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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/25/1985459 JUN 2 5 1981 77 a i 81-40-459-621 ( 1) 81-40-459-622 ( 2) 81-40-459-623 ( 3) 81-40-459-624 ( 4) 81-40-459-625 ( 5) 81-40-459-626 ( 6) 81-40-459-627 ( 7) 81-40-459-628 ( 8) CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JUNE 25, 1981 9:30 A.M. The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, June 25, 1981, at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall. Those present: Mayor Bill McAlister, Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, Councilman M. J. Aderton, Councilwoman Joan Baker, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None. The invocation was given by Jim Bertram, Director of Planning. Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. Citizen Appearances Board Appointments Wendell Howard David Barksdale Judy Abraham Velma Burkham Dr. Ronnie Glasscock Proclamations Board of Tax Equalization Board of Tax Equalization Board of Tax Equalization South Plains Employment and Training Consortium -Planning Council and South Plains Employment and Training Consortium -Private Industry Council South Plains Employment and Training Consortium -Planning Council "June Dairy Month" - Month of June, 1981 Receiving: Patricia Smithee, Dairy Council, Inc. "Amateur Radio Weekend" - June 26 - 28, 1981 Receiving: Bo Collier, President of Lubbock Amateur Radio Club Mr. Collier indicated there would be an emergency radio service held at Maxey Park from 12 noon, Saturday, June 27 through 12 noon, Sunday, June 28 for the purpose of practicing emergency communication skills in the event of national disaster or related situations. "Export Day" - July 6, 1981 Receiving: Max Tarbox, Chairman of International Trade Committee Mr. Tarbox indicated that the purpose of this proclamation was to develop international sales in trade relations, specifically in the Lubbock area. Doc Savage of Bread of Life Restaurant will appear to request a loud speaker Mr. Doc Savage, owner of Bread of Life Restaurant, appeared before the Council to indicate that they were wanting to hold "A Concert of Praise" for two hours on Sunday, June 28 from 3 to 5 p.m. The Peacemaker is a christian musical group who will provide the entertainment. The purpose of the request is to use loud speakers for the concert which will be held in the parking lot in front of the Restaurant. In response to Council query, there had been no objections expressed by the neighbors in the area. The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve the above request for the use of a loud speaker on June 28, 1981, from 3 to 5 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. M Ordinance No. 8202.(6/25/81) amends Ordinance No. 8202 Ord. 8167 (4/9/81) An ordinance amending ordinance No. 8167 relating to taxicabs, limousines and other_ vehicles for hire. JCR:cl ORDINANCE NO. 8202 460 JUN 2 5 19�t 81-40-460-629 Ordinance No. 7871 An ordinance abandoning and closing portions of 40th Street between_ Flint and Elgin Avenues (Lots 9-16, McMath Addition)._`�� _______a ORDINANCE NO. 7871 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PROTIONS OF STREET: 40th STREET BETWEEN FLINT AND ELGIN AVENUES THAT IS ADJACENT TO LOTS 9 THROUGH 16 (INCLUSIVE) MCMATH ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40-460-630 Consider a resolution authorizing the Mayor to execute a `dedication deed (10) (Tract A, McMath Addition) (Ord. 7871, above). Resolution No. 852 AA:pc RESOLUTION NO-852 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 Dedication Deed for Tract A, McMath Subdivision, City of Lubbock, Lubbock County, 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 25th , (:ay of+� June /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: / S / _Evel)n Gaf f ga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim_ Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: /S/ Angela Adams_ __ __ Angela Adams, Assistant City Attorney STATE OF TEXAS COUNTY OF LUBBOCK This is to certify that the City of Lubbock, Lubbock County, Texas, is the owner of that tract of land, more particularly described as follows, to -wit: Tract "A", a replat of Lots 9 through 16, Block 1, McMath Subdivision, an Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at the original Northeast corner of Lot 16, Block 1, McMath Subdivision, an Addition to the City of Lubbock, Lubbock County, Texas; THENCE South a distance of 190.00 feet; THENCE West a distance of 400.00 feet; THENCE North a distance of 190.00 feet; THENCE East a distance of 400.00 feet to the Point of Beginning. and the above described property is hereby platted into lots and blocks, r1Pc;unat;nP, streets_ al_levs_ and other public nronerties as thereon 461 81-40-461-631 (11) 81-40-461-632 (12) shown on the attachedpap; NOW THEREFORE, KNOW ALL MEN BY THESE E t SE PRESENTS, that for and in