC, meets two of those warrants, that is: Warrant No. l requires that minor street highest volume approach for one direction is to be 150 vehicles per hour for each eight highest combination hours per day; during the same eight hours on the major street, there must be at least 500 vehicles per hour. The 73rd/Slide intersection complies with this warrant. It is believed Warrant No. 6 indicates that traffic installation must not be based on a single accident incident, but is justified if five or more reported accidents of a type susceptible of correction of a traffic control signal have occurred within a 12-month period, each accident involving personal injury or property damage. The staff recommends that installation of a traffic signal be delayed until the revised speed zone, referenced above, has been implemented and the signalization installed at 82nd and Slide has been studied and reviewed. Additionally, the staff feels the Highway Department needs to conduct a thorough study of the traffic volume and related matters prior to a recommendation or approval by the Council. The estimated cost for such an installation will be $40,000 and is the City's responsibility to install and maintain such depending on the Highway's approval for said installation. At the June 2, 1981, CTC Meeting, they unanimously approved to request the Mayor write the Highway Department requesting the referenced traffic volume study at the specified location. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton for Mayor McAlister to write the Highway Department requesting they perform a traffic volume study at the intersection of 73rd and Slide Road regarding the installation of a traffic signal. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-381-558 Ordinance No. 8192 An appropriation ordinance for Sandhills Well Field development prof ects (Water Cap ital Project Fund). 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: 382 JUN 1'8 i98i �- There is hereby appropriated out of the following described fund, to -wit: Water Capital Project Fund _ the sum of_$5,200,000.00 For the following purposes:__--- Sandhills Well Field Development Prod ect ___ Prior Appropriation Ordinance Numbers Issued for this Project Projected Costs Pipelines - $2,661,115 Roads & Gates $ 335,500 Drill 25 Wells $ 814,583 Pumps & Motors (25) $ 289,935 Well Tie -In $ 175,800 Electric $ 625,000 Engr. & City Costs $ TOTAL $5,200,000 8127 Proi ected Funding 1980 Water Bond Funds Passed by the Council on first reading this 14th day of May, 1981. Passed by the Council on second reading this 18th day of June, 1981. /S/ Bill McAlister Mayor _______-___ ATTEST: /S_/Ev_elyn Gaffga VERIFIED BY: /S/ J_.Ro_b_e_rt Massengale ___ City Secretary -Treasurer Director of Finance APPROVED BY:/S_/ Wilford D.Wat_s_on Department Head -- -- �_ 81-40-382-559 Ordinance No. 8196 A_n aL_propriation ordinance for relocation of traffic control devices for the reconstruction of Avenue L between 28th Street and 38th Street. 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 " i 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 383 augum Projected Costs Relocation of traffic controls between 28th and 38th Streets on Avenue L. $5,000.00 Prod Funding 1979-Street Improvement Bonds AND IT IS SO ORDERED Passed by the Council on first reading this 28th day of a ---- -1-981 A-Y - Passed by the Council on second reading this 18th day of ----June ------- 1981. ISI Bill McDaniel Mayor ATTEST: _/S/ Evelyn Gaffga VERIFIED BY: /S/ J. Robert City Secretary -Treasurer Director of Finance APPROVED BY: /S/ B. McDaniel Department Head 81-40-383-560 Ordinance No. 8197 9) AR_ap o riationl ordinance for the purchase of pumper and snorkele trucks (Fi re Ra _Ti�T _ __p.!�:j (Fire Capital ��U� 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 For the following purposes: Purchase of equipment for triple --- combination _puLmpe�,_____ ---- ---------- and one 1250 gpm Mack Pumper equi llt�l - . Unit 20). �pp��d with 50' Snorkel Dept Prior Appropriation Ordinance Numbers Issued for this Project N/A ----------- PROJECTED COSTS 1.) Pumper Equipment 2.) Pumper/Tele-Squrt TOTAL $ 12,151.59 $160,130.00 $172,281.59 AND IT IS SO ORDERED PROJECTED FUNDING Fire Station Capital Projects Fund $172,281.59 Passed by the Council on first reading this 28th day of __N�jy 1981. Passed by the Council on second reading thi:�t�day of_-_ June -------- 1 4,6-f . /S/ Bill McAlister Mayor ATTEST:-"'/S/ Evelyn Gaffga VERIFIED BY:/S/J. Robert Massengale (t-i Secretary -Treasurer Director of Finance APPROVED BY:/I/_Wayne Aaj_a ey Department Head 384 RMEW.W, I'll 81-40-384-561 (10) 81-40-384-562 (11) 81-40-384-563 (12) 81-40-384-564 (13) Ordinance No. 8198 - Zone Case #2316 An ordinance changing Lots 17 and 18, Block 1, Eubank Fort Addition from R-1 to AM Zoning District, subs ect to the following conditions:- -�- _-- i- 1. That it be tied to the site plan as presented. 2. That the use be limited to medical professional offices only. (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. Ordinance No. 8199 - Zone Case No. 1875-G An ordinance changing Lot 6, _Commander's_ Addition, from C-4 to C-4 Specific Use (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 PUBLICATION. Ordinance No. 8200 - Zone Case No. 2327 An o_rdinanc_e c_h_a_nging Lots 3 and 4, Block_ 1, 34th Street Annex Addition, from C-2 to C-3.'Zonin district. (not site plan submitted) SMH:pc 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. Ordinance No. 8201 - Zone Case No. 2118-E An ordinance changing a tract of land out of Section 15, Block E-2 to amend _-- _- __- -_- (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 OF 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 motion was made by Mayor Pro Tem. Henry, seconded by Councilman Brown to pass Ordinance Nos. 8192, 8196, 8197, 8198, 8199, 8200 and 8201 on second and final reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. EN OEM 81-40-385-565 Hold a public ILEjarLrja to determine public convenience and necessi ty for D J & L Limousine (14) In accordance with Notice posted June 12, 1981, a public hearing was held on the above matter. Appearances: Dean Nichols, D J & L Limousine Service, applicant Jim Sexton, opponent Law Clerk for Patrick Abeyta, on behalf of Ernesto Martinez Lee Rivera, Director of COMA Mr. Nichols appeared to request the issuance of a permit for limousine service and indicat that he had met all the requirements regarding insurance, and adequate vehicle equipment, etc. This is the first public hearing held under the new Ordinance No. 8167, said hearing held for the purpose to consider whether or not the public convenience and necessity would be served by the issuance of such a permit. The criteria required of each applicant are: 1. financial responsibility of the applicant; 2. the number, kind and type of vehicle to be used by the applicant; 3. the probable affect of increased service on the local traffic condition; 4. whether or not the use of the streets by the public (vehicle and pedestrian) would be endangered by additional service; 5. the character, experience and responsibility of the applicant; 6. whether the applicant is fit, able and willing to perform service on a regular and continual basis. The City Manager indicated that the applicant had complied with these criteria. He also indicated that he wanted the applicant to understand that the space available for parking at the Airport is under the jurisdiction of the Airport Board and Airport staff, and to his knowledge the applicant had not appeared before them to secure this designation. Furthermore, it is necessary to determine whether or not the permit is to be issued before he can appear before the Airport Board to make this request. Councilman Brown stated that he was a strong supporter of the free enterprise system letting the needs of the economy and public demand make this determination. However, he had reservations as to whether or not there was adequate and continual service throughout the flight day and cited an instance where he had given a gentleman a ride, who arrived on the 10:30 p.m flight, into town because there were no cabs or limousines available at that hour of the night, and he was uncertain that one more permit would resolve this problem, which was not being met with those already in business. Mr. Lee Rivera, being a newcomer to the Council procedures, queried whether or not the criteria for each and every applicant is established, and also whether or not the spaces available at the Airport for limousine service are on a rental basis, first -come -first - served, or what method is used, to which the response by the staff was to the effect that the criteria was established by ordinance and the applicant complies with these, and that the spaces at the curb site at the Airport are at a monthly rental rate. Mr. Rivera suggested that the permit be issued if all these factors had been considered. Mr. Jim Sexton spoke in opposition to the applicant's request for the reason that there was not sufficient revenue now for both cab drivers and limousine drivers to warrant another permit. Following all discussion and appearances, the hearing was closed at 10:20 a.m. 81-40-385-566 Consider authorizing Cites Manager to issue limousine service (18) Service. permit� L(:l D J & L Limousine The motion was made by Mayor Pro Tem Henry to hold this item and refer the matter back to the Airport Board to investigate and survey the volume of public demand and necessity regarding both the taxicab and limousine service; to propose a rotation system to insure that there is continual service throughout the flight day; and to receive a report from the Airport Board as to their analysis and recommendation, it being the intent of the Council that if evidence warrants a sufficient need to issue another permit, that they will consider this matter following their report and recommendation. Councilwoman Baker indicated she would second the motion subject to it being amended to direct the Airport Board to maximize the parking spaces to be utilized by cabs and limousines. Mayor Pro Tem Henry concurred. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. At 10:40 a.m., Mayor McAlister recessed the regular session for executive session. N. 81-40-386-567 Consider a resolution A tj��� Renewal Plan for Community and _D_e_v_e_Ldate _ofor a jto amend (18) t_h_e Urban _pTLe.�t� and redevelopment Area No. *Reso 820 Resolution No. 820 amends Reso dated 11/17/77. A request has been made to P & Z to change the land use on the south side of 19th Street from R-2 to C-4. Before this request can be considered, it will necessitate amending the Urban Renewal Plan for the area between 19th and 34th Streets, Avenue Q and Avenue L. To change the Plan necessitates a public hearing. The Plan was previously approved by City Council November 17, 1977. The motion was made by Councilman Brown, seconded by Councilwoman Baker to hold a public hearing on July 23, 1981 at 10:00 a.m. to consider amending the Urban Renewal Plan for CD Rehabilitation and Redevelopment Area No. 26. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMH:pc RESOLUTION NO. 820 RESOLUTION PROVIDING FOR MEETING OF AND PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERNING THE AMENDING OF THE PROPOSED LAND USE MAP OF THE AMENDED URBAN RENEWAL PLAN FOR THE COMMUNITY DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREA NUMBER 26; AND PROVIDING FOR NOTICE OF SUCH MEETING AND HEARING. WHEREAS, the Urban Renewal Law of the State of Texas permits the modifi- cation of an Urban Renewal Plan at any time provided if such modification affects the land use, among other plan elements, then much modification shall not be made until it has been submitted to the Planning and Zoning Commission and to the Urban Renewal Agency and a report rendered to the City Council for reviewing and proceeding with a public hearing; and WHEREAS, a proposed land use plan amendment to the amended Urban Renewal Plan for the Community Development Rehabilitation and Redevelopment Area Number 26, dated September 22, 1977, as approved and adopted by the City's governing body on November 17, 1977, was reviewed and approved by the Planning and Zoning Commission on June 9, 1981, and by the Urban Renewal Agency of the City of Lubbock on May 19, 1981, and recommendations were made to the City Council; and WHEREAS, said proposed amendment and recommendations have been reviewed by the City Council of the City of Lubbock; and WHEREAS, it is the purpose and intent of the City Council of the City of Lubbock, on this date and at this time and place specified in the form of notice contained in Section 1 hereof, to hold a public hearing on the question of adopting a resolution to approve and adopt the proposed amendment to said Urban Renewal Plan substantially in the form of resolution set forth in the form of notice; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the following notice is hereby ordered to be pub- lished by the City Council of the City of Lubbock said notice to be published in the June 21, 1981, the June 28, 1981 and the July 5, 1981, issues of the Lubbock Avalanche -Journal (the official newspaper of the City of Lubbock) said notice to be in the following form, to -wit: "NOTICE OF MEETING OF AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERNING THE AMENDMENT OF THE AMENDED URBAN RENEWAL PLAN FOR THE COMMUNITY DEVELOPMENT REHABILITATION AND DEVELOPMENT AREA NUMBER 26. Pursuant to the provisions of the Urban Renewal Law of the State of Texas, notice is hereby given that the City Council of the City of Lubbock will meet at the City Hall in the City Council Chamber on the 23rd day of July, 1981 at 10 o'clock a.m. C.D.T. at which time and place of said Council will conduct a public hearing on the question of, and will consider and determine whether or not it will amend the amended Urban Renewal Plan for the Community Development Rehabilitation and Redevelopment Area Number 26 by passing a resolution substantially as follows: 'RESOLUTION APPROVING AND ADOPTING A LAND USE PLAN AMENDMENT TO THE AMENDED URBAN RENEWAL PLAN FOR THE COMMUNITY DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREA NUMBER 26; KE-139 zjm� WHEREAS, the proposed land use map revision in the amended Urban Renewal Plan for the Community Development Rehabilitation and Redevelopment Area Number 26, as hereinafter set forth, has been reviewed by and approved by the planning and zoning commission of the City of Lubbock and by the Urban Renewal Agency of the City of Lubbock; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the land use amendment as set forth on a map attached hereto and made a part hereof, entitled "Proposed Land Use Map, Exhibit URP-II of the Community Development Rehabilitation and Redevelopment Area Number 26", and designated herewith as Exhibit A to this Resolution, be and is hereby approved and adopted.' At the aforesaid public hearing, each person will be given full opportunity to be heard, either in person or by his counsel, relative to the subject being considered, and likewise to present to and file with the City Council for its consideration, his written comments and recommendations relative to the subject." CITY COUNCIL OF THE CITY OF LUBBOCK BY ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: / S / Evelyn Gaffga ----___ -___ -_____ -- EVELYN GAFFCA_,7(�f� _ISECRETARY-TREASURER SECTION 2. The City Council shall meet on the date and at the time and place specified in the form of notice contained in Section 1 hereof and shall then and there hold a public hearing to consider and determine if it should adopt a resolution substantiall in the form set forth in said form of notice. Passed by the City Council of the City of Lubbock this 18th day of June, 1981, on the motion of Councilman Jack Brown seconded by Councilman -_ Joan Baker -------- , by the following vote: /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn,Gaffga - ------------ — Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Vicki Covey Vicki Covey, Community Development Coordinator APPROVED AS TO FORM: ISI Susan M. Horton Susan M. Horton, Assistant City Attorney �`�^� *NOTE: Exhibit URP-II,"Proposed Land Use Map of the Community Development Rehabilitation and Redevelopment Area Number 26", is attached and filed with original Resolution No. 820. 81-40-387-568 Consider a resolution authorizing the jayRi� L(I execute a Grant Agreement under the Funding (19) AERK2_v�l under TitT_�_Y_c;T_CKe__fc� p(�v(�Loppj��rj!� c?uL!�Lrja Act of 1974 for the 1981-82 Program. Resolution No. 821 HUD approved the 1981-1982 CD Block Grant (7th year) effective June 1, 1981 in the amount of $3,360,000 to be allocated toward seventeen (17) activities as follows, 13 of which are: 1. Neighborhood revitalization - Arnett -Benson Bean School Meadowbrook Villa Elliston-Bozeman Posey Stubbs School Phyllis Wheatley 2. Land acquisitions South Overton Park 3. Canyon Lakes clean-up 4. Yellowhouse Canyon: Restrooms 5. South Lake 6 Road 6. Senior Citizens' Nutrition Program 7. Rogers' Senior Citizens Center 8. Weatherization 9. Code Enforcement 10. Intensified Code Enforcement 11. Engineering and Design - East 19th Street, Quirt to Loop 289 12. Engineering and Design - 34th Street and Quirt Avenue extension 13. Neighborhood House improvements There are no restrictions or grant conditions, and the grant will be in effect until May 31, 1982. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution No. 821 authorizing the grant agreement for 1981-82 CDBG program (7th year). Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMH:pc RESOLUTION NO. 821 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT UNDER THE FUNDING APPROVAL UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 FOR COMMUNITY DEVELOPMENT FUNDING YEAR 1981-82 BETWEEN THE CITY OF LUBBOCK AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR TO EXECUTE ANY OTHER DOCUMENT OR INSTRUMENT NECESSARY TO IMPLEMENT THE ACTIVITIES APPROVED IN THE FUNDING APPROVAL. WHEREAS, Title I of the Community Development Act of 1977, Public Law 93-383, provides for a program of Community Development Block Grants; WHEREAS, the 1981-82 Annual Application for Community Development Block Grants for the City of Lubbock having been submitted to and approved by the Department of Housing and Urban Development; and WHEREAS, the City Council, has determined that participation in the Community Development Block Grant Program will be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Agreement under the Funding Approval under Title I of the Housing and Community Develop- ment Act of 1974, 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. 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 any other docu- ment or instrument necessary to implement the activities approved in the Funding Approval. Passed by the City Council this lgth _ day of June , 1981. _1 SL Bill McAlister BILL McALISTER, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: _ 51 Vicki Covey _..... ._... ................ Vicki Covey, Community Development Coordinator APPROVED AS TO FORM: LS1 Susan M. Horton _ __--__ -------------- Susan M. Horton, Assistant City Attorney *NOTE: Grant Agreement is attached and filed with original Resolution No. 821. MW 81-40-389-569 Consider a resolution authoriz-----ing--- the Mayo.��_to execute a funding agreement with (20) the_ _U_r b_a_n_R_e_n_e_w_a Renewal Agency ------ y for the 1981-82 CD program.- Resolution No. 822 At the 8:30 a.m. Work Session, Councilwoman Baker queried as to the procedures the Urban Renewal Agency follows in the preparation of their budget and/or subsequently auditing procedures, to which the response was that they are audited by a CPA firm; however, there are no formal budgeting procedures required of them. She indicated that she would like to see this implemented in the new fiscal year. At the Regular Session, the motion was made by Councilwoman Baker to pass Resolution No. 822 authorizing the funding agreement with the Urban Renewal Agency PROVIDED THAT commencing with the 1982-83 fiscal year, the Agency utilize the City's budgeting process; that is to say, their budget be reviewed by the City staff and City Manager. Motion was seconded by Councilman Brown. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMH:pc RESOLUTICN,NO. 822 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK. WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Plan pursuant to the Housing and Community Development Act of 1974 as amended; WHEREAS, the Agency is a public body, corporate and politic, created pursuant to Art. 12691-3, V.A.C.S., and is transacting business and exercising the powers granted by said law; and WHEREAS, the City desires to contract with the Agency to provide and do certain activities and services pursuant to the Housing and Community Development Act of 1974 as amended and the related rules and regulations of the Department of Housing and Urban Development (HUD), and said Agency is authorized by law and is willing to carry out such activities; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Community Development Funding Agreement between the City of Lubbock and the Urban Renewal Agency of the City of Lubbock, 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 18th day of J 1981. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: Gaf f ga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Vicki Vicki Covey, Community Development Coordinator APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. �-�-c6�i-,--A-s-si—s-t-a-n-t—Cit—y—A-t-t- iiAttorney COMMUNITYDEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK STATE OF TEXAS COUNTY OF LUBBOCK This Agreement entered into this 18th day of i LunLEL__, 1981, between the City of Lubbock, a home rule municipal corporation, hereinafter called "City" and the Urban Renewal Agency of the City of Lubbock, Texas, a municipal corporation, hereinafter called "Agency". LTTTMVQQV1rU . 390 NEW a mo of a Community Development Plan pursuant to the Housing and Community Development Act of 1974 as amended; WHEREAS, the Agency is a public body, corporate and politic, created pursuant to Art. 12691-3, V.A.C.S., and is transacting business and exercising the powers granted by said law; and WHEREAS, the City desires to contract with the Agency to provide and do certain activities and services pursuant to the Housing and Community Development Act of 1974 as amended and the related rules and regulations of the Department of Housing and Urban Development (HUD), and said Agency is authorized by law and is willing to carry out such activities; NOW THEREFORE, the City and the Agency do hereby mutually agree as follows: 1. The Agency agrees to perform and do such activities as may be necessary to provide rehabilitation and relocation assistance programs as well as to make acquisitions deemed necessary and described in the Community Development and Housing Plan 1979-82 and the Annual Application which begins June 1, 1981 and continues to May 31, 1982, and the specific Urban Renewal Plan approved and adopted by the City Council, pursuant to and under the authority of Article 12691-3, V.A.C.S. 2. To carry out the agreed services, the City will apply for funds from the Department of Housing and Urban Development and such funds when received by the City shall be paid to the Agency to carry out such services, the total amount paid not to exceed one million, eight hundred fifty thousand dollars, ($1,850,000-00). 3. The Agency will perform the activities set forth in this agree- ment in such areas of the City heretofore designated as Neighbor- hood Strategy Areas and which bear specific designations as Area 7E, Area 17C, Area 20, Area 22, Area 25, Area 26, Area 27C, and Area 29. The site locations are indicated in Exhibit A (attached). The named and described areas are within designated Community Development Rehabilitation and Redevelopment Areas. Plans for each of the said areas are set forth in a specific Urban Renewal Plan which includes the objectives, land -use, techniques for carrying out each plan, procedures for changing any plan, property rehabilitation standards, specific restrictions, boundary descripti and acquisition maps, all adopted by the City Council in accordance with law, all of which are on file in the Office of the City Secretary and the Office of the Executive Director of the Urban Renewal Agency and to all of which reference is here made and by reference made a part hereof for all particulars as though fully set out herein. 4. The governing body of the Agency, the Agency's Board of Commission- ers, shall adopt such policies as may be necessary to guide the Agency in the execution of the obligations and activities authorized by this agreement. Such policies shall be adopted after considera- tion of recommendations made by the Director of Planning of the City and the Executive Director of the Agency. 5. It is understood and hereby agreed that it shall be the responsi- bility of the Agency to implement the Community Development and Housing Plan, under which an Urban Renewal Plan for each of the designated areas has been adopted and to this end the Agency shall be responsible and obligated to do and provide the following: A. Rehabilitation. All rehabilitation assistance for both residential and commercial structures, if any, including the administration and processing of No -Interest Deferred Payment loans, the supervision and administration of the rehabilitation work in respect thereto, the administration and processing of Section 312 loans, and the supervision and administration of said rehabilitation work in respect thereto, will be performed and carried out by the Agency within the designated areas and throughout the entire neighborhood encompassed by an urban renewal plan of which said areas are a sub -area or portion thereof. Further, the Agency, in accordance with an Agreement with the Federal Government and the City of Lubbock, is given the authority to directly approve Section 312 loans and will act under such authority through properly designated Agency officials. The Agency in approving such loans agrees to comply with the policy of the Department of Housing and Urban Develop- ment, subject to the availability of funds as determined by that Department, and to comply with the regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964 and applicable Executive Orders. 391 Flil"111 B. Relocation. All relocation assistance programs available to families, individuals and businesses displaced by Community Development activities of the City within the designated areas will be provided by the Agency. Further, the Agency will act as the Central Relocation Agency for the City of Lubbock, providing such technical services to the City as the City deems necessary and desirable in connection with relocation assistance to families, individuals and businesses displaced by governmental action of the City, within the boundaries of the City, including real estate acquisition by the City. In this connection, the Agency will be reimbursed by the City for its administrative and other costs in providing such services and technical assistance. The Agency agrees to comply with and will maintain the approp- riate HUD -required records proving compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and all applicable le regulations, policies and requirements promulgated by the Department of Housing and Urban Development pertaining to the said Act, and the Housing and Community Development Act of 1974 as amended with respect to relocation assistance and services provided hereunder. C. Real Estate Acquisition. The Agency agrees to acquire by purchase, dedication or eminent domain proceedings such properties within the designated areas set forth in the Community Development Plan for the City as are reasonably necessary to achieve the Urban Renewal objectives within the said areas. Further, the Agency will provide such technical assistance to the City as the City deems necessary and desirable in connection with real estate acquisition and disposition of properties within the boundaries of the City. In this connection, the Agency will be reimbursed by the City for its administrative and other costs in providing such ser- vices and technical assistance. The Agency agrees to comply with and will maintain the appro- priate HUD -required records proving compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and all applicable regulations, policies and requirements promulgated by the Department of Housing and Urban Development pursuant to said Act, and the Housing and Community Development Act of 1974 as amended, in the acquisition of properties pursuant to the Community Development Plan of the City. D. Public Improvements. The Agency shall make or cause to be made such public improvements within the designated Urban Renewal areas as are set forth in the approved budget, and amendments thereto. 6. It is agreed that the City shall pay to the Agency an amount not to exceed one million, eigth hundred fifty thousand dollars ($1,850,000.00) for the services performed under this agreement with such payment to be paid upon submission of a request for payment by the Agency to the Community Development Coordinator. The Agency will be paid for the costs of rendering and performing the services herein agreed upon as set forth in the Activities and Work Program, Exhibits B and C (attached). 7. The City shall provide technical and engineering services in connection with and respecting the Project Areas within the City of Lubbock, Lubbock County, Texas, to be described in writing prior to preparation of plans and specifications, and shall do, perform, and carry out in a satisfactory and proper manner, as determined by the Agency the following: General Supervision, including Field Layout, and Admini- stration of Authorized Construction and continuous resident field inspection, and acceptance for final payment for sidewalk improvements in theLubbock Community Development Program, seventh year, areas 7E, and 20. 8. For services provided by City, the Agency will pay to the City the actual cost of services performed, said services not to exceed six percent (6%) of the total project cost. 9. Amendments to the Activities and Work Program, Exhibits B and C, which amount to less than 20% of the total funding authorized by this agreement may be made by the Agency with the approval of the City Manager. Any change which singly or cumulatively constitutes a shift of 20% or more in the amount of funds allocated may be made by the Agency only after approval by the Agency's Board of Commissioners and by the City Council. 10. The Agency shall furnish the City with any appropriate reports 392 JUN is 1981 11. The Agency, in compliance with Article 12691-3, Section 16(c), V.A.C.S., shall file with the City on or before March 31st of each year a report of its activities for the preceding calendar year. The report shall include a complete financial statement by the Agency setting forth its assets, liabilities, income, and operating expenses as of the end of such calendar year. 12. The City hereby designates the Community Development Coordinator as its single point of contact with the Agency. All reports or other communications relative to this agreement shall be addressed to the Coordinator or to a delegate expressly named by the Coordinator. 13. The Agency shall be deemed at all times to be an independent con- tractor and nothing contained herein shall be construed as creating the relationship of employer and employee between the City and Agency. 14. The City shall have the right of access to Agency records, properti and offices at any time for the purpose of verifying that the Agency is in compliance with the terms of this agreement. 15. The activities performed by the Urban Renewal Agency with funds provided under this agreement shall be performed within the Com- munity Development target areas. For purposes of determining venue and the law governing this agreement, activities performed under this agreement are performed in the City and County of Lubbock, State of Texas. 16. The City shall not be subject to any of the obligations or lia- bilities of the Agency incurred in the performance of this agreement. The Agency expressly agrees to indemnify and hold harmless the City for any and all liabilities and obligations incurred due to the negligence of the Agency, its employees, officers, agents, subcontractors or agencies, or the negligent acts or omissions, breaches of contract of the Agency or its employees, officers, agents subcontractors or agencies. Notwithstanding the foregoing, no personal liability shall be imposed on the individual officers of the Agency, but the Agency alone. 17. The Agency hereby certifies and assures the City that in the performance of this agreement it will be cognizant of, comply with, and enforce the provisions of the Housing and Community Development Act of 1974, as amended (PL 93-383), and the rules and regulations of the U. S. Department of Housing and Urban Development, as amended, made pursuant thereto, including, but not limited to, those published in Title 24 of the Code of Federal Regulations. The Agency further certifies and assures the City that it will be cognizant of, comply with and enforce where applicable and to the extent required by law all other applicable Federal or State statutes, local ordinances, rules or regulations or department procedures or directives of the U. S. Department of Housing and Urban Development. 18. It is understood and agreed that the Urban Renewal Agency shall not deny benefits to or discriminate against any person on the basis of race, color, religion, age, sex or national origin in the performance of any activities funded under this agreement. 19. This agreement may be terminated by any one of the following: A. If through any cause the Agency shall fail to fulfill in timely and proper manner its obligations under this agreement or if the Agency shall violate any of the covenants, agreements or stipulations of this agreement, the City shall thereupon give written notice of such violations to the Agency. Within twenty (20) days after such notice, the Agency shall inform the City in writing of corrective actions taken. The Agency shall use due diligence to correct any and all violations and in the event the violations are not corrected with a reasonable time under the circumstances the City will give notice to the Agency to appear before the City Council in open session to show cause why this agreement should not be terminated. Upon hearing discussion and argument on the matter, the City Council shall either continue the agree- ment in full force or terminate the agreement. 393 B. This agreement shall at all times be subject to any cor- rective actions taken or directives issued by HUD in relation to the City, and the Agency shall comply with any such communications received by City from HUD, including termination of this agreement. 20. Any notice or notices required or permitted to be given pursuant to this agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the following: Community Development Coordinator, City of Lubbock; Executive Director, Urban Renewal Agency of the City of Lubbock. 21. The Agency represents that it has or will secure at its own expense all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with the City. All personnel having financial management or the management of money as a part of their duties and who perform services under this agreement shall be bonded. No person who is serving a sentence in a penal or correctional institution shall be employed or work under this agreement. 22. The Agency agrees to comply with Section 3 of the Housing and Urban Development Act of 1968 as amended, 12 USC 1701u, and Section 202 of Executive Order 11246, a copy of each such sections -being attached hereto, marked Part II -Terms and Conditions (pages 2 through 5), and by reference made a part hereof for all particulars as though fully set out herein. 23. None of the services covered by this agreement shall be subcontracted without the prior written consent of the City. The Agency shall be fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by it. 24. The Agency shall not assign any interest in this agreement and shall not transfer any interest in the same whether by assignment or novation without the prior written approval of the City; pro- vided however that claims for money due or to become due to the Agency from the City under this agreement may be assigned to a bank, trust compmany or other financial institution or to a trustee in bankruptcy without such approval. Notice of such assignment or transfer shall be furnished to the City immediately. 25. No members of the City Council of the City and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the carrying out of the pro- ject to which this agreement pertains shall have any personal interest, direct or indirect, in this agreement or the proceeds thereof. 26. No member of the City Council of the City of Lubbock and no other public official of the locality who exercises any functions or responsibilities in the review and approval of the carrying out of the project to which this agreement pertains shall have any personal interest, direct or indirect in this agreement or the proceeds thereof. 27. No member of or delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise herefrom. 28. The Agency covenants and agrees that it presently has no interest and shall not acquire any interest, direct or indirect, in the above described project area, or any parcels therein, or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The Agency further covenants that in the performance of this agreement no person having any such interest shall be employed. 29. Regardless of the date of execution hereof, this agreement shall become effective on the lst day of June, 1981 and shall terminate upon completion of the designated projects and activities or as provided in paragraph 17 above, whichever first occurs. 30. The Agency agrees to be and is hereby bound in the execution of this Agreement by the requirements and provisions as set forth in Part II - Terms and Conditions, Funding Agreement, Community Development Block Grant Program. 394 JUN -18 1981 31. This agreement constitutes and expresses the entire agreement betwe the parties hereto and shall not be amended or modified except by written instrument signed by both parties. IN WITNESS WHEREOF, the City and the Agency have executed this agreement as of the first day above written. CITY OF LUBBOCK / S / Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga -____ -____ ---_____ - Evelyn Gaffga, City Secretary -Treasurer APPROVED: /S/ Vicki Covey - — ---- — ------------ Vicki Covey, Community Development Coordinator APPROVED AS TO FORM: ISI Susan M. Horton Susan M. Horton, Assistant City Attorney URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS / S / George H. Nelson CHAIRMAN, BOARD OF COMMISSIONERS ATTEST: ISI H.O. Alderson ---------------------- H. 0. Alderson, Secretary URBAN RENEWAL AGENCY CD YEAR COMMUNITY DEVELOPMENT ACTIVITY BUDGET 7 LINE NUMBER PROGRAM ACTIVITY 1. Acquisition of Real Property 2. Disposition 3. Public Facilities & Improvements i. Street Improvements j. Water & Sewer Facilities 4. Clearance Activities 5. Public Services 6. Interim Assistance 7. Completion of Previously Approved Urban Renewal Projects 8. Relocation Payments & Assistance 9. Payments for Loss of Rental Income 10. Removal of Architectural Barriers 11. Specially Authorized Assistance to Privately Owned Utilities 12. Rehabilitation & Preservation Activities c. Rehabilitation of Private Properties 15. SUBTOTAL 16. Planning 17. General Administration 18. Contingencies 19. TOTAL URBAN RENEWAL PROGRAM COSTS ORIGINAL X BUDGE NO. AMENDMENT __ 1 APPROVED BUDGI $328,100 78,543 50,443 546,500 561,500 284,914 $1,850,000 395 7�7 "EXHIBIT C" AREA BUDGET AND WORK PROGRAM AREA 7E (Arnett -Benson) ----------------------- Estimated Work Program Approved 1. Acquisition 11 parcels 2. Relocation 12 owner -occupants 3. Rehabilitation* 4. Site Improvements 4' wide sidewalk 3400 L.F. 5. Demolition 12 parcels AREA 17C (Phyllis Wheatley) -- Estimated Work Program 1. Acquisition 7 parcels 2. Relocation 7 owner -occupants 3. Demolition 7 parcels AREA 20C (Meadowbrook Villa) ----------------------------- Estimated Work Program 1. Rehabilitation* 2. Site Improvements 4' wide sidewalk 3800 L.F. AREA 27C (Posey) Estimated Work Program 1. Acquisition 2. Relocation 3. Rehabilitation* 4. Demolition 7 parcels 7 owner -occupants 7 parcels A��roved Budget - $580,417.00 286,438.00 44,612.00 292,498.00 AREA 7 (Arnett Benson) 20 (Meadowbrook Villa) 25 (Bozeman-Elliston) 26 (Bean), 27 (.Posey) and 29 (Stubbs) Estimated Work Program 1. Rehabilitation 65 units 646,035.00 *Note the above 65 units will be allocated according to need and demand in all of the areas except Phyllis Wheatley which is total clearance. TOTAL -------------------- $1,850,000.00 PART II - TERMS AND CONDITIONS FUNDING AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Upon execution of the Funding Agreement of which this Part II - Terms and Conditions is a part, the City of Lubbock through its Community Development Department agrees to provide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 1974 (P.L. 93-383) as authorized by the Funding Approval identified therein, subject to the terms and conditions of this Funding Agreement, applicable law, regulations and all other requirements of the Department of Housing and Urban Development (HUD) now or hereafter in effect. The Funding Agreement is effective with respect to such assistance as of the date the Funding Agreement is executed and is subject to the HUD Community Development Block Grant Regulations at 24 CFR Part 570 and the following General Terms and Conditions: 1. Definitions: Except to the extent modified or supplemented by this Funding Agreement, any term defined in Title I of the Housing and Community Development Block Grant Regulations at 24 CFR Part 570, shall have the same meaning when used herein. (a) Agreement means this Funding Agreement, as described above and any amendments or supplements thereto. (b) City means the City of Lubbock, Texas. (,c) Grantee means any City Department or division, the Urban Renewal Agency, or any other department or agency which is designated by the City to receive Community Development Block Grant funds for the purpose of carrying out the Community Development Program. 396 JUN 18 1981 (�d) Assurances, when capitalized, means the certifications and assurances submitted with grant applications pursuant to the requirements of 24 CFR Part 570. (e) Assistance provided under this Agreement means the grants and any loans secured by loan guarantees provided under this Agreement. (f) Program means the Community Development program, project, or other activities, including the administration thereof, with respect to which assistance is being provided under this Agree- ment. 2. "Section 3" Comp liance i _n� h Provision of Training EmploymentL ......... and Business Opportunities: This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the Funding Approval. The Grantee agrees that it shall be bound by, and shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or in part with assistance provided under this Agreement, the Section 3 clause set forth below: TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND LOWER INCOME PERSONS IN CONNECTION WITH ASSISTED PROJECT. A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12. U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connec- tion with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, (published in 38 Federal Register 29220, October 23, 1973), all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will develop and implement an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; and making of a good faith effort, as defined by the regulations, to provide training, employment, and business opportunities re- quired by Section 3 of the Housing and Urban Development Act of 1968. D. The contractor will send to each labor organization or represent- ative of workers with which he has a collective bargaining agree- ment or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. E. The contractor will include this Section 3 clause in every sub- contract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal fi- nancial assistance, take appropriate action pursuant to the sub- contract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Develop- ment, 24 CFR 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. F. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contracto s 397 L and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. The Grantee shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts required to contain the above Section 3 clause. 3. Flood Disaster Protection: The agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this Agreement is approved for acquisition or construction purposes. , as defined under Section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended 42 U.S.C. 4001 et seq., provisions obligating the transf and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 4. Equal EmpjRym Opportunity: �n 221_ (a) Activities and contracts not__subje.cjt_to Executive Order JLqA§._as amended. In carrying out the program, the Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Grantee shall take affirmative action to insure that applicants for employment are employe and the employees are treated during their employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship— The Grantee shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The Grantee shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Grantee shall incorporate the foregoing requirements of this paragraph (a) in all of its contracts for program work, except contracts governed by paragraph (b) of this section, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. (b) Contracts subject to Executive Order 11246, as amended. Such contracts shall be subject to HUD T_qu­a­l —Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD assisted construction contracts. The Grantee shall cause or require to be inserted in full in any nonexempt contract and subcontract for construction work, or modification thereof, as defined in said regula which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated 'during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, in- cluding apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment,,notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consider for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. tic (4) The contractor will comply with all provisions to Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. M IRMIMM, . I (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the City and by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimi nation clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Departme may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. The Grantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; provided, that if the Grantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Grantee agrees that it will assist and cooperate actively with the City, HUD, and the Secretary of Labor in obtaining the compliance of contractor and subcontractors with the equal opportunity clause and the rules, regulation and relevant orders of the Secretary of Labor; that it will furnish the City, HUD, and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist the City and HUD in the discharge of HUD's primary responsibility for securing compliance. The Grantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrab eligibility for, Government contracts and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Sub-Part�D of the executive order. In addition, the Grantee agrees that if it fails or refuses to comply with these undertaking the City or the Department of Housing and Urban Development may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistanc( to the Grantee under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Grantee; and refer the case to the Department of Justice for appropriate legal proceedings. 