consideration of the special benefits to the remainder of any properties belonging to the City of Lubbock, the undersigned does hereby DEDICATE all the streets, alleys, and other public properties thereon shown and designated upon said map to the PUBLIC for public use forever; and by these presents, does impress the name of TRACT A, the McMath Subdivision, an addition to the City of Lubbock, Lubbock County, Texas, upon said property for the correct reference and description thereto by lots and blocks as indicated upon the attached map, and does hereby adopt the name hereinabove stated and impress the same upon said land, incorporating said map as a part of this dedication. EXECUTED this the 25th day of June 1981. THE CITY OF LUBBOCK /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, on this day personally appeared BILL McALISTER, Mayor of the City of Lubbock, 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 expresssed, in the capacity therein stated, and as the act and deed of the City of Lubbock. 0M. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ___26th day of June__.__, /S/ Olivia R. Solis Notary Public, Lubbock County, Texas My Commission Expires 12/5/81 The Council passed Ordinance No. 7871 on May 24, 1979 to close a portion of 40th Street between Flint and Elgin. This is a park site adjoining the Wheelock Elementary School grounds. Ordinance No. 8096 An ordinance abandoning and closing A portion of 20th Street, McCrummen Park Subdivision (Senior Citizen Center). DGV: cl ORDINANCE NO. 8096 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTION OF A PUBLIC STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, MORE PARTICULARLY DE- SCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SUCH STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Consider a resolution authorizing the Mayor to execute a dedication deed _(portion of 20th Street, McCrummen Park Subdivision) (Ord. 8096, above). Resolution No. 853 AA: pc RESOLUTION NO. 853 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 Joint Dedication Deed with the Lubbock Independent School District for Tracts A and B, McCrummen's Second Addition, Lubbock, Lubbock County, Texas, attached herewith which shall 462 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 -,_._25tl,__day BILL McALISTER, MAYOR ATTEST: LE/ Evelyn Gaff ...... Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Jim Weston, Director of Community Facilities APPROVED AS TO FORM: /S Angela Adams, Assistant City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK JOINT DEDICATION DEED This is to certify that the City of Lubbock, Lubbock County, Texas, and Lubbock Independent School District, are the owners of that tract of land, more particularly described as follows, to -wit: Tracts A and B, a replat of Block 7, McCrummen's Second Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING 50 feet East from the Southeast corner of Lot 24, Block 53, McCrummen's Second Addition to the City of Lubbock, Lubbock County, Texas; THENCE East a distance of 312.7 feet; THENCE North a distance of 300.00 feet; THENCE N. 04'48'06" W. a distance of 50.18 feet; THENCE North a distance of 36.27 feet; THENCE N. 08032'22" W. a distance of 261.63 feet; THENCE West a distance of 269.65 feet; THENCE South a distance of 645.00 feet to the Point of Beginning. and the above descrbed property is hereby platted into lots and blocks, designating streets, alleys, and other public properties as thereon shown in accordance with the attached map, prepared by Tommie E. Anderson, a registered public surveyor for the State of Texas, on the 6th day of October, 1980, and approved by the Planning Commission of the City of Lubbock on the 6th day of August, 1980, and desiring to have the said property platted and duly filed for record as required by law, all as shown on the attached map; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the special benefits to the remainder of any properties belonging to the City of Lubbock, and the Lubbock Independent School District, the undersigned does hereby DEDICATE all the streets, alleys, and other public properties thereon shown and designated upon said map to the PUBLIC for public use forever; and by these presents, does impress the name of TRACTS A AND B, the McCrummen's Second Addition, an addition to the City of Lubbock, Lubbock County, Tex I as, upon said property for the correct reference and description thereto by lots and blocks as indicated upon the attached map, and does hereby adopt the name 463 77� hereinabove.stated and impress.the same upon said land, incorporating said map as a part of this dedication. EXECUTED this the 25th day of June 1981. THE CITY OF LUBBOCK /S/ Bill McAlister_ BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer LUBBOCK INDEPENDNET SCHOOL DISTRICT /S/ Monte Hasie TITLE President of Board of Trustees ATTEST: /S/ Jose S. Ramirez STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, on this day personally appeared BILL McALISTER, Mayor of the City of Lubbock, 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 expresssed, in the capacity therein stated, and as the act and deed of the City of Lubbock. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 25th_ day of June 1981. /S/ Evelyn E. Gaffga Notary Public, Lubbock County, Texas My Commission Expires -,--9-30-84 STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, on this day personally appeared Monte Hasie of the Lubbock Independent School Distirct, known to me to be the person 4&s_e name is subscribed to the foregoing instrument, and acknolwedged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of the Lubbock Independent School District. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 23rd day of June 1981. ISI Jo Watson Notary Public, Lubbock--- — — C-o-u—nty,-Te—xa-s My Commission Expires May 31, 1985 Ordinance No. 8096 was approved on first reading on August, 28, 1980 to abandon and close 20th Street from Avenue T to Avenue U, said area to be used for parking at the new Central Senior Citizen Center. The area would contain 39 parking spaces. The Board of Trustees for LISD has raised no objection, inasmuch as the area is adjacent to the Dupree Elementary School; however, they requested the use of 19-20 parking spaces for the School's staff during school hours. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8202 on second and final reading; to pass Ordinance No. 7871 on second and final reading, and to pass Resolution No. 852 authorizing a dedication deed; to pass Ordinance No. 8096 on second and final reading, and topass Resolution No. 853 authorizing a dedication deed. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brownland-lAderton and Councilwoman Baker.vo.ting.Yea; none.voting Nay. 464 81-40-464-633 Consider a resolution authorizing the Mayor to execute a contract with (13) the Transit Management Company and Texas Tech University. Resolution No. 854 This contract renews campus bus service for the period of October 1, 1981 and ending August 31, 1982. The hourly charge for this service has been increased to $20.25 per hour, plus a fuel adjustment cost of 2.5 times Citibus fuel cost above the present cost of $1.05 per gallon. Citibus will be required to provide 10,758 hours of service under the contract, and Texas Tech has the option of reducing the number of hours. The estimated amount of the contract is $217,850 for the assumed 10,758 hours of service at an hourly rate of $20.25. In response to Council query, the proposed hourly fee includes depreciation Additionally, Councilman Brown requested the revision of the rate ($20.25); that is the composition of the rate figures from which this amount is derived. Councilwoman Baker indicated she intended to vote approving this contract. However, she requested that a closer look be taken at the actual cost to operate these buses on campus and requested detailed calculations from which the hourly rate is determined. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Resolution No. 854 authorizing the contract with Texas Tech. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:bs RESOLUTION NO. 854 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 Transit Management Company of Lubbock, The Board of Regents of Texas Tech University at Lubbock, Texas, and the City of Lubbock, Texas, for bus service on the campus of Texas Tech University, 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 -.-.25th,_-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/ John L. Wilson John L. Wilson, T�_s:[t_Co`®rdin_ator /S/ Donald G. Vandiver -,Va—nd-,i-v-,e-r-,--F-,i--r-s-,t-,-A-s-,s--t-.- _C_i*_t­y­_Attorney JVN 25 7987 AGREEMENT This agreement, made and entered into this 25th day of June, 1981, by and between TRANSIT MANAGEMENT COMPANY OF LUBBOCK (hereinafter referred to as the "Company"), THE BOARD OF REGENTS OF TEXAS TECH UNIVERSITY at Lubbock, Texas (hereinafter referred to as the "University"), and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation (hereinafl referred to as "City"). W I T N E S S E T H : WHEREAS, the parties hereto are aware of the traffic and parking problems on the campus of the University as it relates to the expanding campus and the increasing number of students, staff, and faculty of the University; and WHEREAS, the above named parties are desirous of relieving some of the traffic congestion and expediting transit between areas in and immediately adjacent to said University campus; and WHEREAS, Company and City have entered into a management agreement dated August 23, 1979, in which City is obligated to provide certain insurance covering the operation of the public transportation services in and around the City of Lubbock including the services provided under this agreement; and WHEREAS, this agreement