5. Lead -Based Paint Hazards: The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead -Based Paint regulations, 24 CFR Part 35. Any grants or loans made through the Grantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead -based paint -hazards under subpart B of said regulatio and the Grantee shall be responsible for the inspections and certificates required under Section 35.14(f) thereof. 6. Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Pro- tection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. In compliance with said regulations, the Grantee shall cause or require to be inserted in full in all contracts and subcontracts with respect to 399 any nonexempt transaction thereunder funded with assistance provided under the Agreement, the following requirements: (l) A stipulation by the contractor or subcontractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraphs (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the Government may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c) (1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act. 7. Federal Labor Standards Provisions: Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Grantee and all contractors engaged under contracts in excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wages rates higher than those required under such regulatic are imposed by state or local law, nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for contracts in excess of $10,000, 29 CFR 5a.3. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 8. Nondiscrimination Under Title VI of the Civil _Rights (�L of 19 6 4: _A -------- This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part I. In the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the City and the United States are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 9. Obligations Grantee with Respect to Certain Third Party Relationsj!iR.s�: The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under lawful requirements of the City necessary to insure that the program with respect to which assistance is being provided under this Agreement to the Grantee is carried out in accordance with the City's Assurances and certificates including those with respect to the assumption of environmental responsibilities of the City under Section 104(h) of the Housing and Community Development Act of 1974. 10. Interest of Certain Federal Officials: 7-7 No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit 'J to arise from the same. 11. Interest of Members, Officers, or Employees of City, Members of Local GoverningBodes,Other Public Officials: No member, officer, or employee of the City, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise any functions or responsibilitiE with respect to the program during his tenure or for one year thereafter; shall have any 400 interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to be incorpora in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 12. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of applications for additional assistance, or any other approval or concurrenc of HUD required under this Agreement, Title I of the,Housing and Community Development Act of 1974 or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. I *NOTE: Exhibit A, site locations for Areas 7E, 17C, 20,22,25,26,27C and 29, is attached and filed with original Resolution No. 822. 81-40-400-570 Consider a resolution adopting the 1981-82 CD Citizen Participation Plan. (21) ---------- Resolution No. 823 At the 8:30 a.m. Work Session, the Council was apprised that the proposed Participation Plan is for the purpose to inform citizens of the Community Development program and the ways in which they can become involved. To study the Plan, the CDAC established a sub -committee who in turn identified three areas of weaknesses in the citizens participation process: (1) low neighborhood groups comprised of low -to -moderate income persons were not well informed about the CD program or the way to become involved; (2) the CDAC should be more involved in the neighborhood planning meetings and the size of the CDAC being cumbersome made participation awkward; and (3) the planning and development process should be redesigned to reduce the effects of special interest groups. In essence, the sub -committee felt that education and communication between the CDAC and the neighborhood was one of the vital emphasis to be considered for future programming. Likewise, the sub -committee felt that more representa tion of the people would benefit the program and recommended the CDAC committe be restructured to be more representative of the citizens; that the ex- officio representatives of Boards and Commissions be retained without voting privileges and also recommended the removal of representatives from the Airport Board and the BCD. CDAC was not in agreement with the sub -committee who recommended the following composition to the CDAC: I 1. The Chairman be appointed by the Mayor; 2. Representatives from the following Boards serve in an ex-officio manner with voting privileges. (Planning and Zoning, Urban Renewal Community Services, Housing Authority, Human Relations, Parks and Recreation; 3. The Sector Representatives be increased to three representatives from Sectors 1, 2 and 3, and two representatives each from Sector 4, 5 and 6; 4. Representative for the Handicapped; 5. Representative for the Elderly. This increases the composition by one member; it deletes the representatives from the Airport Board and the BCD, and it increases the representative Sectors 1, 2 and 3 by one member each. It was the CONSENSUS of the Council when this matter was discussed at the 8:30 a.m. Work Session that the Board would be too cumbersome with the proposed composition, and preferred leaving the representatives from all Sectors, I -VI to two representatives each. The Council also felt that it was important to have a representative from the BCD, but was in favor of substituting the representative from the Water Resources Board for the Airport Board, in addition to the other Boards remaining on the Commission. All of the referenced Boards and Commissions are recipients of the Community Developments Funds. 401 JUN ib 1981 77, At the Regular Meeting, the motion was made by Mayor Pro Tem Henry, seconded by Councilwomar Baker to adopt the Citizen Participation Plan as submitted, with the following modification regarding the composition of the Community Development Advisory Commission (CDAC), as follows: 1. The Chairman is to be appointed by the Mayor; 2. There will be representatives from the following Boards and Commissions; Planning & Zoning, Urban Renewal, Community Services, Housing AuthorityI Human Relations, Parks & Recreation, and Water Resources Board, as',,well as the BCD, all having voting rights; 3. The Sector Representatives will consist of two representatives from each Sector I -VI; 4. Representative of the Handicapped; 5. Representative of the Elderly. Motion carried: Mayor'McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (Note: The Airport Board requested to be relieved from membership on this commission for the reason that they are not eligible for Community Development monies; the Water Resources Board will be represented in lieu of the Airport Board.) AA:pc RESOLUTION NO. 823 A RESOLUTION ADOPTING THE 1981-82 CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, Citizen participation has continually been an important and worthwhile part of the development of the Community; and WHEREAS, Citizens should continually be given opportunities to decide and make their community needs and problems; and WHEREAS, Citizens should be informed of Municipal, State and Federal Programs which affect the quality of their City and neighborhoods, and should be involved in the decision - making process; and WHEREAS, the City of Lubbock as a recipient of Community Development Block Grant Funds is required to prepare a written Citizen Participation Plan which meets the requiremer, of 24 CFR 570.303; and WHEREAS, the Citizen Participation Plan has been approved and recommended by the Community Development Advisory Committee of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the 1981-82 Community Development Citizen Participation Plan, which is attached hereto and made a part hereof, BE and is hereby approved and adopted as policy and proced of the City of Lubbock. THAT the Community Development Advisory Committee is to be composed of the Chairman of the Community Development Advisory Committee, who shall be appointed by the Mayor and the City Council, who shall also appoint twelve (12) citizens representing six (6) City Sectors, two (2) citizens per sector. In addition to these members, a representative of the elderly and a representative of the handicapped shall be appointed by the City Council. The Chairmen of the following City Boards and Commissions shall also serve as members: Planning and Zoning Commission, Parks and Recreation Board, Urban Renewal Board of Commissic Human Relations Commission, Lubbock Housing Authority Board of Commissioners, Board of City Development, Community Services Commission, and the Water Resources Board. The Committee shall adopt rules and procedures necessary to conduct business, including the creation of sub -committees. Passed by the City Council this /S/ Evelyn Gaffga 18th ___ day of June 1981. /S/ Bill McAlister BILL McALISTER, MAYOR Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Richard Mays Richard Mays, Community Development Coordinator APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Assistant City Attorney *NOTE: 1981-82 Community Development Citizen Participation Plan is attached and filed 402 81-40-402-571 Consider a resolution authorizing Llj_e� Mayor t_o_execute a lease agreement with (22) Protective Services, Inc. for the Shelter for Battered Persons. Resolution No. 824 The renovation of the triplex acquired as an emergency shelter will be completed by mid -June. A lease agreement with the Board of Directors for the Women's Protective Services, Inc. is now necessary. The lease places all responsibilities for property repair, maintenance, grounds upkeep, insuran utilities, with the Protective Services; the levels of public liability insurance has been approved by the City Attorney; the lease includes a provisi for termination if there are continued public disturbances or hazards to public safety; the term of the lease is ten years, the amount of the rent to be determined annually using the formula: total investment of CDBG 25 years = annual rent value ($2,900). The annual rent value is reduced by the contributions provided by the Women's Protective Services, their contribution currently being $3,423 as itemized in "Schedule A" of the lease; therefore, no rent will be required for the current year. The motion was made by Councilman Brown, seconded Councilwoman Baker to pass Resolution No. 824 authorizing the lease agreement with Women's Protective Services, Inc. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Counc Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. mom RESOLUTION NO. 824 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a lease agreement between the City of Lubbock and Women's Protective Services, Inc., 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 18th ---day of----- June /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: S1 Evelyn Gaffga -------- --------------- Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Vicki C2�Lev ... . ................ . ... Vicki Covey, Community Development Coordinator /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney LEASE AGREEMENT BETWEEN THE CITY OF LUBBOCK AND WOMEN'S PROTECTIVE SERVICES, INC. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK This agreement entered into this day between the City of Lubbock, a home rule municipal corporation as Lessor and the Women's Protective Services, Inc. as Lessee. WITNESSETH: WHEREAS, the City of Lubbock and the Women's Protective Services, Inc. heretofore entered into a funding agreement covering the providing of an emergency shelter for victims of domestic violence within the City of Lubbock as agreed to by the parties the facilities for such services has been funded by a grant from the Department of Housing and Urban Development; and sr 403 WHEREAS, the services offered by Lessee are a do hereby enter into an agreement whereby the City Protective Services, Inc. such facilities for the upon herein: M valuable public service, the parties of Lubbock leases to the Women's providing of said services as agreed The Lessor acting by and through its duly authorized officers does hereby lease unto the Lessee, the premises situated at 2017 7th Street. Such lease is granted upon the terms and conditions which follow. MM 1. The term of this lease shall be for a period of ten (10) years from the date of execution of this agreement. 2. This lease may be extended beyond the primary term from year to year upon mutual agreement of the parties hereto. 3. In consideration of the execution of this lease the Lessee agrees to pay to Lessor the sum of $2,900.00 dollars per year for the term of this agreement less the value of contributions by the Lessee as describe in Schedule A, attached and other valuable consideration to -wit: providing emergency shelter and services to victims of domestic violence for the citizens of Lubbock; maintaining, upieeping and insuring said property. Payment for the first year to be made upon execution of this agreement and a like payment to be paid each year thereafter. Payment should be made to the Community Development Coordinator. 4. This lease is granted for the purpose of an emergency shelter for victims of domestic violence. This lease will be terminated upon the property being used for other purposes.Lessee shall report annually to the Community Development Office proof that property is being used for stated purposes, in a manner to be determined by Community Development Office. 5. The Lessee agrees that it will adequately insure and pay the premiums on policies of insurance against fire, hail, windstorm, explosion and other hazards on said improvement., with loss payable to the Lessor. In this event the Lessee will make all necessary repairs and replacements to the improvements on such leased premises except structural repairs which shall be made by the Lessor. Lessee will carry and maintain Public Liability insurance in companies licensed to do business in the State of Texas for the protection of the City of Lubbock and naming it as an additional insured insuring against all claims, losses, costs or expense arising out of injuries to persons whether or not employed by the Lessee, damage to property whether resulting from acts or omissions, negligence or otherwise of the Lessee or any of its agents, employees, patrons or other persons, and growing out of the use of the said premises by Lessee, such policies to provide for a liability limit on account of each accident resulting in a bodily injury or death to one person of not less than Five Hundred Thousand Dollars ($500,000.00) and a liability limit of not less than One Hundred Thousand Dollars ($100,000.00) for each accident for property damage. Lessee shall furnish evidence to the City of Lubbock of continuance in force of said policies and said policies shall be so worded as to insure ten (10) days notice of cancellation or any modification of such policy to the City of Lubbock. Said policies shall be subject to the approval of the City of Lubbock. 6. The Lessee at its own cost and expense agrees to take good care of said property and fixtures, keeping and maintaining it in good repair during the term of this lease and shall suffer no waste and make no improvements in and to the demised premises without the consent of the Lessor in writing. Such improvements to become the property of the Lessor. Lessee shall be responsible for maintenance of the landscaping on said property. 7. The Lessee shall comply with all ordinances of the City of Lubbock and laws of the State of Texas applicable to said premises and all orders and requirements imposed by the departments of Health, Zoning and Environmental Control, Sanitation, Police and Fire of the City, County and State. The Lessor may terminate this lease in the event there are continued public disturbances or a determination by the Lessor that the operation of the Emergency Shelter has become a threat to public health and safety. 8. The Lessee shall not assign or sublet the premises or any part thereof without the consent of the Lessor in writing or to permit any other person or organization to occupy any premises other than the Lessee. 9. In the event the leased premises shall be destroyed by fire, windstorm or the act of God or a public enemy or shall be so damaged by any of such causes as to be unfit for occupancy the Lessee shall forthwith give notice to the Lessor and the rent payable hereunder shall abate for the period of time beginning on the date such premises are unfit for occupancy and ending when said premises have been restored to habitable condition provided, however, that should only a portion of the premises be rendered unfit for occupancy, the abatement of rent shall be proportionate on the basis of the proportion of the number of square feet rendered unfit for use to the total number of square feet in the premises above described; provided further that the Lessor may, at its election, in the event of substantial damage or destruction terminate this lease without repairing or replacing the improvements so damaged or destroyed in which event the Lessee shall not be under any liability for the payment of rental for any period of time subsequent to the date upon which such damage or destruction occured and the rent shall be prorated for the particular year in which the destruction occured. 404 JUN 18 1991 10. The Lesso r shall not be liable to the Lessee or to the Lessee's employees, patrons or visitors for any damage by reason of the construction of said building and the Lessee accepts such premises as suitable for the purposes for which the same are leased and agrees to hold the Lessor harmless from all claims for any damage, to any person or property in or upon said property. 11. In the event the Lessor desires to terminate this agreement at the end of the primary term or any extension thereof, notice shall be given by the Lessor to the Lessee at its place of business in writing stating that the lease is to be terminated 30 days from the date of such notice. Lessee shall within such time, remove its property from the leased premises. 12. Utilities and all costs incurred in the operation of said services are the sole responsibility of the Lessee. 13. Lessee especially covenants and agrees to pay and discharge all reasonable costs, attorney's fees, and expenses that may be incurred by Lessor in enforcing the covenants, agreements, conditions and terms hereof, and all of the same shall be payable to Lessor. Lessor may terminate lease upon the breach of conditions contained in the lease by giving sixty (60) days written notice to the Lessee. EXECUTED this 18th _ day of __June , 1981. CITY OF LUBBOCK /S/ _Bill _McAlister _ BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga---------- -------- -___ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Vicki Covet/ Vicki Covey, Community Development Coordinator APPROVED AS TO FORM: sa_n _M_._H_orto_n Susan M. Horton, Assistant City RAttorney i WOMEN'S PROTECTIVE SERVICES, INC. /S/ William E. Unger President, ATTEST: /S/ Joe Love Secretary, _ SCHEDULE A COMPUTATION OF THE RENT VALUE FOR THE EMERGENCY SHELTER FOR BATTERED PERSONS Annual Rent Value $2,900.1 Total Community Development Investment -_ $72,500 T00 25 years Less: Contributions by Women's Protective Services Inc. $3,423. Electrical Fixtures - $1,500.00 Plumbing Fixtures - $ 600.00 Material and Installation of Fence - $1,323.00 Computation of Rent to be paid from June 18, 1981 to June 17, 1982 -C Balance of Contributions to be applied to 1982-83 Rent $ 523. 405 JUN 1 81-40-405-572 Consider a resolution accepting street paving _Lmp.Kove�(:�IL Kingsgate Addition, Lots 1-26E in (23) A (Kerr Construction Co.) Resolution No. 825 JCR:bs RESOLUTION NO. 825 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Kingsgate Addition, Lots 1 through 268 and Tract "A" made arrangemer with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Kingsgate Addition, Lots 1-268 and Tract "A" including the following streets: 94th Street from its intersection with a line 7' West of the West property line of the alley West of Nashville to its intersection with the West Lip Line of Nashville Avenue known and designated as New Subdivision Sub -Unit Number 39 of Unit Number 2027. Nashville Avenue from its intersection with a line 20.74' North of the North property line of 95th Street to its intersection with a line 19.00' South of South property line of 93rd Street known and designated as New Subdivision Sub -Unit Number 40 of Unit Number 2027. 95th Street from its intersection with a line 95.00' West of the West property line of Nashville Avenue to the East end of Cul-de-Sac at Nashville Avenue known and designated as New Subdivision Sub -Unit Number 41 of Unit Number 2027. 96th Street from its intersection with a line 129.65' West of the West property line of Miami Avenue to its intersection with.a line 7.0' East of the East property line of the alley East of Miami Avenue known and designated as New Subdivision Sub -Unit Number 42 of Unit Number 2027. 95th Street from its intersection with the East Lip Line of Miami Avenue to its intersection with the West Lip Line of Memphis Avenue known and designated as New Subdivision Sub -Unit Number 43 of Unit Number 2027. 94th Place from its intersection with the East Lip Line of Miami Avenue to its intersection with the West Lip Line of Memphis Avenue known and designated as New Subdivision Sub -Unit Number 44 of Unit Number 2027. West 1/2 Memphis Avenue from its intersection with a line 7.0' South of the South property line of the alley South of 95th Street to its intersection with a line 15.0' South of the South property line of 93rd Street known and designated as New Subdivision Sub -Unit Number 45 of Unit Number 2027. Miami Avenue from its intersection with the North Lip Line of 96th Street to its intersection with a line 15.82' South of the South property line of 93rd Street known and designated as New Subdivision Sub -Unit Number 46 of Unit Number 2027. East 1/2 Quaker Avenue (Concrete only) from its intersection with a line 7' North of the North property line of the alley North of 87th Street to its intersection with a line 7' South of the South property line of the alley South of 93rd Street known and designated as New Subdivision Sub -Unit Number 51 of Unit Number 2027. Oxford Avenue from its intersection with a line 7' North of the NPL of the alley North of 87th Street to its intersection with the North Lip Line of 87th Street known and designated as New Subdivision Sub -Unit Number 52 of Unit Number 2027. 87th Street from its intersection with the East Lip Line of Quaker Avenue to its intersection with a line 34.00' E. of the West property line of Memphis Avenue known and designated as New Subdivision Sub -Unit Number 53 of Unit Number 2027. Orlando Avenue from its intersection with the South Lip Line of 87th Street to its intersection with the North Lip Line of 88th Street known and designated as New Subdivision Sub -Unit Number 54 of Unit Number 2027. 88th Street from its intersection with the West Lip Line of Nashville Avenue to the West end of the Cut -de -Sac East of Quaker Avenue known and designated as New Subdivis Sub -Unit Number 55 of Unit Number 2027. Orlando Avenue from its intersection with the South Lip Line of 88th Street to its intersection with the North Lip Line of 88th Place known and designated as New Subdivision Sub -Unit Number 56 of Unit Number 2027. 88th Place from its intersection with the East Lip Line of Quaker Avenue to its intersection with the West Lip Line of Nashville Avenue known and designated as New Subdivision Sub -Unit Number 57 of Unit Number 2027. Orlando Avenue from its intersection with the South Lip Line of 88th Place to its intersection with the North Lip Line of 92nd Street known and designated as New Subdivision Sub -Unit Number 58 of Unit Number 2027. LAW BLUM 89th Street from its intersection with the East Lip Line of Orlando Av to its intersection with the West Lip Line of Nashville Avenue known and designated as New Subdivision Sub -Unit Number 59 of Unit Number 2027. 92nd Street from its intersection with the West Lip Line of Nashville Avenue to the West End of Cul-de-Sac East of Quaker Avenue known and designated as New Subdivision Sub -Unit Number 60 of Unit Number 2027. 89th Street from the West end of the Cul-de-Sac East of Quaker Avenue to the East end of the Cul-de-Sac West of Orlando Avenue known and designated as New Subdivision Sub -Unit Number 61 of Unit Number 2027. Peoria Avenue from its intersection with the South Lip Line of 89th Street to its intersection with the North Lip Line of 92nd Street known and designated as New Subdivision Sub -Unit Number 62 of Unit Number 2027. Orlando Avenue from its intersection with the South Lip Line of 92nd Street to its intersection with the North Lip Line of 93rd Street known and designated as New Subdivision Sub -Unit Number 63 of Unit Number 2027. 93rd Street from its intersection with the East Lip Line of Quaker Avenue to its intersection with the West Lip Line of Nashville Avenue known and designated as New Subdivision Sub -Unit Number 64 of Unit Number 2027. Peoria Avenue from its intersection with the South Lip Line of 93rd Street to its intersection with a line 7' South of the South property line of the alley South of 93rd Street known and designated as New Sub- division Sub -Unit Number 65 of Unit Number 2027. Orlando Avenue from its intersection with the South Lip Line of 93rd Street to its intersection with a line 7' South of the South property line of the alley South of 93rd Street known and designated as New Sub- division Sub -Unit Number 66 of Unit Number 2027. 93rd Street from its intersection with the East Lip Line of Nashville Avenue to its intersection with a line 34.00' East of the West property line of Memphis Avenue known and designated as New Subdivision Sub -Unit Number 67 of Unit Number 2027. Nashville Avenue from its intersection with the South Lip Line of 87th Street to its intersection with a line 15.00' South of the South property line of 93rd Street known and designated as New Subdivision Sub -Unit Number 68 of Unit Number 2027. Drainage Channels at Lake #89 known and designated as New Subdivision Sub -Unit Number 69 of Unit Number 2027. AND WHEREAS, the construction of the above improvements on the above - mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. w That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 18TH DAY OF JUNE, 1981. ATTEST: _LS-L EvIELIXnL Gaffa------------------------ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: J.S / B L l_L McAlister BILL McALISTER, /S/ Don jt_njjings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ John C. Ross. Jr. 407 81-40-407-573 Consider a resolution acceptLr�g street _paviLij& improvements in Shadow Hills Addition, (24) Lots 1-187 and Tracts A and B _(W.- D. Turner Construction Co. Resolution No. 826 JCR:da RESOLUTION NO. 826 .RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW:' WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Shadow Hills Addition Lots 1-187 and Tract A & B, made arrangements with W. D. Turner Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Shadow Hills Addition Lots 1-187 including the following streets: Colgate Street from its intersection with a line 8.00' West of the West property line of North Frankford Avenue to its intersection with a line 15.00, South of the South property line of Cornell Street known and designated as New Subdivision Sub - Unit Number 89 of Unit Number 2026. Cornell Street from its intersection with the East Lip Line of North Fulton Avenue to its intersection with the East end of cul-de-sac West of North Frankford Avenue known and designated as New Subdivision Sub -Unit Number 90 of Unit Number 2026. Dartmouth Street from its intersection with the East Lip Line of North Fulton Avenue to its intersection with a line 8.00' West of the West property line of North Frankford Avenue known and designated as New Subdivision Sub -Unit Number 91 of Unit Number 2026. North Fulton Avenue from its intersection with a line 15.00' South of the South property line of Cornell Street to its intersection with the South Lip Line of Duke Street known and designated as New Subdivision Sub -Unit Number 92 of Unit Number 2026. Duke Street from its intersection with a line 35.00' North of the North property line of Duke Street at North Gardner Avenue to its intersection with the East end of cul-de-sac West of North Frankford Avenue known and designated as New Subdivision Sub -Unit Number 93 of Unit Number 2026. South 1/2 of Erskine Street from its intersection with a line 15.00' West of the West property line of North Hyden Avenue to its intersection with the West Lip Line of North Frankford Avenue known and designated as New Subdivision Sub -Unit Number 94 of Unit Number 2026. Emory Street from its intersection with a line 8.00' West of the West property line of North Frankford Avenue to its intersection with a line 15.00' North of the North property line of Emory Street at North Fulton Avenue known and designated as New Subdivision Sub -Unit Number 95 of Unit Number 2026. North Fulton Avenue from its intersection with the South raw edge of Erskine Street to its intersection with a line 15.00' North of the North property line of Emory Street known and designated as New Subdivision Sub -Unit Number 96 of Unit Number 2026. North Fulton Avenue from its intersection with the North Lip Line of Duke Street to its intersection with the South Lip Line of Emory Street known and designated as New Subdivision Sub -Unit Number 97 of Unit Number 2026. North Gardner Avenue from its intersection with the South raw edge of Erskine Street to its intersection with a line 35.00' North of the North property line of Duke Street at North Gardner Avenue known and designated as New Subdivision Sub - Unit Number 98 of Unit Number 2026. Duke Street from its intersection with the West Lip Line of North Gardner Avenue to its intersection with a line 45.00' North of the North Property Line of Duke Street at North Homestead Avenue known and designated as New Subdivision Sub -Unit Number 99 of Unit Number 2026. North Genoa Avenue from its intersection with the North Lip Line of Duke Street to its intersection with the North end of the cul-de-sac South of Erskine Street known and designated as New Subdivision Sub -Unit Number 01 of Unit Number 2027. North Granby Avenue from its intersection with the North Lip Line of Duke Street to its intersection with the South raw edge of Erskine Street known and designated as New Subdivision Sub -Unit Number 02 of Unit Number 2027. North Grover Avenue from its intersection with the North Lip Line of Duke Street to its intersection with the North end of the cul-de-sac South of Erskine Street known and designated as New Subdivision Sub -Unit Number 03 of Unit Number 2027. M JUN 19 1081 North Homestead Avenue from its intersection with the South raw edge of Erskine Street to its intersection with a line 45.00' North of the North property line of Duke Street known and designated as New Subdivisi Sub -Unit Number 04 of Unit Number 2027. North Huron Avenue from its intersection with the North end of the cul- de-sac South of Erskine Street to its intersection with Duke Street South of the alley North of Duke Street known and designated as New Subdivision Sub -Unit Number 05 of Unit Number 2027. Emory Street from its intersection with the West Lip Line of North Homestead Avenue to its intersection with the East Lip Line of North Huron Avenue known and designated as New Subdivision Sub -Unit Number 06 of Unit Number 2027. Duke Street from its intersection with a line 15.00' East of the East property line of North Hyden Avenue to its intersection with North Huron Avenue South of the alley North of Duke Street known and designate( as New Subdivision Sub -Unit Number 07 of Unit Number 2027. North Hyden Avenue from its intersection with the South raw edge of Erskine Street to its intersection with a line 15.00' East of the East property line of North Hyden Avenue at Duke Street known and designated as New Subdivision Sub -Unit Number 08 of Unit Number 2027. AND WHEREAS, the construction of the above improvements on the abovementi streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 18th DAY OF June , 1981. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Ga f f ga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Je_nLrjjrjg_s Don Jennings, City Engineer APPROVED AS TO FORM: / S / John C. _Ross , Jr. John C. Ross, Jr., City Attorney r4j 409 INIGUM-11 81-40-409-574 Consider a resolution accep 1 street laving j- �p in �ge Lc!�Lrj�r Club L��a _ _ jj _� _ _ --- __y (25) Estates Addition, Lots 131-160,.163-219 and 222-227. Resolution No. 827 JCR:bs RESOLUTION NO. 827 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Lakeridge Country Club Estates Lots 131-160, 163-219, and 222- 227 made arrangements with W. D. Turner Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above mentioned addition including the following streets: 88th Street from its intersection with a line 15 feet East of the East property line of Savannah Avenue to its intersection with the West Lip Line of Salem Avenue known and designated as New Subdivision Sub -Unit Number 63 of Unit Number 2024. 88th Street from its intersection with a line 20.74 feet East of the East property line of Richmond Avenue to its intersection with the East property line of Lot 131 known and designated as New Subdivision Sub -Unit Number 64 of Unit Number 2024. 89th Street from its intersection with a line 15.00 feet East of the East property line of Savannah Avenue to its intersection with the East property line of Lot 222 known and designated as New Subdivision Sub -Unit Number 65 of Unit Number 2024. 88th Place from its intersection with the North Lip Line of 89th Street to its intersection with the East end of Cul-de-Sac known and designated as New Subdivision Sub -Unit Number 66 of Unit Number 2024. Salem Avenue from its intersection with the South Lip Line of 89th Street to its intersection with a line 7.00 feet South of the South property line of the alley South of 89th Street known and designated as New Subdivision Sub -Unit Number 67 of Unit Number 2024. Salem Avenue from its intersection with a line 7.00 feet North of the North property line of the alley North of 88th Street to its intersection with the North Lip Line of 89th Street known and designated as New Subdivision Sub -Unit Number 68 of Unit Number 2024. Richmond Avenue from its intersection with the North Lip Line of 89th Street to its intersection with a line 20.74 feet East of the East property line of Richmond Avenue known and designated as New Subdivision Sub -Unit Number 69 of Unit Number 2024. Quinton Avenue from its intersection with a line 7.00 feet North of the North property line of the alley North of 88th Street to its intersection with the North Lip Line of 88th Street known and designated as New Subdivision Sub -Unit Number 70 of Unit Number 2024. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. M That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and.to release escrow money. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 18TH DAY OF JUNE, 1981. ATTEST: I -EL -Bill McAlister ___ — ---______-- BILL McALISTER, MAYOR - --------- Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: -15J Don Jennings __-----_-------------- Don Jennings, City Engineer APPROVED AS TO FORM: 410 JUN 14 1931 81-40-410paving improvements in -575 Consider a resolution accepting street :�� -L_ ridge (26) Country Club Estates Additions, Lots 130, 161, 162, 220, 221 and 228. Resolution No. 828 RESOLUTION NO. 828 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Lakeridge Country Club Estates, Lots 130, 161, 162, 220, 221, and 228 made arrangements with W. D. Turner Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the abovementioned addition including the following streets: 88th Street from its intersection with the West property line of Lot 130 to its intersection with the West Lip Line of Quaker Avenue known and designated as New Subdivision Sub -Unit Number 90 of Unit Number 2027. 89th Street from its intersection with the West property line of Lot 221 to its intersection with the West Lip Line of Quaker Avenue known and designated as New Subdivision Sub -Unit Number 91 of Unit Number 2027. AND WHEREAS, the construction of the above improvements on the abovemen streets were performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. up That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 18th DAY OF June , 1981. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Even Gaffga ---------- Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings -------- Don Jennings, City Engineer ----- - APPROVED AS TO FORM: /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 411 F"111"11, The above items being of a routine nature, the motion was made by Councilman Brown, seconded by Councilwoman Bakerto pass Resolution Nos. 825, 826, 827 and 828. Motion carried: Mayor McAlister, Mayor Pro Tem, Henry, Councilmen Brown and Aderton and Council Baker votng Yea; none voting Nay. 81-40-411-576 Consider a resolution authorizing the Mayor to execute an Allev Use License in Block 104, (27) OriginalYo�� *Reso 829 amends Resolution No. 829 Reso 786,4/23/81. On April 23, 1981, the Council authorized an Alley Use License to Lubbock National Bank (Resolution No. 786) for expansion of the facility. They now request additional alley use of 20 feet more to the west, and the referenced item grants this request. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 829 granting an Alley Use License t&Lubbock National Bank. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 829 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment of alley use License in favor of Lubbock National Bank of Lubbock, 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 --18th _ day of. ISI EyelyjLGaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: ISI J. Worth Fullingim J. Worth Fullingim, Asst. City Atttorney June / S / Bill McAlister BILL McALISTER, MAYOR AMENDMENT OF ALLEY USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § .1981. Whereas, there was an error in legal description of a portion of alley concerned with an Alley Use License entered into by and between the City of Lubbock and Lubbock National Bank of Lubbock, Texas dated April 23, 1981, and authorized by Resolution No. 786 passed by the City Council of the City of Lubbock on April 23, 1981 of record in Book 40, Page 288, item No. 409 of the minutes of the City Council; and, Whereas it is in the public interest and agreeable to said parties as aforesaid to amend said Alley Use License as hereinafter set forth for the same consideration as contained in said original Alley Use License, and the further consideration of the public interest in correcting the public records of the City of Lubbock in said respects; NOW THEREFORE: That the second paragraph of said Alley Use License which reads as follows: "Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated alley to construct and maintain temporary and miscelle uses in the East half of the East-West Alley in Block 104, Original Town of Lubbock, Lubbock County, Texas." 412 BE AND THE SAME IS HEREBY AMENDED TO READ HEREAFTER AS FOLLOWS: "Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated alley to construct and maintain temporary and miscellaneous uses in a portion of the East- West Alley in Block 104, Original Town of Lubbock, Lubbock County, Texas, described as follows: A portion of the East-West alley in Block 104, said Original Town and more particularly described as follows; BEGINNING at the Southeast corner of Lot 16, Block 104, said Original Town; THENCE, West 145 feet to the Southeast corner of Lot 5, Block 104, said Original Town; THENCE South 15 feet to the Northeast corner of Lot 10, Block 104, said Original Town; THENCE East 145 feet to the Northeast corner of Lot 15, Block 104, said Original Town; THENCE North 15 feet to the point of BEGINNING." Except as hereby amended, said Alley Use License shall remain the same in all other respects, and is hereby ratified and confirmed as being (as hereby amended) in full force and effect. Executed this 18th day of ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer June , 1981. CITY OF LUBBOCK BY­-/S/ Bill McAlister BILL McALISTER, MAYOR AGREED TO AND ACCEPTED this 29th __-day of ------ June ------------- , 1981. LICENSEE: Lubbock National Bank of Lubbock, Texas BY /S/ David Collier David Collier, President APPROVED AS TO FORM: /S/ J. Worth Fullingim ---- — ---_____ J. Worth Fullingim, Asst. City Attorney F.112911TIM"I /S/ Don Jennings Don Jennings, City EniTri�-W ---- — -------- THE STATE OF TEXAS § COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared BILL McALISTER, Mayor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this -24th ---day of - (,Seal) /S/ Olivia R. Solis Notary Public, Lubbock County, Texas _ My Commission expires: 12/5/81 413 71111"1111, 77, 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 DAVID COLLIER, President of Lubbock National Bank of Lubbock, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considerat therein expressed, and in the capacity therein stated as the act and deed of said Bank. GIVEN UNDER MY HAND AND SEAL OF OFFICE this -29th _-day of __ June 1981. ISI Lisa Dannerick Notary Public, Lubbock County, Texas 81-40-413-577 Consider a resolution authorizing the sale of_��jLrpLms SLiLty::Rvn(�d drop t in West Lawn ff (28) Xddp��r� in accordance with law. (northwest corner of 21st Street and Indiana) Resolution No. 830 Several years ago the City purchased Lots 21 and 22, West Lawn Addition, for right-of-way needed to widen Indiana Avenue. There remained 40 feet of unusable land for City purpose. There is now an interested buyer for this remnant. The law provides that the land must first be made available to adjacent property owners, and if they are not interested, then it may be sold at a fair market price. The procedures are: the City must first offer the land for sale, and then receive sealed bids after the appraised value has been established. The property has been appraised at $2.10 per square foot by the City's Tax Appraiser; there is a total footage of 5,350 square feet or an appraised value of $11,235. The property is zoned for single-family residence, subject to change to AM zoning because of the development of other properties in the area. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolu No. 830 offering the above referenced property for sale and authorizing the staff to proceed in accordance with law. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF:pc RESOLUTION NO. 830 WHEREAS, certain property as hereinafter described is hereby determined to be surplus to the needs of the City of Lubbock, and the City Council of the City of Lubbock finds it will be to the public interest to sell such property for its appraised fair market value; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Right of Way Department of the City of Lubbock is hereby authorized to offer for sale in accordance with law at not less than its appraised fair market value the following described property: The West 40 feet of Lot 21, Block 2, West Lawn Addition to the City Lubbock, Lubbock County, Texas. Passed by the City Council this -18th _ day of __ June , 1981. -/S/ Bill McAlister BILL McALISTER, MAYOR /S/ Evelyn Gaffga _______ -______ -____ ----- Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI ToTmT�Nivens VX�CTom Re�, f �j APPROVED AS TO FORM: )r ISI J. Worth Fullingim J. Worth Fullingim, Assistant City 414 .JUN 81-40-414-578 Consider a resolution authorizing the sale of surplus City -owned Property (29) in Block 59,_ Original Town (Lot 15)_ in accordance with law. Resolution No. 831 The above referenced property is located in the 700 Block of Avenue E and was conveyed to the City from Texoma Oil & Refining Company in 1926. The adjacent property owner is Plains Electroplating who is currently using the lot to stack car bumpers. The property owner is now requesting to purchase the lot. In accordance with the law, as stated in the above referenced item, the appraised value of Lot 15, Block 59, Original Town is $720.00. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution No. 831 authorizing the offer for sale of the above referenced lot and authorizing the staff to proceed in accordance with law. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF:pc RESOLUTION NO. 831 WHEREAS, certain property as hereinafter described is hereby determined to be surplus to the needs of the City of Lubbock, and the City Council of the City of Lubbock finds it will be to the public interest to sell such property for its appraised fair market value; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Right of Way Department of the City of Lubbock is hereby authorized to offer for sale in accordance with law at not less than its appraised fair market value the following described property: Lot 15, Block 59, Original Town of the City of Lubbock, Lubbock County, Texas. Passed by the City Council this __18th __ day of _ June 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Ev�fi-r-6a-f-f-g-a-,_ City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right of Way Agent /S/ J. Worth Fullingim ------------------- J. Worth Fullingim, Assistant City Attorney 81-40-414-579 Consider a resolution authorizing the Mayor to execute a Street Use License (30) r use of parkway in Sunny Hill Addition. Resolution No. 832 Mr. Duane H. Young is requesting a Street Use License to provide for a 30- foot planter box in the parkway area at his residence located at 3712-40th Street. The planter box is made from railroad ties and is three feet tall; the proposed cost of the license is $5.00 per year for ten years. Actually, the request resulted from a complaint of a neighbor as to the appearance of the planter box; the request has been reviewed by the staff and there appears to be no problems or violations. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 832 granting a Street Use License to Duane H. Young for the installation of a planter box in the parkway area at 3712 - 40th Street. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 415 7— JWF:cl RESOLUTION NO. 832 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for the City of Lubbock a Street Use License in favor of Duane H. Young, attached herewith, which shall be spread upon the minutes of the City Council, and as spread upon said minutes shall constitute a part hereof for all purposes. SECTION 2. THAT the Licensee in said Street Use License shall pay the sum of $50.00 in advance to the City of Lubbock upon and contemperaneous with the execution of said License as an advance annual fee of $5.00 per year for 10 years, as part of the consideration for the grant of said Street Use License. Passed by the City Council this -18th -- day of ___June /S/ Bill McAlister BILL McALISTER, i�f6i ATTEST: /S/ Ey2_1 n Gaffga Evelyn Gaffga, City Secretary -Treasurer /S/ Don Jennings Don Jennings, City Engineer /S/ J. Worth Fullingim J. Worth Fullingim, Asst. 6!Cj Attorney STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK ,1981. This indenture made this 18th day of June , 1981, between the CITY OF Municipal LUBBOCK, TEXAS, a Home Rule MunicipalCorporation, and Duane__ Young, Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct and maintain a temporary and miscellaneous license according to procedure established by City Council in a Resolution passed on May 25, 1967, Volume 26, Page 173, Minute 494 of the Minutes of said City Council of the City of Lubbock for a 30 running feet planter box not to exceed 3 feet in height from ground level located in the parkway in Lot 11, Block 11, Sunny Hill Addition to the City of Lubbock, Lubbock County, Texas, described as follows: BEGINNING at a point 19 feet and 3 inches West of the Southeast corner of Lot 11, Block 11,- Sunny Hill Addition; THENCE West a distance of 30 feet to a point; THENCE North a distance of 5 feet to a point; THENCE East a distance of 30 feet to a point; THENCE South a distance of 5 feet to the point of beginning. 