embodies the intention and resolution of the above named parties: NOW, THEREFORE WITNESSETH THIS AGREEMENT: N Term It is agreed and understood by and between the parties hereto that a University bus service utilizing approximately eight (.8) buses will be provided by Company during the period beginning with October 1, 1981, and terminating on August 31, 1982, provided, however, that either Company or University may terminate said bus service upon thirty (30) days' written notice delivered to the other by registered mail. Bus Operations With respect to bus operations, Company and University agree that the following conditions shall apply: A. Company will furnish buses having a seating capacity (Manufacture rated) of not less than 33 with driver operated front and side doors. It is agreed that certain seats may be removed from said buses to facilitate the ingress and egress necessary to accommodate the high volume of passenger turnover; except that all buses will provide seats for not less than 26 passengers. The Company will provide the necessary personnel to service the route or routes designated by the University during the period specified in the preceding Paragraph I of this Agreement. The number of buses and the operating periods will be subject to continuous review, and the University will advise Company with regard to its needs and with respect to any changes in the number of buses and/or operating periods; subject to equipment availability, said changes shall be instituted by Company within five (5) days after receipt of written notice from University. Initial service commencing on October 1, 1981, shall be on a schedule provided by the University prior to that date. B. In the event that it develops during any portion of the period first specified in Paragraph I hereinabove, that a change in or extension of a route, removal of a route, or addition of a new route is necessary or desirable, Company shall make such changes or extensions of a route or routes, shall remove a route, or shall add a new route upon University's request. The charges to be made by Company, therefore, shall be upon the basis, and shall be subject to the conditions and limitations, as are set forth in Subparagraph E of this Paragraph hereinbelow. Also in the event it develops during said period that an additional bus or buses are required in order to meet the demand for said bus service during any operating period or periods, Company, if it is able to provide same, at the University's written request, shall provide such additiona" bus or buses for said service during said operating period or periods upon the same basis, as is set forth hereinabove. University shall have the right to terminate any such changes, extensions, or new routes upon five (5) days' written notice to the Company. C. Buses shall stop to receive or discharge the passengers entitled to use, and using, bus service at such points as shall be agreed upon from time to time during said period, between Company and University, and University will identif the points at which stops will be made by said buses. Acceptable markers will be provided by the Company. MM D. Company will exercise due diligence to adhere to the time schedules hereinabove referred to, but minor deviations theref due to variations in traffic, weather or load conditions shall not be deemed to be a default hereunder. E. Company shall not collect fares from its passengers, but shall charge University for providing said bus service the sum of twenty dollars and twenty-five cents ($20.25) per hour base rate for each bus used in said service, which charge shall be adjusted each month to reflect any increase above the monthly average of the actual price paid per gallon of fuel in that month by Company and a base figure of $1.05 per gallon. The adjustment shall be based on fuel consumption of 2.5 gallons per hour of operation per vehicle and shall be accomplished according to the following formula: Adjusted Hourly Rate per Vehicle = Base Rate + 2.5 x Fuel Cost Above $1.05 per gallon. Company shall submit an invoice at the end of each month showing the amount due for service provided. Contemporaneously therewith, Company will present University with a billing at the close of operations on the last day of each month. Such bill to be paid as promptly as possible in the usual course of University business. The Company will provide income and expense statements at the end of contract period. Supplemental Bus Service In addition to the scheduled bus service over specified routes as provided for in Paragraph II hereinabove, Company shall furnish such other suppleme service, if equipment is available, for the transportation of such special groups as may be designated by University. Such supplemental service shall be furnished by Company at any time during the hours from 7:00 a.m. to 11:30 p.m., upon receipt of three (3) days' written