1. The terms of this grant shall be from year to year not to exceed ten (10) years without renewal by the City Council and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 3712 40th Street, Lubbock, Texas or the last known address of LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the 416 CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of FIFTY AND N01100 ($50.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 4. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchised utility, or sanitary or storm sewer line construct( or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 5. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitte herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfac to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certifie copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. I 7. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph Five (5). 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK By S _L_L Bill McAlister ATTEST: BILL McALISTER, MAYOR LS_l _.EvelyjL_2af f Evelyn Gaffga, City Secretary -Treasurer AGREED TO AND ACCEPTED this-- 26th ---day of---- June ---------- — — ------ 1981. LICENSEE: DUANE H. YOUNG .1ory APPROVED AS TO CONTENT: BY_/�_.Duane )LqtLng ........ DUANE H. YOUNG S / Don Don Jennings, City Engineer 417 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared BILL McALISTER, Mayor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd -- day of __-- June 1981. ISI Olivia R. Solis Notary Public, Lu�To-CV­County, -­T`ex­s 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 DUANE H. YOUNG, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this -26th- day of ___ June ----------- 9 ISI Buddy G. Rogers Notary Public, Lubbock --- County, s- 81-40-417-580 Consider a resolution authorizing the May or to execute an amendment to Contract #19205682 (31) with the Texas Department of Community Affairs. *Reso 833 amends Resolution No. 833 Reso 735, 2/26/81. The City has been notified of additional funding for the weatherization program to the total sum of $24,000, which is an increase of $9,000. The original contract with the 01 IV TCDA is from February 1, 1981 to December 31, 1981; the proposed amendment would be q3q effective May 1, 1981. The requirement of the funding is for the City to weatherize a minimum of 22 houses. To date, a total of 46 houses have been weatherized for the reason that the total minimum allocation per residence is not required on most requests and, therefore, additional housing can be serviced. The Community Services Commission has approved the request. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution No. 833 authorizing the amendment to Contract #19205682 with TDCA. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:bs RESOLUTION NO. 833 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to a Contract with Texas Department of Community Affairs, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this-- 18th _ day of--_----- June /S/ Bill McAlister BILL McALISTER, ATTEST: /S/ Eve,lynLGaLfR,.......... . ........ .... Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: 1-S/ Eliseo Solis Eliseo Solis, Community Services Director /S/ Donald G. Vandiver M. 81-40-418-581 Consider designation of City Health Officer. (32) At the 8:30 a.m. Work Session, the Council was apprised that in accordance with law, the City is mandated to designate a City Health Officer regardless of the population. It has been customary for the City of Lubbock to designat the City Health Director as the City Health Officer inasmuch as our Health Department functions as a separate entity from the central administration. Upon the resignation of Dr. Marjorie Orr, it becomes necessary to appoint an interim Health Officer. Dr. J. D. Donaldson, Jr., a local Pediatrician, has been designated as the City Health Officer for the interim period and Mr. Doug Goodman will serve as the Interim Health Administrator. These appointments will become effecti June 20, 1981. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve the designation of Dr. J. D. Donaldson, Jr. as Interim City Health Officer and Mr. Doug Goodman as Interim Health Administrator. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 3 � _• �' 290114000 CITY HEALTH OFFICER I BILL McALISTER ------------ do hereby certify that on — 18th day of -_ June 81 -, — J.- D.- DONALDSON, JR., --M.D., was duly appointed the City Health Officer of -Lubbock , Texas, and his term shall begin on June 20 19 81 and end on 19. unless said officer is removed by law. SIGNED /S/ Bill McAlister TITLE Mayor Attest: /S/ Evelyn GaffRa Evelyn Gaffga City Secretary -Treasurer THE STATE OF TEXAS OATH OF OFFICE I, J. D. Donaldson, Jr., M.D. --do solemnly swear (or affirm), that I will faithfully execute the duties of the office of__HEALTHOFFICER CITY OF LUBBOCK, TEXAS and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State; and I further more solemnly swear (or affirm), that I 419 Have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment. So help me God. S/ J. D. Donaldson, M.D. Health 6-cfl-�r P.O. Box 2000 Lubbock, Texas 79457 Mailing Address 2602 Avenue Q Lubbock, Texas 79405 Residence Address SWORN TO and Subscribed before me this 16th -- day of ------ June , 19 81. (Seal) S E. Gaffga Commission: 9-30-84 Notary Public, Lubbock __----County, Texas. 81-40-419-582 Consider a resolution authorizing the Mayor to execute a Release of Sewer Pro Rata (33) Lien to: (a) Franklin D.Greaves and wife, Delores Greaves. Resolution No. 834 SMH: b s RESOLUTION NO. 834 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 Sewer Pro Rata Lien Release in favor of Franklin D. Greaves and Delores Greaves, 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--18th _-day of-- ____ June ---------- 1981. /S/ Bill McAlister BILL McALISTER, iAf6�i� ATTEST:. /S/ Evelyn Gaffga i ------ — ------------- Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Charles Northington — ---------- Charles Northington, Chief Accountant - -- APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Asst. City Attorney THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK WHEREAS, on the 19th day of January, A.D., 1978, Franklin D. Greaves and Delores Greaves of the County of Lubbock, State of Texas, did execute, acknowledge and deliver to the City of Lubbock, Texas a certain contractual agreement and lien upon and against certain real property and improvements, if any, thereon for sewer pro rata described as follows, to -wit: 420 cam Lot 3, Block 4, Holmes Addition to the City of Lubbock, Lubbock County, Texas. Which said agreement and lien of record is of record in Volume 168, on page 555, of the Mechanics Lien Records of Lubbock County, Texas, to which instr reference is here made; and WHEREAS, said debt, lien and obligations secured thereby have been fully paid off and satisfied to the said City of Lubbock, Texas, the legal and equitable holder and owner of such debt, obligation and lien: In consideration of the premises, of the payment of such debt and obli- gations, and other good and valuable cash consideration, the receipt of which is hereby acknowledged, the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, has this day, and do by these presents, RELEASE, DISCHARGE, and QUITCLAIM unto the said Franklin D. Greaves and Delores Greaves and their heirs (successors) and assigns, the contractual lien heretofore existing upon the above described premises under and by virtue of the above described instrument, and declare such lien fully release and cancelled. EXECUTED this ATTEST: 18 th _ day of ____ June /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary - Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK , 19 81 THE CITY OF LUBBOCK, TEXAS BY: /S/ Bill McAlister ISI Susan M. Horton Susan M. Horton Assistant City Attorney ISI Charles Northington Charles Northington Chief Accountant BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock 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 for the purposes and consideratioi therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 23rd_ day of __June 19 81 /S/ Olivia R. Solis Notary Public, Lubbock County, Texas My commission expires--12/5/81 (.b) Lee Keesee and wife, Bertie Keesee Resolution No. 835 SMH:bs RESOLUTION NO. 835 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 Sewer Pro Rata Lien Release in favor of Lee Keesee and Bertie Keesee, 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 it 421 ! 0. if fully copied herein in detail. Passed by the City Council this 18th_ day of June / S / Bill McAlister BILL McALISTER, MAYOR ATTEST: / S / Eve�lyn__G_aftga .......... Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Charles Northington Charles Northington, Chief Accountant APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Asst. City Attorney THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK WHEREAS, on the 8th day of April, A.D., 1968, Lee Keesee and Bertie Keesee of the County of Lubbock, State of Texas, did execute, acknowledge and deliver to the City of Lubbock, Texas a certain contractual agreement and lien upon and against certain real property and improvements, if any, thereon for sewer pro rata described as follows, to - wit: Lot 29, Canyon Addition to the City of Lubbock, Lubbock County, Texas Which said agreement and lien of record is of record in Volume 139, on page 683, of the Mechanics Lien Records of Lubbock County, Texas, to which instrument reference is here made; and WHEREAS, said debt, lien and obligations secured thereby have been fully paid off and satisfied to the said City of Lubbock, Texas, the legal and equitable holder and owner of such debt, obligation and lien: NOW THEREFORE: In consideration of the premises, of the payment of such debt and obligations, and other good and valuable cash consideration, the receipt of which is hereby acknowledged, the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, has this day, and do by these presents, RELEASE, DISCHARGE, and QUITCLAIM unto the said Lee Keesee and Bertie Keesee and their heirs (successors) and assigns, the contractual lien heretofore existing upon the above described premises under and by virtue of the above described instrument, and declare such lien fully released and cancelled. EXECUTED this 18th __ day of FVIV 0 a /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary - Treasurer June , 1981 THE CITY OF LUBBOCK, TEXAS BY: _/S/ Bill McAlister Mayor APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton Assistant City Attorney FA a ISI Charles Northington ------- — -- Charles Northington Chief Accountant 422 JUN Is �9s� THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock 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 for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _23rd day of __-June 19 81 , (_Seal) / S / Olivia_ R,S_ol_i_s___ ____ Notary Public, Lubbock County, Texas My commission expires _ 12/5/81 The above person have satisfied the liens held by the City and are needed to remove the cloud on the titles placed upon the respective properties. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution Nos. 834 and 835 authorizing the Release of Liens referenced above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-422-583 Consider accepting water and sewer improvements in Whis�erwood Addition, (34) Lots 102 through 159, E-1 and H-1 through H-10. Resolution No. 836 RESOLUTION NO. 836 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 155 THRU 159 (A REPLAT OF LOTS 7-A THRU 11-B), TRACTS E-1 THRU E-5, TRACTS H-1 THRU H-10, and LOTS 102 THRU 154, WHISPERWOOD ADDITION. WHEREAS, the developer of Lots 155 thru 159 (a replat of Lots 7-A thru 11-B), Tracts E-1 thru E-5, Tracts H-1 thru H-10, and Lots 102 thru 154, Whisperwood Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of Chapter 34, and WHEREAS, the total utility cost to the developer is $87,827.89 with the improvements constructed by Panhandle Construction Company having a value of $81,774.40 as determined by the unit prices established by said Chapter 34, and $6,053.49 cash paid to the City, with Tara Land Company, the developer, and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 18th DAY OF June 19 81. _/ S / Bill_ McAlister _ BILL McALISTER, MAYOR ATTEST: /S/ _Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: / S / Wilford D . Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: /S/ John C. Ross, Jr. 423 JUN 18 1 81-40-423-584 Consider accepting water and sewer improvements in Farrar Estates, Lots 1F-2 throu gh 39F-2. ( 35 ) Resolution No. 837 RESOLUTION NO. 837 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS I F-2 THROUGH 39 F-2, FARRAH ESTATES ADDITION. WHEREAS, the developer of Lots I F-2, through 39 F-2, Farrah Estates Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and WHEREAS, the total utility cost to the developer is $7,609.35 with the improvements constructed by Holloway Contracting Company having a value of $6,835.90 as determined by the unit prices established by said Chapter 34, and $773.45 cash paid to the City, with Spindle Top Inc., the developer, and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS __18th __ DAY OF ------ June ------------- 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: ISI John C. Ross, Jr. John C. Ross, Jr., City Attorney 81-40-423-585 Consider accepting Renovation #1, Southeast Reclamation Plant, and a!LtLR4,nLa (36) final Payment to the contractor. The above being routine acceptances, the motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution No. 836 accepting the water and sewer improvements in Whisperwood Addition, as referenced; and to pass Resolution No. 837 accepting the water and sewer improvements in Farrar Estates, as referenced; and to accept the renovation at the Southeast Reclamation Plant, as referenced and authorize final payment to contractor Anthony Mechanical, Inc. in the amount of $14,131.10. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 424 81-40-424-586 Consider resolution authorizing the Mayorj to execute a contract for testing(38) and engineering analysis for steel pRLEL installation. Resolution No. 839 This contract is between Fanning, Fanning and Agnew, Inc. for the testing and engineering analysis of the soil for the installation of steel poles to be used in the interconnect line from Jones Station to Holly Avenue. The fee is in the amount of $2,188, and the contract is to be completed by June 30, 1981. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution No. 839 authorizing the above referenced contract. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 839 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 the City of Lubbock and Fanning Fanning & Agnew, Inc. for testing and engineering analysis necessary for the preparation of a soil analysis report, and for engineering services required in the design of steel pole foundations for use in an electrical tie -line from Jones Station to the Holly Avenue Electrical Plant, 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 18th day of _ - June / S / Bill McAlister BILL McALISTER, MAYOR ATTEST: Gaf f ga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Carroll McDonald Carroll McDonald, Dir., of Sales & Service Lubbock Power and Light APPROVED AS TO FORM: /S/ David W. Reagan David W. Reagan, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK ,1981. THIS AGREEMENT, made and entered into this 18th day of June, A.D. 1981, by and between the City of Lubbock, County of Lubbock, State of Texas, hereinafter referred to as "City", and Fanning Fanning & Agnew, Inc. of the City of Lubbock, County of Lubbock, State of Texas, hereinafter referred to as "Consultant". WITNESSETH: That the City and the Consultant do hereby mutually agree as follows: Le SCOPE OF SERVICES The Co ' nsultant hereby agrees and binds himself to perform the following services under the terms and conditions hereinafter stated, and the Consultant 425 hereby accepts and agrees to perform such services: (a) Perform all soil test drilling, field testing, sampling, laboratory testing and engineering analysis necessary for the preparation of a soild analysis report on four holes at the required depth. Such report and analysis is for the design of steel pole foundations for use in electrical tie -line from Jones Station to the Holly Avenue Electfteal.Plant. The locations of the steel structures will be designated to Consultant by the City Contract Representative. The Consultant will determine the locations of the test holes. Consultant shall prepare and submit to the City such soil analysis report. (b) Perform all engineering services required in the design of a foundation for eash of the four structures for which the soil analysis report was prepared. A copy of the final foundation design shall be submitted to the City. (c) Consultant shall complete all phases of the contract in final form on or before the 30th day of June 1981. II. CONSIDERATION The City shall compensate the Consultant for such services rendered. The compensation to be received by Consultant is estimated to be $2,188. All work and charges performed or made by Consultant shall be supported by payrolls, vouchers, receipts, and other documentation of expenses substantiating the charges or work made or done. Such payrolls, vouchers, receipts and documentation of charges shall be in a form satisfactory to the City or the City Contract Representative, and must be submitted to the City before Consultant is entitled to any compensation or payment under this contract. In any event, the City will not pay Consultant an amount greater than $2,800 for work performed under this contrac loop EXTENSION OF CONTRACT The time within which any provision of this contract must be completed by Consultant may be extended by written authorization from the City; no additional compensation shall be paid to Consultant for work done under such an extension. IV. CITY CONTRACT REPRESENTATIVE The City hereby designates Tommy D. Buchanan its single representative with respect to this contract. All communication relative to the contract shall be addressed to this officer or to a delegate'expressly named by him. M %KIM Nothing contained herein shall be construed as creating the relationship of employer and employee between the City and the Consultant,and the Consultant shall be deemed at all times to be an independent contractor. VI. INDEMNIFICATION Consultant agrees to indemnify and hold the City harmless from any claims for injury, death, loss or damage of any kind or character, and by whom so ever suffered, occasion by or in connection with any services performed by the Consultant, or by any act or default of the Consultant, either while his services are in progress or as a result of services performed by him. VII. LAW GOVERNING CONTRACT For the purpose of determining place of contract and the law governing same, this contract is entered into in the City and County of Lubbock, State of Texas, and shall be governed by the laws of the State of Texas. VIII. NON ASSIGNMENT This contract shall be deemed personal to Consultant and shall not be assigned without written approval by the City or the City Contract Representative. "M FINDINGS CONFIDENTIAL All of the reports, information, data, etc., prepared or assembled, by Consultant under this contract are confidential and Consultant agrees that they shall not be made available to anv individual or organization without the prior written approval of the Citv. LAK: JUN 18 1981 EM INSURANCE The Consultant shall procure and carry at this sole cost an expense throughout the life of this contract, insurance protection as hereinafter specified. Such assurance shall be carried with an insurance company license( to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Consultant or a sub -contractor, or separate policies shall be provided covering the operation of each sub -contractor. (A) Professional Liability Insurance Consultant shall provide proof that he carries and maintains professiona- liability insurance covering all operations in connection with this contract. (B) Workmen's Compensation and Employers Liability Insurance. Consultant shall secure and maintain workmen's compensation and employer liability insurance covering all employees employed on the job, whether employed by the Consultant or any subcontractor on the job, as will protect him from claims under the Workmen's Compensation Act. (C) Owners Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Consultant will obtain a protective or contingent public liability insurance policy, which will also cover the liabilities of consultant specified in this agreement under paragraph VI, naming the City of Lubbock as an additional insured and the amount of such policy shall be as follows: $500,000 for bodily injuries, including accidental death, per occurrence but limited to an aggregate amount of $500,000 and $100,000 for property damage per occurrence. ()) Automobile Insurance. The Consultant shall procure automobile insurance providing coverage as follows: In an amount not less than $100,000 for injuries, including accidental death, to any one person, but not less than $300,000 per occurrence, and in the amount of not less than $100,000 for property damage. (E) Proof of Coverage. Before work on this contract is commenced, the Consultant shall submit to the City for approval a certificate of insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The operations to which the insurance applies. (3) The name of the policy and the type or types of insurance enforced thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability hereunder on the date borne by such certificate. (5) A statement that the insurance of the type afforded by the policy applies to all of the operations of whatever character, which are undertaken by the insured during the perform of this contract, provided such operations are required in the performance of the contract. XI. EFFECTIVE APPROVAL OR PAYMENT Approval or payment by the City shall not constitute nor be deemed a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and Counsultants for the accuracy and competence of the information provided or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by Consultant, its employees, contractors, agents and consultants. KM SIMILAR AGREEMENTS This Contract shall notbe,construed so as to deny the City its option to enter into similar agreements with other consultants, engineering firms, companies, or individuals, as City retains the right, at its option, to enter into such agreements to receive from any other source the same services as enumerated hereinabove under paragraph I. 427 XIII. APPLICABLE LAWS This contract is entered into subject to the Charter and the Ordinances of the City of Lubbock, Texas, and applicable state and federal laws and regulations, and such laws shall be considered as part of this contract to the same effect as though embodied herein. XIV. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Consultants responsibility to prosecute the work contemplated by this contract in such a way as to exercise due care to prevent damage to all underground pipelines, utility lines, conduits or other underground structures that might or could be damaged by Consultant during the performance of this contract. Consultant agrees and understands that he will drill and perform all test under this contract only after the City Contract Representatives' approval of the exact spots or locations which the drilling and testing are to be performed. The City will be liable for all underground lines or structures cut or damaged by Consultant during the performance of this contract only when Consultant drills and tests in the exact spot or location as approved by the City Contract Representative. Should Consultant drill or test in a location different to the location approved by the City Contract Representative, then in that event Consultant will assume allresponsibility and liability for the damage done to underground lines or structures in such undesignated location. XV. TERMINATION This contract may be terminated by either party by seven days written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this agreement is so terminated, the Consultant shall be paid only for work actually performed and charges incurred up to the time of termination. Before any payment shall be made under this clause such work or charges incurred must be supported by such documentation as set forth in paragraph II. Dated this 18th ----day of ------- June ATTEST: /S/ DwaXne R. - Agnew Secretary ATTEST: 1981. FANNING FANNING & AGNEW, INC. BY: /S/ Norris L. Fanning President I 181�u# �, & 0611 ISI Bill McAlister BILL McALISTER, MAYOR /S/ Evelyn Gaffga --------- -------- Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Carroll McDonald Carroll McDonald, Dir. of Sales C Service APPROVED AS TO FORM: ISI David W. ReaRan br� - — — -------- — ----- David W. Reagan, Asst., City Attorney 81-40-427-587 Consider a resolution authorizing the Mayor to execute a contract with the Department of (39) IjLgljwLay t1h e for use of breath .�� and Pub! testing devices. Resolution No. 840 A new breath testing device law will be enacted by the State of Texas for testing alcohol content within the body, effective June 1, 1983. These devices will be owned by the Department of Public Safety and the Highway Department and available to the City Police Department under a contractual arrangement for utilization of these devices called intoxilyzitrs There are no chemicals involved and the cost per test is considerably less than the present means of testing alcohol content. A school of certification for the use of the devices, as now required, will be eliminated, and the intoxilyzer will give a print out which lessens the chance of human error. rrl,. _­ -A. 1- M­­ T)­ rr- U­., __ - --A ^ A 1- ; 1 __ - TZ D - -^ 1 - 4- -; ^— 428 JUN 18 1981 DGV:pc RESOLUTION NO. 840 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement between the State of Texas, acting through its Departments of Highways and Public Transportation and of Public Safety and the City of Lubbock to partici- pate in a statewide traffic safety program, including expeadiLure of traffic safety funds for property to be used in program activities. Said agreement, attached hereto, 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 -18th-day of- June / S / Bill McAlister BILL McALISTER, MAYOR ATTEST: Gaf f ga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: ISI Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney APPROVED AS TO CONTENT: /S/ Rickey Childers Rickey Childers, Admin. Asst. City Manager's Office FTATWory$W THE STATE OF TEXAS COUNTY OF TRAVIS Mm I. This AGREEMENT between the State of Texas, acting through its Departments of Highwayo and Public Transportation (DHPT) and of Public Safety (DPS), and the City of Lubbock, hereinafter cited as the Local Agency (LA), acting through its authorized officers, witnesseth: II. The DHPT is charged with coordinating and cooperating with other departments of the State and with political subdivisions of the State in a statewide traffic safety program, including expen- diture of traffic safety funds for property to be used in program activities. The DPS is charged with the administration of a statewide breath testing program involving all law enforcement agencies in the state. The LA, as part of its responsibility for protecting the safety and welfare of its citizens, is responsible for enforcing laws and ordinancesconcerning operation a motor vehicle by a driver whose facilities or abilities are or ma be impaired by alcohol. I To accomplish these purposes, these three entities agree to coopera� in a program in which breath testing devices belonging to the State I of Texas and maintained on the inventory of DHPT will be placed in I I possession of the LA for its use in a program coordinated by and coi in accordance with the rules and regulations of DPS, including the Texas Chemical Breath Test RegulationsL (TCBTR). The LA acknowledges that it has requested the benefits of this program as a part of its local highway safety program and in furtherance of its governmental responsibilities, and therefore consents to participate in this program and accepts possession of these devices. III. The parties further agree as follows: lucted A. The DHPT agrees to furnish instruments and security cabinets to the DPS for distribution to the LA. It is specifically agreed between the parties that the DHPT is to retain title to the instruments and security cabinets and to retain them on its inventory of accountable asset ' s. DPS is not to be held responsible or accountable for instruments or security 429 JUN 18 1981 W C. The LA agrees to: 1. Take possession from DPS of the breath test instruments and allied equipment listed on Attachment A, understanding that these instruments and allied equipment are and remain the property of the State of Texas and are accountable on the inventory of DHPT. 2. Deliver to DPS all existing breath test instruments currently in its possession to be used as a trade-in on the purchase of the new instruments. 3. Control, protect, and preserve the newly received instruments and allied equipment, exercising with regard to such property such care as would be exercised by a reasonably careful owner. 4. Maintain the instruments in good condition and effective working order, with the technical assistance of DPS as set forth in C-3, below. 5. Replace the instruments and equipment received in the event of loss, theft, accident, or circumstances other than normal wear, so long as the equipment is necessary for the operation of the local breath testing program. 6. Cooperate with DPS in its meeting its responsibilities for administra of the breath testing program by:,, a. maintaining and operating the instruments in accordance with the TCBTR and directives from the Office of the Scientific Director of DPS; b. permitting DPS to monitor local testing programs to insure testing integrity and compliance with breath testing regulations; C. permitting DPS, through certified local technical supervisors, to calibrate and perform technical maintenance on, and to certify the instruments in accordance with the TCBTR. 7. Cooperate with DHPT in its maintaing accurate inventory records concern the instruments, particularly by making the instruments available to DHPT (acting through certified technical supervisors) for inventory at reasonable times and upon reasonable notice. go Send their certified operators to schools certified by the Office of thi Scientific Director of DPS for additional training on the new instrumen The funding of the additional training will be the responsibility of the LA. I The DPS, through the Office of the Scientific Director, agrees to: 1. Deliver to the LA breath test instruments and allied equipment listed on Attachment A. 2. Receive from the LA all existing breath test instruments that the LA possesses and deliver the old instruments to the new instrument manufacturer as a trade-in as part of the purchase price of the new instruments. 3. Provide technical assistance and guidance as necessary through certify technical supervisors to the LA to enable that LA to maintain the instruments in good condition and effective working order. This assistance shall include, as a minimum: a. Providing the LA with a copy of the TCBTR. b. Making available to the LA instrument operators and technical supervisors the opportunity to receive training in the operation and maintenance of the instruments through schools that are certified by DPS. C. Having certified technical supervisors calibrate, perform all technical maintenance on, and certify the instruments in the LA in accordance with the provisions stated in the TCBTR. 4. Monitor the LA testing program to insure testing integrity and compli with breath testing regulations. 5. Acting on behalf of DHPT, physically inventory at least once annually the instruments and equipment placed with the LA. The inventory will verify the presence of the user identification number of the instrument the instrument description, including manufacture's serial number, and the instrument location. A certification of the performance of this inventory will be submitted to DHPT, File D-18TS. ng 6. Remove and relocate any instrument not being used or maintained so as to insure an effective breath testing program. E 430 IV. This agreement pertains only to physical possession and maintenance of the breath testing equipment shown on Attachment A and not to the agreement between DPS and the LA under which that LA participat, in a certified chemical breath test program. V. No modification to any instrument shall be made without prior writt approval from the Office of the Scientific Director of the DPS; modification of any instrument without prior written approval shall be grounds for removal of such instrument provided under this agreement. VI. This agreement shall terminate upon the end of the useful life of the equipment (including replacement equipment provided pursuant to Article III-B-5) or upon termination of the local breath test program, whichever occurs first. THE CITY OF LUBBOCK APPROVED: CITY OF LUBBOCK, TEXAS Py.-_ZS/ Bill McAlister Mayor Bill McAlister Date: June 18, 1981 THE STATE OF TEXAS Certified as being executed to carry out the orders, policies, or approved and authorized work programs of the DPS: /S/ Director, Department of Public Safety Date: ATTEST: ./ S _LEvelyn Ga f f ga-------------_ Secretary APPROVED AS TO FORM: S/ Donald G. Vandiver Title: Asst. City Attorney ____ APPROVED AS TO CONTENT: /S/ Rickey Childers Title: Administrative Assistant Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: /S/ ---------- -------- Assistant Engineer -Director SDHPT Executed and approved for the SDHPT under authority of Minute Order 77446 Date: RECOMMENDED FOR EXECUTION: /S/ ------------ Chief Engineer Safety & Maintenance Operations Division / S / Director, Finance Division *NOTE: Attachment A, "Receipt for Traffic Safety Section Assets," and Attachment B, "Accountable Assets Log", are attached and filed with original contract and Resolution No. 840. 431 81-40-431-588 (40) *Ord 8202 amends Ord 8167(4/9/81) 81-40-431-589 (41) Consider an ordinance amending Ordinance No. 8167 relating to taxicabs, limousines and other Ordinance No. 8202 This is a housekeeping procedure and the referenced amendment clarifies the Council's intent as to the present limousine business operators being exempt from public hearing. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8202 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Counci Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JCR:cl ORDINANCE NO.8202 AN ORDINANCE AMENDING SECTION 31-59 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS. Consider a resolution reinstating the sister- (� PtL.. St�L_X relationship HL�h _L _ TL Resolution No. 841 This request is initiated by the governing body of Ica, Peru to re-establish the sister - city relationship. There is no funding involved and the program encourages cultural, historic and economic exchanges between the two cities. The program is conducted through an Association comprised of various municipal governments wishing to engage in this exchange. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolutj No. 841 re-establishing the sister -city relationship with Ica, Peru. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DP:bs RESOLUTION NO. 841 WHEREAS, the Mayor and the City Council of Lubbock, Texas, and the Mayor of Ica, Peru, profess an interest in reestablishing relations between Lubbock and Ica as Sister Cities; and WHEREAS, this presents an opportunity for each city to renew cultural, historical, and economic exchanges which will be of great benefit to each, and WHEREAS, the peoples of these two great cities could, through demonstration of their peaceful intentions establish a precedent which could become a model for all the world to follow; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the Mayor and City Council of the City of Lubbock do hereby agree to re-establish its relationship as a Sister City of Ica, Peru, for the purpose of interchanging cultural, historical, and peaceful thoughts, concepts and beliefs. THAT this resolution be mailed to the Mayor of Ica, Peru, as an expression of our friendship. THAT this resolution will become a permanent part of the records of the City of Lubbock. Passed this 18th -__ day of _--June /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: / S / Evelyn Gaffga ---------- — — ---------- Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Rick Childers Rick Childers, Administrative Assistant APPROVED AS TO FORM: /S/ Diane Putnam Diane Putnam, Asst. City Attorney 432 JUN 18 1981 81-40-432-590 Consider resolutions authorizing the issuance of oil and gas drilling (42) i_iET��Cs to Texland Petroleum, Inc.-, to -wit: (1) Welch #1 (NE/4, Sec. 25, Block A) (2) 1ea_l Sec_._ _ 6 , Block A) (.3) Lulain #4, # 5 , #6, (Alf (:;T_S_e_c_. j_,_ Block A, T.T.R.R. Co. S (.4) _fff_,__#3, #4,- _6re_�CKTff Addn.-,-Sec. 2, Bfk D-4 Resolution No. 842 Resolution No. 842-A--Welch No. 1 Resolution No. 842-B--Teal No. 2 Resolution No. 842-C--Lulain No.4 Resolution No. 842-D--Lulain No.5 Resolution No. 842-E--Lulain No.6 Resolution No. 842-F--Hillcrest Country Club No.1 Resolution No. 842-G--Hillcrest Country Club No.2 Resolution No. 842-H--Hillcrest Country Club No.3 Resolution No. 842-I--Hillcrest Country Club No.4 Resolution No. 842-J--Hillcrest Country Club No.5 Texland Petroleum, Inc., again has made application for ten (10) well sites to be located as follows: 1. The Welch site is located north of the Idalou Highway and east of Olive Avenue. 2. Teal No. 2 is located south of Highway 62-82 north of East Erskine Street, west of Guava, and east of Olive Street. 3. Lulain Nos. 4,5, and 6 are located between Highway 87 and Quirt Avenue and Ursuline and Kent Streets. 4. Hillcrest Country Club Nos. 1,2,3,4, and 5 are located north of Kent Street and the Lubbock State School and approximately 800 feet west of North Boston Avenue. All of the above referenced sites are well over 150-200 feet from the nearest residence; the applications have been approved by the FAA and all fees, liability insurance and bonds have been submitted with the application. In response to Council query, the requests are exempt from ZBA approval in accordance with the existing ordinance. In additional response to Council query, the ordinance as requested by Council amending the oil and gas drilling permit procedure has been delayed due to higher priorities, accord to City Attorney Ross. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve the above referenced applications for oil and gas drilling permits and authorize the City Manager to issue same. Motion carried: Mayor McAlister Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMH:pc RESOLUTION NO. 842-A BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Oil and Gas Drilling Permit with Texland Petroleum, Inc. on the drilling of an oil and gas well known as Welch No. 1, 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-- 18th --day of June ---------- ____'1981. / S / Bill McAlister ATTEST: BILL McALISTER, /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Denzel Percifull nenzel Percifull. Director of Public Services 433 F�111' 7J 711"'111 OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § The City Council of the City of Lubbock, Texas, hereby approves and grants permission to the TEXLAND PETROLEUM, INC. for the drilling of an oil and gas well known as the Welch No. 1 to be located on the site indicated in the application attached hereto and made a part hereof by reference for all purposes. TEXLAND PETROLEUM, INC., hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this Permit is issued contingent upon such compliance. This permit is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is maintained. The bond and insurance as required by Chapter 19A of the Code of Ordinances of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. The use of earthen slush pits as opposed to steel pits is hereby authorized as requested by Texland Petroleum, Inc., said earthen pits to be constructed in accordance with the requirements as outlined in Section 19A-13 of the Code of Ordinances of the City of Lubbock, Texas. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and gas well. GRANTED this l8th day of ATTEST: June , 1981. CITY OF LUBBOCK /S/ Larry Cunningham Larry Cunningham, City Manager TEXLAND PETROLEUM, INC. M *Further documents are attached and filed with original Resolution No. 842-A. y1. P RESOLUTION NO. 842-B BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Oil and Gas Drilling Permit with Texland Petroleum, Inc. on the drilling of an oil and gas well known as Teal No. 2, 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 18th day of January �1981. - — ---------- LS./_ J�LIL McAlister BILL McALISTER, MAYOR RVIVIM _EKely :Lf a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: IS/ Denzel Percifull Denzel Percifull, Director Services Rvvv���� /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney 434 JUN is OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § The City Council of the City of Lubbock, Texas, hereby approves and grants permission to the TEXLAND PETROLEUM, INC. for the drilling of an oil and gas well known as the Teal No. 2 to be located on the site indicated in the application attached hereto and made a part hereof by reference for all purposes. TEXLAND PETROLEUM, INC., hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this Permit is issued conti upon such compliance. This permit is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is maintained. The bond and insurance as required by Chapter 19A of the Code of Ordinances of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. The use of earthen slush pits as opposed to steel pits is hereby authorized as requested by Texland Petroleum, Inc., said earthen pits to be constructed in accordance with the requirements as outlined in Section 19A- 13 of the Code of Ordinances of the City of Lubbock, Texas. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connect with the drilling and/or operation of this oil and gas well. GRANTED this __ 18th -_ day of ATTEST: June , 1981. CITY OF LUBBOCK /S/ Larry Cunningham ---------- Larry Cunningham, City Manager TEXLAND PETROLEUM, INC. S *NOTE: Further documents are attached and filed with permit and original Resolution No. 842-B. 435 SMH:pc RESOLUTION NO. 842-C BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Oil and Gas Drilling Permit with Texland Petroleum, Inc. on the drilling of an oil and gas well known as Lulain No. 4, 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-18th __day of June - ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Denzel Percifull Denzel Percifull, Director "-j-f-Public —Services APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City,Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK OIL AND GAS DRILLING PERMIT 1981. KNOW ALL MEN BY THESE PRESENTS: The City Council of the City of Lubbock, Texas, hereby approves and grants permission to the TEXLAND PETROLEUM, INC. for the drilling of an oil and gas well known as the Lulain No. 4 to be located on the site indicated in the application attached hereto and made a part hereof by reference for all purposes. TEXLAND PETROLEUM, INC., hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this Permit is issued contingent upon such compliance. This permit is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is maintained. The bond and insurance as required by Chapter 19A of the Code of Ordinances of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. The use of earthen slush pits as opposed to steel pits is hereby authorized as requested by Texland Petroleum, Inc., said earthen pits to be constructed in accordance with the requirements as outlined in Section 19A-13 of the Code of Ordinances of the City of Lubbock, Texas. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and gas well. GRANTED this 18th ATTEST: day of __June 1981. CITY OF LUBBOCK LS-1 Larry Cunningham, City Manager TEXLAND PETROLEUM, INC. *NOTE: Further documents are attached and filed with permit and original Resolution No. 842-C. 436 JUN 18 1981 SMH:pc RESOLUTION NO. 842-D BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized' and directed to execute for and on behalf of the City of Lubbock an Oil and Gas Drilling Permit with Texland Petroleum, Inc. on the drilling of an oil and gas well known as Lulain No. 5, 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-- 18th --day of ____ June / S / Bill McAlister ATTEST: BILL McALISTER, MAYOR / S_/ Evelyn Gaff ga ___!_____________________ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Denzel _P_er_c_i_f_u_ll Denzel Percifull, Director of Public Services APPROVED AS TO FORM: /S/ Susan _M_._Hort_on_ _�__ __ _�____ Susan M. Horton, Assistant City Attorney OIL AND GAS DRILLING PERMIT ,1981. THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § The City Council of the City of Lubbock, Texas, hereby approves and grants permission to the TEXLAND PETROLEUM, INC. for the drilling of an oil and gas well known as the Lulain No. 5 to be located on the site indicated in the application attached hereto and made a part hereof by reference for all purposes. TEXLAND PETROLEUM, INC., hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this Permit is issued conti upon such compliance. This permit is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is maintained. The bond and insurance as required by Chapter 19A of the Code of Ordinances of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. The use of earthen slush pits as opposed to steel pits is hereby authorized as requested by Texland Petroleum, Inc., said earthen pits to be constructed in accordance with the requirements as outlined in Section 19A- 13 of the Code of Ordinances of the City of Lubbock, Texas. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connect with the drilling and/or operation of this oil and gas well. GRANTED this 18th day of ___June , 1981. CITY OF LUBBOCK /S/_ Larry J . Cunningham Larry Cunningham, City Manager TEXLAND PETROLEUM, INC. 9 ATTEST: *NOTE: Further documents are attached and filed with permit and original 437 SMH: p c RESOLUTION NO. 842-E BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Oil and Gas Drilling Permit with Texland Petroleum, Inc. on the drilling of an oil and gas well known as Lulain No. 6, 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 18th day of June 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: / S / Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: ISI Susan M. Horton Susan M. Horton, Assistant City Attorney OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK The City Council of the City of Lubbock, Texas, hereby approves and grants permission to the TEXLAND PETROLEUM, INC. for the drilling of an oil and gas well known as the Lulain No. 6 to be located on the site indicated in the application attached hereto and made a part hereof by reference for all purposes. TEXLAND PETROLEUM, INC., hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this Permit is issued contingent upon such compliance. This permit is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is maintained. The bond and insurance as required by Chapter 19A of the Code of Ordinances of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. The use of earthen slush pits as opposed to steel pits is hereby authorized as requested by Texland Petroleum, Inc., said earthen pits to be constructed in accordance with the requirements as outlined in Section 19A-13 of the Code of Ordinances of the City of Lubbock, Texas. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and gas well. GRANTED this __18th __ day of ATTEST: June 1981. CITY OF LUBBOCK _Lq_L_j!arry L.__C_unnLijgha_m ............... Larry Cunningham, City Manager TEXLAND PETROLEUM, INC. S *NOTE: Further documents are attached and filed with original Resolution No. 842-E. EST:] I SMH: p c RESOLUTION NO. 842-F BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Oil and Gas Drilling Permit with Texland Petroleum, Inc. on the drilling of an oil and gas well known as Hillcrest Country Club No. 1, 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-18th —day.of----June ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer /S/ Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney OIL AND GAS DRILLING PERMIT ,1981. 1 THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § The City Council of the City of Lubbock, Texas, hereby approves and grants permission to the TEXLAND PETROLEUM, INC. for the drilling of an oil and gas well known as the Hillcrest Country Club No. 1 to be located on the site indicated in the application attached hereto and made a part hereof by reference for all purposes. TEXLAND PETROLEUM, INC., hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this Permit is issued conti upon such compliance. This permit is granted for a period of one (1) year from date of issuanc( and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is maintained. The bond and insurance as required by Chapter 19A of the Code of Ordi of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connec with the drilling and/or operation of this oil and gas well. GRANTED this 18th ATTEST: day of _June 1 1981. CITY OF LUBBOCK LSl L_ar_r_y Cunningham Larry Cunningham, 6TCjg- -anajer TEXLAND PETROLEUM, INC. S *NOTE: Further documents are attached and filed with original Resolution No. 842-F. !_5 439 7711 SMH:pc RESOLUTION NO. 842-G BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City. Manager of the City of Lubbock BE and'is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Oil and Gas Drilling Permit with Texland Petroleum, Inc. on the drilling of an oil and gas well known as Hillcrest Country Club No. 2, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolutiol as if fully copied herein in detail. Passed by the City Council this 18th _-day of June 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § The City Council of the City of Lubbock, Texas, hereby approves and grants permission to the TEXLAND PETROLEUM, INC. for the drilling of an oil and gas well known as the Hillcrest Country Club No. 2 to be located on the site indicated in the application attached hereto and made a part hereof by reference for all purposes. TEXLAND PETROLEUM, INC., hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this Permit is issued contingent upon such compliance. This permit is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is maintained. The bond and insurance as required by Chapter 19A of the Code of Ordinances of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and gas well. GRANTED this 18th day of June 1981. CITY OF LUBBOCK ISI Larry Cunningham Larry Cunningham, CityManagerbiana er TEXLAND PETROLEUM, INC. /S/ ATTEST: *NOTE: Further documents are attached and filed with original Resolution No. 842-G. 440 SMH:pc RESOLUTION NO. 842-H BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Oil and Gas Drilling Permit with Texland Petroleum, Inc. on the drilling of an oil and gas well known as Hillcrest Country Club No. 3,. 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-- 18th--day of June /S/ Bill McAlister BILL McALISTER, MAY ATTEST: —___ ----- — ---- Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Denzel Percifull venze-L rerciiuii, virecror of ruoiic Jervices �1 ' i �0_1 W /S/ Susan M. Horton Susan M. ii�)�io�, KssisC��CdICy CC�Tney OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK The City Council of the City of Lubbock, Texas, hereby approves and grants permission to the TEXLAND PETROLEUM, INC. for the drilling of an oil and gas well known as the Hillcrest Country Club No. 3 to be located on the site indicated in the application attached hereto and made a part hereof by reference for all purposes. TEXLAND PETROLEUM, INC., hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this Permit is issued conting upon such compliance. This permit is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is maintained. The bond and insurance as required by Chapter 19A of the Code of Ordinances of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connect with the drilling and/or operation of this oil and gas well. GRANTED this _18th __ day of ATTEST: June 1981. CITY OF LUBBOCK /S/ Larry Cunningham — Larry Cunningham, City Manager TEXLANDPETROLEUM, INC. S *NOTE: Further documents are attached and filed with original Resolution No. 842-H. 441 SMH:pc RESOLUTION NO. 842-1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Oil and Gas Drilling Permit with Texland Petroleum, Inc. on the drilling of an oil and gas well known as Hillcrest Country Club No. 4, 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 Resolutic as if fully copied herein in detail. Passed by the City Council this 18th day of June ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI KHelynL Ga :Lf ga-___���� Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: ISI Susan M. Horton Susan M. Horton, Assistant City Attorney OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK The City Council of the City of Lubbock, Texas, hereby approves and grants permission to the TEXLAND PETROLEUM, INC. for the drilling of an oil and gas well known as the Hillcrest Country Club No. 4 to be located on the site indicated in the application attached hereto and made a part hereof by reference for all purposes. TEXLAND PETROLEUM, INC., hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this Permit is issued contingent upon such compliance. This permit is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is maintained. .The bond and insurance as required by Chapter 19A of the Code of Ordinances of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and gas well. GRANTED this - 18th day of June 1981. CITY OF LUBBOCK /S/ Bill McAlister Larry Cunningham, City Manager _"� TEXLAND PETROLEUM, INC. /S/ ATTEST: - — - — -- — - — -- — -- — - — -------------- *NOTE: Further documents are attached and filed with original Resolution No. 842-1. 442 JUN 18 981 SMH:pc RESOLUTION NO. 842-J BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Oil and Gas Drilling Permit with Texland Petroleum, Inc. on the drilling of an oil and gas well known as Hillcrest Country Club No. 5, 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 --18th --day of. ATTEST: June /S/ Bill McAlister BILL McALISTER, MAYOR Gaf f ga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK OIL AND GAS DRILLING PERMIT ,1981. KNOW ALL MEN BY THESE PRESENTS: The City Council of the City of Lubbock, Texas, hereby approves and grants permission to the TEXLAND PETROLEUM, INC. for the drilling of an oil and gas well known as the Hillcrest Country Club No. 5 to be located on the site indicated in the application attached hereto and made a part hereof by reference for all purposes. TEXLAND PETROLEUM, INC., hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this Permit is issued conti upon such compliance. This permit is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is maintained. The bond and insurance as required by Chapter 19A of the Code of Ordinances of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connecte( with the drilling and/or operation of this oil and gas well. GRANTED this .-18th--- day of __ June -------- 1981. CITY OF LUBBOCK /S/ Larry Cunningham ---- Larry Cunningham, City Manager TEXLAND PETROLEUM, INC. S ATTEST: *NOTE: Further documents are attached and filed with original Resolution No. 842-J. 443 'IN 18 1981 81-40-443-591 Consider approving charge -offs on uncollectable accounts. (43) All the accounts receivable and returned checks believed to be uncollectable are deleted from the City's books by minuted action. However, they will be maintained on file in the event collections efforts are ever successful. The amounts proposed to be written -off are: General Fund - $4,700.86 Sanitation Fund - $12.50 Airport Fund - $5,225.47 Internal Services Fund - $10.00 Water, Garbage and Sewer Fund (Utility bill charge -offs) - $134,089.38 Electric Fund (Utility bill charge -offs) -$274,510.54 Total - $418,548.75 The utility bill charge -offs amount to 1.15% of total sales, which according to the Director of Finance is a little bit higher than previous years. In response to Council query, it was also indicated that there is a $2.50 charge for returned checks, which possibly needs to be increased in the future. I I The motion was made by Councilwoman Baker, seconded by Councilman Aderton to approve the above written charge -offs for uncollectable items, as itemized. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-443-592 Consider a resolution authorizinR Ridpath Aviation to terminate fixed base operator's (44) contract. eso 843 amends Resolution No. 843 Reso 761 (3/26/81) The current contract expires February 28, 1983. Ridpath has requested termination of the existing contract approved by the Director of Aviation on March 2, 1978 and has agreed to pay the penalty of $3,500 for early termination. The Airport Board has approved this request. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 843 approving the Ridpath Aviation's request to terminate the contract. Motion carried: Mayor McAlister, Mayor Pro Tem, Henry, Councilmen Brown and Aderton and Councilwoi Baker voting Yea; none voting Nay. AA:bs RESOLUTION NO. 843 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement to Terminate Modified Fixed Base Operator Agreement and Office Space Lease - Old Terminal Building and Addendum No. 1 Thereto with Ridpath Aviation, 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-18th day of June / S / Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: ISI Angela Adams Angela Adams, Asst. City Attorney I AGREEMENT TO TERMINATE MODIFIED FIXED BASE OPERATOR AGREEMENT AND OFFICE SPACE LEASE - OLD TERMINAL BUILDING AND ADDENDUM NO. 1 THERETO WHEREAS, the City of Lubbock and Jack Ridpath d/b/a Ridpath Aviation, a sole proprietorship, under the laws of the State of Texas, entered into an agreement entitled "Modified Fixed Base Operator Agreement and Office Space Lease - Old Terminal Building" on March 2, 1978; and WHEREAS, Jim Ridpath, the current owner of Ridpath Aviation, executed an Addendum No. 1 to said "Modified Fixed Base Operator Agreement and Office Space Lease - Old Terminal Building" on March 26, 1981; and WHEREAS, Ridpath Aviation desires to terminate the Agreement of March 2, 1978 and the Addendum No. 1 thereto; I NOW THEREFORE, for and in consideration of the termination of the aforementioned agreement of March 2, 1978 and the Addendum thereto of March 26, 1981, Ridpath Aviation does hereby covenant and agree to pay to the City of Lubbock Three Thousand Five Hundred and no/100ths ($3,500.00) Dollars. Such sum shall be paid within thirty days of the execution of this Agreement. Both parties hereto agree that Ridpath Aviation and the City of Lubbock are hereby released and absolved of all duties, rights and responsibilities under the aforementioned Agreement and Addendum thereto. Executed this 18th day of ---- June /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Marvin Coffee -------A�v`1­---- of - Marvin Coffee, Director o Aviation APPROVED AS TO FORM: ISI Angela Adams Angela Adams, Asst. City Attorney _ RIDPATH AVIATION BY: /S/ Jim Ridpath ATTEST: Secretary 81-40-444-593 Consider a resolution authorizing the Mayor to execute a Consent Agreement (45) with Lindsey Hicks, Inc._ waiving landlord's first lien. *Reso 844 amends Resolution No. 844 Reso 803 (5/14/81) On May 14, 1981, the Council approved the purchase of the franchise of Dollar Rent-A-Car by L. P. Hicks, Inc. from Schuch Leasing Company. The new owner, Hicks, Inc. now requests the consent agreement for the waiver of a landlord's first lien in order to secure financing for his new enterprise. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 844 authorizing the consent agreement with L. B. Hicks, Inc., d/b/a Dollar Rent-A-Car. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 445 JUN 18 19 8 1 AA:bs RESOLUTION NO. 844 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Consent to Collateral Assignment/Pledge of Lease and Creation of Security Interest, 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-18th --day of. ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Asst. City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK June /S/ Bill McAlister BILL McALISTER, MAYOR CONSENT TO COLLATERAL ASSIGNMENT/PLEDGE OF LEASE AND CREATION OF SECURITY INTEREST WW" WHEREAS, THE CITY OF LUBBOCK, as Lessor, and SCHUCH LEASING COMPANY dba DOLLAR RENT -A -CAR, as Lessee, executed a lease agreement on March 7, 1977; WHEREAS, said lease agreement was assigned by Schuch Leasing Company to L.P Hicks, Inc. on May 8, 1981, which assignment was approved by The City of Lubbock on May 14, 1981; WHEREAS, L. P. Hicks, Inc., as Lessee, now desires to make a collateral assignment/ pledge of its leasehold interest and grant a security interest to The Lubbock National Bank which under the terms of the lease agreement of March 7, 1977, requires the written consent of The City of Lubbock; WHEREAS, The City of Lubbock, as Lessor, desires to give its consent to such collateral assignment/pledge and creation of security interest on the following terms as follows: 1. The City of Lubbock hereby consents to L. P. Hicks, Inc. granting a collateral assignment/pledge and security interest to The Lubbock National Bank of its leasehold rights in the lease agreement dated March 7, 1977, to partially secure monies previously advanced by The Lubbock National Bank to L. P. Hicks, Inc. and all renewals and extensions thereof and to partially secure any future advancements of monies by The Lubbock National Bank to L. P. Hicks, Inc., together with any and all renewals and exte thereof. 2. Such collateral assignment/pledge and security interest in favor of The Lubbock National Bank shall be and remain subordinate to the lien of The City of Lubbock created in the lease agreement dated March 7, 1977. EXECUTED this __18th —day of. ATTEST: June , 1981. THE CITY OF LUBBOCK By_/S/ Bill McAlister -_ Bill McAlister, Mayor /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Marvin Coffee Marvin Coffee. Director of Aviation 446 81-40-446-594 (46) *Reso 845 amends Reso 653(11/13/80) Consider resolutions authorizing Llj�� ay or to execute: (a). A supplemental agreement #1 with FAA regarding _space in the old terminal building; Resolution No. 845 On November 13, 1980, a lease was entered into with the FAA for additional space. The architecture's estimate was $108,500; the work has been completed at a cost of $66,464.15. The FAA has accepted the space and occupied same on April 1, 1981. This supplemental agreement establishes a rental rate based on the previous formula, whereby FAA will pay a rate of $18,999.52 a year, or $4,749.88 per quarter for the 3,100 square feet. RESOLUTION NO. 845 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 Supplement Agreement No. 1 with the Department of Transportation Federal Aviation Administration Southwest Region, 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-18th --day of.___ --- June--------------- -- 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga -------------- Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Assistant DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION POST OFFICE BOX 1689 FORT WORTH, TEXAS 76101 Supplemental Agreement No. 1 Lease DTFA07-81-L-01008 Airway Facilities Sector Lubbock, TX SUPPLEMENTAL AGREEMENT NO. 1 WHEREAS, on November 13, 1980, the above provisional lease was entered into by the United States of America represented by the FEDERAL AVIATION ADMINISTRATION, hereinafter referred to as the Government, and the City of Lubbock, Texas, hereinafter referred to as Lessor, whose address is Route 3, Box 389, Lubbock International Airport, Lubbock, Texas 79401, for quarten to house the Airway Facilities Sector; WHEREAS, Siad provisional lease in Article 3 contained a stipulation for its effective date and in Article 10 a formula for arriving at the annual rental rate, which figure applies to both Article 10 and Article 3; NOW, THEREFORE, it is agreed by both parties that the effective date of said lease shall be April 1, 1981, and the annual rental arrived at by the formula in Article 10 shall be $18,999.52 per annum, payable quarterly at the end of each quarter or portion thereof in arrears without the submission of invoices in the amount of $4,749.88 per quarter. 447 7-7 The provisional lease shall be modified to the extent herein provided, but in no other respect. IN WITNESS HEREOF, the parties hereto have hereunto subscribed their names on this the 18th day of June, 1981. ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga - ----------- City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Marvin Coffee Marvin Coffee Director of Aviation APPROVED AS TO FORM: /S/ Angela Adams Angela Adams Assistant City Attorney CITY OF LUBBOCK, TEXAS /S/ Bill McAlister BILL McALISTER TITLE :nySjK ................ ,THE UNITED STATES OF AMERICA BY: /S/ Milton J.- Palla Milton J. Palla TITLE: -----Contracting Officer -------- (b). Contract with FAA for electrical service in old terminal i L build_rL9_ Resolution No. 846 This contractual arrangement is for 100% reimbursement by FAA to the Airport for electrical utilities in the leased area. AA:pc RESOLUTION NO.-, 846 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an award/contract No. DTFA07-81-C-01137 with the Department of Transportation Federal Aviation Administration, 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 18th day of June - -------- — ----- 1981. /S/ Bill McAlister THL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga -- ------------------- Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Marvin Coffee Marvin Coffee, D!�C�T of Aviation APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Assistant City Attorney *NOTE: Award/Contract is attached and filed with original Resolution No. 846. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 845 authorizing the supplemental agreement #1 with FAA, and Resolution No. 846 authorizing a contract for reimbursement for electrical services. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 448 EMEEM., 81-40-448-595 Consider Claims against the City. (47) 81-C-436 Tyrone Porter $500.00 for property loss due to death of fish in aquarium. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-448-596 Bid No. 6380 for the HL4_e�nLijR of University Avenue from 4th Street to 19th (48) and authorize same. (Rev. Sharing) Alternate Low Bidder W. D. Turner Construction Co., Lubbock, TX ($841,511.65) Resolution No. 847 At the 8:30 Work Session, the City Council was apprised of an alternate bid that was submitted depending on the composition of the paving of the median. BY CONSENSUS, the Council preferred the alternate bid for paving brick median. JCR: da RESOLUTION NO. 847 WHEREAS, the City Council of the City of Lubbock has considered bids for the widening of University Avenue from 4th Street to 19th Street, and after due consideration of said bids has determined that the best bid is that of W. D. Turner Construction Company and WHEREAS, the City Council of the City of Lubbock finds it would be in the public interest to enter into a contract for the widening of University Avenue; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement to be entered into between the City of Lubbock and W. D. Turner Construction Co., Lubbock for the widening ofUniversity Avenue. The amount of such a`ct is to be $841,511.65 (.4' x 8' paving brick median). Resolved by City Council this 18th day of June, 1981. /S/ Bill McAlister Bill McAlister, Mayor ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Contract is filed with original Resolution No. 847. 449 81-40-449-597 Bid No. 6358 for 1981 maintenance and seal coat program, and authorize same -(Streets (49) Low Bidder W. D. Turner Construction Co., Lubbock, TX ($266,716.05) Resolution No. 848 JCR:da RESOLUTION NO. 848 WHEREAS, the City Council of the City of Lubbock has considered bids for the 1981 Maintenance Seal Coat Program and after due consideration of said bids has determined that the best bid is that of W. D. Turner Construction Co., Lubbock and WHEREAS, the City Council of the City of Lubbock finds it would be in the public interest to enter into a contract for the 1981 Maintenance Seal Coat Program; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock anLa ueeTen o t t be entered into between the City p c of Lubbock and W.D. Turner Construction Co. ?or'the 1981 Maintenance Seal Coat Program. The amount of such contract i_s_t*­o­­b`e______'_ $ 266.716.05 Resolved by City Council this 18th day of June, 1981. _-LV Bill —McAlister Bill McAlister, Mayor ATTEST: 15J jEve l �A_jjqf f ga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: IELnrLi Don Jennings, City Engineer APPROVED AS TO FORM: JV.John C. Ross ,, J r. John C. Ross, Jr., City Attorney *NOTE: Contract is filed with original Resolution No. 848. 81-40-449-598 Bid No. 6378.for roads and well stands in Sandhills Well Field, and authorize same ( 5 0 ) _(Water Utilities). Low Bidder Stafford Construction, Inc., Lubbock, TX ($141,600.00) Resolution No. 849 RESOLUTION NO. 849 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract to be entered into by and between said City and Panhandle Construction Company for construction and/or installation 450 JUN 1, 1981 of primary and secondary roads and well stands, Sandhills Well Field, attach 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 18th day of June ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn GaffRa Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: LS_L_G�uWilson Guy Wilson, Water Utilities Engineer APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney *NOTE: Contract is filed with original Resolution No. 849. I 81-40-450-599 Bid No. 6304 for waste water reclamation facilities _Lm p.���p improvements, and authori2 (51) same. (,Waste Water Treatment Plant) This item was held. 81-40-450-600 Consider an jLr r ��L(:ja ordinance for waste water reclamation facilities j (52) 6104, above). This item was held. 81-40-450-601 Bid No. 6364 for roofing replacement at Fire Station #5 and authorize same (53) Low Bidder Resolution No. 850 AA:bs Lydick Roofing Company, Lubbock, TX ($7,207.00) RESOLUTION NO. 850 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 Lydick Roofing Company of Lubbock, Inc., for removal of old roofing and installation of new roofing on Fire Station No. 5 located at 918 Zenith Avenue, Lubbock, 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 18th M day of June 1981. ATTEST: / S / Evelyn GaffRa Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Wayne Mahaffey Wayne Mahaffey, Deputy Fire Chief APPROVED AS TO FORM: McAlister __ BILL MCALISTEK,_ _MAY0R_ _LqLAijge a Adams Angela Adams, Asst. City Attorney 451 81-40-451-602 Bid No. 6372 for three gasoline pummmms (Garage). (54) Low Bidder Plains Pump Company, Lubbock, TX ($3,858.00) 81-40-451-603 Bid No. 6373 for motor operated valves, and authorize same (Water Treatment Plant & Pump (55) Station #9). Low Bidder Newman Engineered Equipment, (Newman Engineered Equip., Dallas, TX ($133,000.00) Dallas is agent for Allis-Chalmers Resolution No. 851 Corp., in whose name the contract is awarded. RESOLUTION NO. 851 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract to be entered into by and between said City and the Allis Chalmers Corporation - Valve Division for the purchase of motor operated ball valves for Water Treatment Plant and Pump Station No. 9, 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 18th___.day of June ,1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: _Evelyn af Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Guy Wilson, Water Utilities Engineer APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney *NOTE: Contract is filed with original Resolution No. 851. 