notice from University. Company will charge University for providing said supplemental service the sum specified in Subparagraph E of Paragraph II hereinabove, for each bus used in said service. Billing periods and reports of Subparagraph E of Paragraph II hereinabove, and subject to Paragraph II, Subparagraphs A and B. IV. Publicity University will undertake and conduct a program designed to publicize the existence of said bus service and to acquaint its staff members and students with the availability of the same during the period in which it is provided in accordance with and under the Agreement. The Company will provide appropriate time tables for convenience of students. V. Service Provided Company will provide and use at all times, buses that are in good and safe mechanical condition, and are also in reasonably clean conditions, and will also provide competent and duly licensed drivers by whom said buses shall be driven, and Company will assume full and complete responsi for the condition of said buses and the qualifications and competence of their drivers, at all times, and University assumes no obligations whatsoever for either of the same. VI. Independent Contractor Relationship In providing and furnishing said bus service during the term hereof, Company shall act solely in the capacity of and as an independent contrac and not as an agent or employee of University, and University shall have no control over Company's operations in connection with providing said service except as hereinabove provided and University shall have no control or supervision whatever over the drivers of the buses used in said service who shall be employed by Company. Said drivers shall constitute Company's employees only, shall not constitute agents or employees of University, and shall be subject solely to Company's supervi and control. Iital ity IE 467 SUN 25 1981 A. It is recognized by the parties hereto that Company and the City of Lubbock, Texas, have entered into an agreement for the purpose of Company providing transportation services in and around the City of Lubbock, including to the University. That under said agreement the City carries and keeps in force an insurance policy insuring both City and Company against liability for personal injury or property damages arising out of the operation of said bus services and that the services provided herein are also conducted pursuant to the Agreement between the City of Lubbock and Company. At all times during which Company shall provide the bus services mentioned herein and upon the above and foregoing terms and conditions, University shall be protected under City's insurance coverage against liability and personal injuries or personal damages arising out of the operations of said bus service to the extent of at least $100,000 for personal injury to any one person, $300,000 for each occurrence, and $50,000 for property damages sustained in any accident or occurrence arising out of the operation of said bus service and the University shall be furnished a certificate of City's insurer showing coverage to be at least in the sums just stated. Said insurance policy shall name and include "The Board of Regents of Texas Tech University" as names insured. Said policy or policies shall, upon request, be subject to the examination and approval of University. B. Company,, as a named insured under City's insurance coverage, assumes to the extent of the insurance coverage maintained by the City, the risk of and University shall not be liable for damage to any and all buses or other Company property used in the bus service operation regardless of the cause thereof. To the extent of the proceeds of such insurance, the University shall be reimbursed for any damage or injury to University property arising out of or resulting from the said bus service operation except that no such reimbursement shall be made for (1) damage to pavement by normal operation of buses, or (2) any damage or injury caused by acts or omissions over which Company, its employees, or agents had no control. VIII. Maintenance Company agrees to maintain and operate said bus service and the buses used in providing the same in a safe, efficient and lawful manner and, in so doing, shall comply with all applicable statutes, municipal ordinances, and traffic rules and regulations promulgated by the University. IX. Miscellaneous A. It is further agreed that this Agreement is made solely for the benefit of University and Company, that it is not made for the benefit of any third person, whether a staff member or student of University, or otherwise, and that no action or defense may be founded upon this Agreement except by the parties signatory hereto. B. In no event shall the Company be deemed to be in default of any provision of this Agreement for failure to perform where such failure is due solely to strikes, walkouts, civil insurrections or disorders, acts of God, or for any other cause or causes wholly beyond the control of the Company. In such eventuality, the University shall have the right to procure appropriate transportation service from others during the period. If, for any reason beyond the control of the University, including but not limited to epidemics, student strikes or disorders, or severe weather conditions, the University may, upon twelve (12) hours' notice to the Company, request the temporary suspension of bus service until the resumption of normal class schedules, in which event the Company will not furnish buses or be paid for services until the resumption of service. The University shall, in such cases, notify the Company twelve (12) hours in advance of the time service is to be resumed. EM JUN 2 5 81-40-468-634 (14) IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed in their respective names and behalf by their duly authorized officers and agents and their respective seals to be hereunto affixed, all as of the 25th day of June, A.D. 1981. TEXAS TECH UNIVERSITY /S/ Lauro F. Cavazo Dr. Lauro F. Cavazos, President and Chief Executive Officer ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga City Secretary -Treasurer TRANSIT MANAGEMENT COMPANY OF LUBBOCK /S/ Dwight Maddox Dwight Maddox, Vice President ACKNOWLEDGED AND AGREED TO only in as far as set out in Section VII A and B: CITY OF LUBBOCK /S/ Bill McAlister Bill McAlister, Mayor Approved as to content: /S/John L. Wilson John L. Wilson, Transit Coordinator Approved as to Form: ISI Donald G. Vandiver Donald G. Vandiver Assistant City Attorney Consider contractor's request for extension of time to complete paving improvements _(_qkWq 7917). W. D. Turner Construction Company entered into a contract for Community Development paving projects and request an extension of time for the reasons that there was a delay in relocating the utilities on the Quirt Avenue portion of the project, and there are 28 alley stubs added to the contract which require an additional three weeks. The request is for an extension to begin Monday, June 29, and the project to be completed Monday, July 20. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve the contractor's request allowing for an extension of time to complete paving improvements itemized in CDWO 7917, said extension to terminate July 20, 1981. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-468-635 Consider a resolution authorizing the Mayor to execute a Consent to (15) Assignment Agreement bV Hill Rent-A-Car Co., Inc. to National Car Rental Inc. Resolution No. 855 National Car Rental has been operating at the Lubbock International Airport through a franchise owned by Hill Rent-A-Car Co., Inc. Mr. Hill has sold his operation back to the National System. The lease agreement was executed on March 7, 1977, and states that an assignment cannot be completed without written consent of the City. The effective date would be July 1, 1981, the present contract terminating December 31, 1981. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution No. 855 approving the Consent to Assignment Agreement from Hill Rent-A-Car Company, Inc. to National Car Rental System, Inc. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 469 JON 2 5 198, AA: pc RESOLUTION NO. 855 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Consent to Assignment between Hill Rent A Car Co. Inc., and National Car Rental System, 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-, 25th day of-.-.- June ..--­-------­--, 1981. /S/ Bill McAlister BILL McALISTER, ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Marvin Coffee _ Marvin Coffee, Director _­o_,iKv*iatTon /S/ Angela Adams Angela Adams, Assistant City Attorney CONSENT TO ASSIGNMENT The undersigned, the City of Lubbock under that certain Agreement, dated March 7, 1977 and supplemented by a Supplemental Lease Agreement dated April 12, 1979 between the City of Lubbock and Hill Rent A Car Co. Inc., does hereby consent to the assignment by Hill Rent A Car Co. Inc., ("Assignor"), to National Car Rental System, Inc., ("Assignee"), a Nevada corporation, of all right, title and interest of Assignor in and to said Agreements provided that such assignment is made on the terms and conditions set forth in the form of Assignment attached hereto as Exhibit A, and provided further, that the foregoing consent shall not be deemed to be a consent to any future assignment or subletting of said Agreements or premises. The undersigned does hereby further agree as follows: 1. Said Agreements are in full force and effect and are unmodified except as set forth; 2. To the best knowledge of the undersigned, rent and all other sums due and payable under said Agreements have been paid in full to the date hereof; 3. To the best knowledge of the undersigned, there are no defaults under said Agreements and no event has occurred or is