81-40-451-604 Bid No. 6341 for uniforms (Police Dept., Airport _Security Officers). (56) Low Bidder J. B. Battle, Oklahoma City, OK ($30,083.50) 81-40-451-605 Bid No. 6342 for uniform shirts (Fire (57) Low Bidder Mallory's, Lubbock, TX (,$8,684.00) 81-40-451-606 Bid No. 6382 for wood electric poles (warehouse). (58) Item 3 : Crown Zellerbach, Sallisaw, OK Items 1,2,4,5 : International Paper Company, Ft. Worth, TX Items 6,7,8,9 McFarland Cascade, Tacoma, Washington 81-40-451-607 Bid No. 6388 for valves and water fittings (warehouse). (59) Items 1,2,3 : M. B. McKee Company, Lubbock, TX Items 4,5,6,7 : Trans -Tex Supply Company, Odessa, TX 452 JUN is 1981 81-40-452-608 (60) 81-40-452-609 (61) Bid No. 6391 for school flashers and time clocks (Traffic Engineering) Low Bidder Trans-Tronics, Ft. Worth, TX ($16,237.50) Bid No. 6376 for stacking chairs (Parks & Rec. Dept.). Low Bidder Office Market, Lubbock, TX ($3,024.00) At the regular meeting, Director of Purchasing Floyd Nesbitt appeared before the Council to indicate that all of the referenced bids reflected the low bidder, and all bids met specifications. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to approve Bid No. 6380 and pass Resolution No. 847 authorizing contract with bidder; to approve Bid No. 6358 and pass Resolution No. 848 authorizing contract with low bidder; to approve Bid No. 6378 and pass Resolution No. 849 authorizing contract with low bidder; to approve Bid No. 6364 and pass Resolution No. 850 authorizing contract with low bidder; to authorize Bid No. 6372; to approve Bid No. 6373 and pass Resolution No. 851 authorizing contract with low bidder; and to approve Bid Nos. 6341, 6342, 6382, 6388, 6391 and 6376. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Mayor McAlister recessed the Regular Session for Executive Session, to reconvene at 11:40 a.m. to take up the remaining items on the agenda of the Regular Meeting. 81-40-452-610 Consider resolution authorizing the Mayor to execute a contract with J. W. (37) 'remedial wc�rT'._____ Resolution No. 838 On November 26, 1980, two of the large transmission poles erected under the contract dated May 8, 1980, and identified as poles #19 and 20 fell to the ground. The investigation revealed the question as to the structural integrit of poles 17, 34, 37, 40 and 43. The investigations which were conducted revealed that the reason for this problem was due to defective design and construction. The liability insurance carrier for Hicks & Ragland has orally agreed that the problem was due to the defective design and they will make payment for remedial work. Due to the complexity of the remedial work and in order to protect the rights of the City, it has been agreed that a remedial agreement should be entered into between the City and J. W. Buck. Said agreement sets forth the remedial work to be done, that such remedial work is being done pursuant to the defect clauses under the original contract between the City and J. W. Buck Contruction; that the City is not personally liable for such remedial work; and, that the City will pay for such remedial work only after it has received payment from the liability insurance carrier for Hicks and Ragland Engineering Company. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 838 authorizing a contract with J. W. Buck. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JCR:cl RESOLUTION NO. 838 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 Remedial Agreement between the City of Lubbock and J.W. Buck Construction Company, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 18th day of June 1981. /S/ Bill McAlister ATTEST: BILL McALISTER, MAYOR S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Carroll McDonald Carroll McDonald, Director of Utilities 453 F"'111 STATE OF TEXAS COUNTY OF LUBBOCK REMEDIAL AGREEMENT This Remedial Agreement entered into by and between the City of Lubbock, herein called "City", and J. W. Buck Construction Co., Inc., herein called "Contractor". WITNESSETH: WHEREAS, the City and the Contractor entered into a contract on the 8th day of May, 1980, for the construction of a 138 KV transmission line from the Holly Plant to Co-op Substation; and WHEREAS, on November 26, 1980, two large transmission poles erected pursuant to the aforementioned contract and identified in said contract as poles #19 and #20 fell to the ground; and WHEREAS, subsequent investigation of these transmission pole failures revealed that a question existed also as to the structural integrity of transmission poles #17, 34, 37, 40 and 43; and WHEREAS, the consulting engineers retained by City on this construction project have prepared estimates on the cost of the necessary remedial work to complete this constructs contract in accordance with its original terms; and WHEREAS, the consulting engineers have recommended that due to the complexity and scope of the remedial work necessary to complete this contract in accordance with its original terms that this remedial agreement be entered into between the parties so that the scope of the remedial work could be properly stated as well as the terms and conditions that pertain thereto; and WHEREAS, the City has called to the Contractor's attention the terms of the contract previously entered into between the parties dated May 8, 1980, and specifically Art. II, Secs. 3 and 6; and Art. V, Sec. 1, together with all other terms of the contract covering defects in the work from whatever cause under the contract; and WHEREAS, both parties to this Agreement agree with the need to undertake the remedial work which is the subject matter of this Agreement; and WHEREAS, both parties to this Agreement agree that the terms of the original contract covering defects in work will be followed in undertaking the remedial work which is the subject matter of this Agreement subject to the specific terms herein set forth. NOW THEREFORE, for and in consideration of the mutual covenants and promises of the parties herein contained, and all other good and valuable consideration herein set forth, the parties hereto do agree as follows: 1. Repairs (a) Contractor shall undertake to make the necessary repairs to the 138 KV transmission line from Holly Plant to Co-op Substation as set forth in Exhibits A and B attached hereto and made a part of this contract for all purposes. (b) If during the repair procedures as set forth above, it becomes evident that additional repairs are necessary to complete the remedial work, then in such event the parties hereto will determine at such time the resolution of such additional work and if such will be for additional compensation. 2. Cost It is agreed between the parties that the total cost to undertake the repairs set forth in Exhibits A and B only, are as follows: (a) Exhibit A - $ 89,050.00 (b) Exhibit B - $ 19,745.00 It is further agreed that Contractor shall undertake said work for the total price of $108,795.00, payable at Lubbock, Texas, as herein provided. 3. Third Party (a) It is agreed and understood by both parties hereto that all monies to be paid Contractor for Contractor's work in effecting the repairs as set forth in Exhibits A and B are to be paid to Contractor only after receipt by City of said funds from Hicks & Ragland Engineering Co., Inc. (b) It is further understood that the City will not be liable to the Contractor for payment of monies under this contract until such time as it has received the funds set forth in paragraph #2 of this Agreement. (c) It is further understood between the parties that the Contractor will not commence work on the remedial repairs set forth in Exhibits A and B until such time as the Contractor has been officially notified in writing that - I - - I - I - - - - Z - --­ - __ - ____ J10 -.0 -L_' - A - - - - - - - - 454 JUN is 198, 4. Payment Upon receipt of the monies by City from Hicks and Ragland Engineerii Company, or their insurance company, as aforementioned, and the execution of this Agreement by Contractor, the City agrees to pay Contractor for his work in effecting the remedial repairs set forth in said Exhibits A and B, the monies set forth in paragraph #2 of this Agreement as follows: (a) $29,115.00 to be paid Contractor immediately upon receipt of said funds by City. (b) $74,240.25 to be paid Contractor in accordance with the provisions for partial payment set forth in the original contract between the parties dated May 8, 1980, at Art. III, Sec. 1, save and except that the retainage under this Agreement shall be only 5% of the total cost of this contract as set forth in paragraph #2 hereof. (c) $5,439.75 - this sum shall represent the retainage that City shall hold until such time as the work undertaken by Contractor has been accepted by City at which time this money shall be paid to Contractor. 5. Original Contract Save and except as herein set forth, the terms of the original contract between the parties shall govern the relationship between the parties hereto and said original contract dated May 8, 1980, is hereby referred to as if fully set forth herein. It is expressly agreed that this Agreement is not in any manner a replacement or novation of said original contract between the City and Contractor, but is an addition setting forth the manner in which such remedial work is to be preformed. 6. Warranty The same warranty shall run in favor of City on the repair work which is the subject matter of this Agreement, as is set forth in the original contract between the parties in Art. II, Sec. 6. This Agreement shall become effective the day and year below written. EXECUTED this 18th-,- day of_,-- June 1981. �1 CITY OF LUBBOCK, TEXAS BY /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Carroll McDonald Carroll McDonald, Director of Utilities Sales and Service APPROVED AS TO FORM: /S/ John C. Ross, Jr. Ross, Jr., City Attorney J. W. BUCK CONSTRUCTION CO., INC. BY /S/ J. W. Buck. Jr. President ATTEST: /S/ Virginia A. Buck *NOTE: Exhibits A & B are attached and filed with original Agreement and Resolution No. 838. 455 81-40-455-611 Hold a public hearing regarding regulation of wrecker services. (16) In accordance with a Notice posted June.12, 1981, a public hearing was held on the above matter at 1:30 p.m. Appearance: Rick Childers, Admin. Asst., City Manager's Office Charles Hosmar (C & S Wrecker Service) L. B. Dukes (West Texas Finance Adjusters) Royce Parrish (R. P.'s Towing Service) Mike Sizemore Joe Putman (4th St. Auto Transmission Co.) Bob Woods Representative of Rainbow Wrecker Service Wayne Perkins (Perkins Wrecker Service) Bill D. Moss Warren Goss, Attorney Larry Lomas Mr. Childers gave an overview of the proposed ordinance, stating that the item was originally initiated by members of the wrecker service industry, and it was discussed by the Council in the May 28, 1981 Work Session, at which time directives were given to the staff for revising the proposed ordinance in specific sections. Mr. Childers further stated that much time had been given in research and composition of the ordinance by members of the industry and by the City staff, and generally all parties were in agreement. Specifically: Sec. 31-65(a)(5): The question was raised by the industry as to the necessity for applicants/permittees to request this certificate inasmuch as some of the businesses are operating from leased premises; however, the response was that there are taxes levied on equipment and business -related items, which need to be cleared. Sec. 31-66(c): The certification fee was increased to $15.00 per wrecker, and the reinspection fee increased to $20.00. There was no major objection to this. Sec. 31-67(,l)(Class I wrecker --requirements): The question was raised by a member of the industry "what type of testing procedure did the Chief intend to use, or could he use?", to which the response was that there are certified weights and measure agents who would perform this procedure for the City. Sec. 31-67(4): There were many members of the industry objecting to the items"...dust pan, broom, axe, shovel, and dolly (wheels)" especially those in the repo business who do not work accidents nor are on the rotation list, yet are mandated to comply with the ordinance because they do own and operate wreckers for their specialized business. Sec. 31-67(5): Likewise, the same members of the industry objected to the name of their respective business being in 3" letters on the side of their wreckers for the reason that they are in a high risk type of business and easy identification would create problems for their families. They would concur with a coding system or the use of their permit number. This was the general consensus of the industry with the additional statement being made that the -code number being placed on the bed of the wreckers is preferable, as sometimes they change -out beds and retain the tractor portion for updated equipment. Sec. 31-67 (Class II wreckers --requirements): The equipment requirements for this class of wreckers was revised requiring this class to be equipped with air brakes, a power -operated winch for lifting capacity of 25,000 pounds, and two snatch blocks and two scotch blocks are required --these are terms applicable to this industry which prevent vehicles from rolling forward (snatch) or backward (,scotch). The industry concurred. Sec. 31-68 (insurance): At the May 28 Work Session, Mayor Pro Tem Henry requested the staff to confer with Marion Sanford as to these requirements, and Mr. Sanford's response was to the effect that split coverage is less expensive than single coverage, and additionally, it is difficult to find acompany that will write single coverage. Mayor Pro Tem Henry, upon receiving this information, advised the Staff to leave the provisions as stated. Sec. 31-70(d)(Suspension of Permit): This provision was revised at the request of industry members to clarify grounds for violation for business permit by owner/employee of the business. Sec. 31-72 (Maximum fees): For Class I wreckers, the maximum fee for winching was increased to $35.00/hr; the maximum fee for removal of waste debris was increased to-$15.00/hr; and the maximum storage was increased to $5.00 per day. 456 JUN L 8 1981 For Class II wreckers, the maximum fee to be charged from point of origin was increased to $63.00/hr; removal of waste debris increased to $15.00/hr; storage of a towed truck was increased to $7.50/hr and the maximum storage fee of towed tractor/trailer rig was increased to $15.00/hr. The maximum fee for removal and impoundment of vehicle from private lot was increased to $35.00 and maximum storage fee increased to $5.00 /day. (This was also referred to in Sec. 31-76(, private lot.) The industry did not object to the projected maximum fees; however, it was clearly stated that these fees need to be reviewed annually, inasmuch as they will be obsolete within six to eight months. The Council responded that this would be put on the staff's calenda to review annually. Sec. 31-73 (scene of collision): As stated by the industry, this sectiol is in conflict with the State Law, which prohibits a wrecker from leaving the scene of a collision, whether or not he is on call or rotation. This is to say, if they were out on a private call and came upon a scene of an accident, the individual is mandated by state law, whether on rotation or not, to stop and render aid, if needed. This needs to be clarified, as does Section 31-74 (soli( business prohibited), which closely relates to the previous action, the interpretation of the phrase "soliciting business." Sec. 31-76 (private parking hauls): Much discussion was heard by those in a specialized type of business (repos) or those in private business (transmission/body shops) which have need for a wrecker and must therefore comply with the ordinance. Those in private business offer free -tows for their customers and do not work the rotation list or towing service for a fee at all. The businesses that do repos have their own special needs and circumstances, as does the private businessman. Sec. 31-76(e): With respect to this provision, the system being used now by those in the repo business is to "make their pick-up" (,catch -as -catch -can, you might say) and then report to the dispatcher at the police department, in the event a vehicle is reported stolen by the owner; to enforce this provision as stated would be costly in time to the businessman, and it is not practical This position was concurred by those members of the industry involve in this type of business. Sec. 31-77(a)(3) (rotation lists): Considerable discussion was heard with regard to the impracticality of this section, the comments reflecting that these requirements would necessitate approximately two acres of land for storage of 200 cars; that none of the existing businesses have ever had 200 cars at one time for the simple reason that the law mandates disposal of the vehicles within 60 days; that an excessive amount of calls would be about 100 cars every six weeks which would not accrue 200 cars because of the in -and -out disposal process. Additional discussion reflected that paragraph (a) requiring four certified wreckers for Class I is not unreasonable; however, the requirement for two certified wreckers for Class II, each vehicle's gross weight 'being at least 28,500 is unreasonable; that while on rotation, there is no need for two such wreckers when the business has four 7,500 pound wreckers available to work the scene. Furthermore, should the calls be so excessive that the business on rotation cannot handle all calls, the next one up is contacted to supply support service. This provision was also objected to by those in the free -tow and specialized services. Additional comments reflected the need for the rotation list and the compliance to the requirements, as the Police Chief has been showing preferential treatment to one business, the owner of whom is a personal friend. Others in the industry also objected to this partial treatment. At the beginning of the hearing, a counter -proposal to the ordinance was submitted to the Council reflecting the position of the industry, as discuss above. The only notable statement made by Mr. Goss, who indicated he had been retained by the members of the industry interested in the proposed ordinance, was to the effect that most of these requirements as mandated by the Council in the ordinance could be resolved by an arbitration panel/board made up of members of the industry and appointed by the Council, to resolve various infractions of the law, to which the Staff responded that there now exists a Permit and License Appeal Board, to which is the appeal process for those Mo. 457 JUN 18 1981 L in violation or for those who had had a permit denied. The Mayor requested Mr. Goss submit to him a list of those businesses who had retained him. There being no further discussion, the hearing was closed at 2:55 p.m. The industry was complimented by the Council for conducting such an orderly and well - organized hearing to present their view, each member of the industry speaking to specific issues involved and the hearing had been informational as well. 81-40-457-612 Consider an ordinance amending Chapter 31 of the Code of Ordinances, adding Article IV, (17) entitled -'-'Operation of Wrecker and Wrecker Services. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to return the ordinance to the Staff for revising, and specific changes be made in the requirements for Class II wreckers requiring only one 28,500 lb. wreckers (Sec. 31-77(a); that a specific section be created for those specialized businesses dealing in repossessions, and a specific section be created for those private businesses offering free tows; that all revisions be in consultation with members of the industry, and that this matter be discussed in Work Session on June 25. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-457-613 Consider twelve ARp Sj�a(�__nts to the COMMUNITY DEVELOPMENT ADVISORY COMMITTEE, two e ��es,�nt, (62) _fives _�oreYaFsector, I through VI. This item was held. 81-40-457-614 Consider two appointments to the BOARD OF EXAMINERS AND APPEALS (BUILDING). (63) Anderson and Raymond Powell expired 6/l/81. Reappoint: Raymond Powell 4611 - 13th (16) 795-7624 2424 Quaker (14) 799-6649 Term: 6/18/81 - 6/l/85 Newly appointed; Durwood Finley 5413 - 21st (07) 799-0446 Westway Supply Co.,Inc. 130 E. 42nd (03) 747-5161 The terms of Term: 6/18/81 - 6/l/85 81-40-457-615 Consider three appointments to the TRANSIT ADVISORY BOARD. The terms of Eunice Stephens, (64) d­ Maggie ­_—jr ��ZLcexpire 6/24/81. Reappoint: Maggie Trejo Term: 6/18/81 - 6/24/84 Eunice Stephens Term: 6/18/81 - 6/24/84 Vera Newsome MHMR, Personnel Term: 6/18/ - 6/24/84 1 3013 - 2nd Pl (15) 3306 - 55th (13) 2620 - 40th (12) 1210 - Texas 762-3243 797-2517 792-1732 763-4213, ext. 57 81-40-457-616 Consider ap pointments llpo i�ent,�_�R Lh�� ELECTRIC UTILITIES BOARD. The t� - �Rt _ ____ terms _' ' (65) of Ed Breihan and Louis (Jack) Powers expire 6/30/81. This item was held. 81-40-457-617 Consider three appointments to the BOARD OF TAX EQUALIZATION —1981. (66) _9r_.Y1m_'GY1_breath is moving out of town and Vernon Bell was unable to serve; jS�y Houser declined. Wendell Howard 3305 - 76th (26) 792-0366 R. C. Young Seed Co. 624 - 27th (04) 744-1408 David Barksdale 3410 - 91st (26) 795-1779 First Federal S&L 1300 Broadway (01) 762-0491 Alternate: Judy Abraham #28 Brentwood Cir (16) 792-1251 Intimate Apparel 3409 - 50th (13) 793-2626 458 JUN 1-8, 1981 81-40-458-618 Consider two appointments to the SOUTH PLAINS EMPLOYMENT AND TRAINING CON (67) -ffzl&f�-d -OUNCIL: (a) Texas Employment Commission r_eRrejs (b) Vocational Education Agency representative, (I fill the unexpired term of IiLq J2yner, who has moved out-of-town. Texas Employment Commission Representative: Velma Burkham 1602 - 16th (01) 763-6416 (Bus) Vocational Educational Agency: Dr. Ronnie Glasscock 3013 - 66th (13) 795-9361 South Plains College 1302 - Main (01) 747-0576 81-40-458-619 Consider one appointment to the SOUTH PLAINS EMPLOYMENT AND TRAINING (68) CONSORTIUM PRIVATE INDUSTRY COUNCIL, to serve as representative j�:� the Texas Employment Commission. Texas Employment Commission Representative: Velma Burkham 1602 - 16th (01) 763-6416 (Bus) (.or her designee) 81-40-458-620 Consider appointing three organizational representatives --- the Community (69) Commission to replace the United Latin Americani Citizens, -Ifz-ST Lubbock Baptist Min_is_t_ers` c iat ion, and Lubbock Christian College: these terms expired March 31, 1981. Approved organizations; each organization selects its representative Lubbock Christian College East Lubbock Ministerial Alliance League of United Latin American Citizens (LULAC) The motion was made by Councilwoman Baker, 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. There being'no further business, the motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to adjourn at 3:20 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and .Councilwoman Baker voting Yea; none voting Nay. 4,AL i M ISTI'tR.,-* YOR.----.-. ATTEST: �C i 4�t�y Secre a -Y�re�a surer Evelyn Gaf?;� READ AND APPROVED THIS 9TH DAY OF JULY, 1981. BMAY I Mc Mc ATTEST: y Evelyn GaQgg-'a'--( L4tyeg�e r M reasurer