occurring which, after notice or the passage of time or both, will result in a default thereunder; 4. From and after such assignment, the term "Lessee" as used in said Agreements shall be deemed to refer to National Car Rental System, Inc.; 5. From and after such assignment, the undersigned hereby agrees to send any notices required under said Agreements to: National Car Rental System, Inc. 7700 France Avenue South Minneapolis, MN 55435 Attention: Properties Department 6. This Consent shall not be construed to authorized any further assignment of said Agreements in whole or in part, to any other persons nor is this Consent to be construed to affect or alter any of the terms, covenants or conditions of said Agreements except as expressly provided herein. 470 JUN 2 5 1981 7. This Consent shall in no way release the "Assignor" hereunder from any liabilities incurred under the said Agreement of March 7, 1977 and the Supplement thereto of April 12, 1979. ATTEST: S Ga f f ga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Marvin Coffee Marvin Coffee, Director of Aviation /S/ Angela Adams - --------- Angela Adams, Assistant City Attorney THE CITY OF LUBBOCK /S/ Bill McAlister TEE, ­M`­AL,_I S­T ER--,,-, _MA_Y_0_ R__ 81-40-470-636 Consider claims against the City. (16) a. Claim No. 81-C-433 Avalanche -Journal $2,297.22 auto damage At the 8:30 Work Session, the Council was apprised that there would be a representative wishing to speak to this claim at the Regular Meeting. BY CONSENSUS, permission was granted. At the Regular Session, Mr. David R. Langston, Attorney for Avalanche -Journal, appeared to present the facts from the claimant's point of view as to the negligence of the City regarding property damage whereby the claimant's vehicle, by choice, veered from the paved street in an attempt to take a short cut to his desired destination and encountered a ditch and utility easement, wrecking the vehicle. Mr. Langston presented photograph exhibits showing the location and the condition of the vehicle; all the photographs were retrieved by the claimant following the action of the Council and are not presently a part of the official file. In response to the presentation, City Attorney Ross, stated that the City is not liable for traffic on utility easements; that to approve such a claim would establish a precedent; and it was his recommendation that the claim be denied and points of law be settled in a court of law if claimant so desires. The motion was made by Councilman Brown, seconded by Councilwoman Baker to accept the recommendation of City Attorney Ross and 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. b. Claim No. 81-C-450 Est. of Mildred L. Griffin $2,246.35 water damage from frozen and burst pipes Ms. Linda Jan Proctor, Executrix of the above referenced Estate, has filed a claim for damage resulting from frozen water pipes in a mobile home located at 4706 Auburn. The facts revealed from the investigation indicate that the gas line to the pilot light to the furnace in the mobile home was severed through the use of a backhoe by City workmen and entrance could not be gained due to the property being empty. City Attorney Ross indicated that there was indication that it was the City's responsibility to this claim due to property damage resulting from the operation of a backhoe, and recommended payment in its entirety. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve the above referenced claim in its entirety in the amount of $2,246.35, as recommended by City Attorney Ross. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. C. Claim No. 81-C-470 Gene Veals $270.00 damage (rust) to 22 pistol and mold to case This claim results from a firearm being supposedly damaged while in the police property room. City Attorney Ross indicated the damage does not appear to be due to City negligence, and recommended that it be denied. 471 JUN 25 1981 �I L -40-471-637 (17) 1-40-471-638 (18) 1-40-471-639 (19) The motion was made by Councilwoman Baker, seconded by Councilman Brown 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. d. Claim No. 81-C-478 Messrs. John McLarty, $2,500.00 Marvin McLarty, Jr., & Carol Graham property damage (1609 - 21st) Messrs. John and Marvin McLarty appeared before the Council to present their claim for Council consideration. In essence, the claim results from the demolition of a house at the above address without proper notice to the owner of record. The assessed tax value of the house on the City's Tax Roll is $2,500. The claimants indicated that the house was of value to them, although it had been red -tagged as substandard, in that the house could be moved to farm property, and the fact that the house was under contract of sale to a Rudy Moncibaiz, who appeared at the hearing regarding the substandard conditions of the house and presented himself as the owner of the property and subsequently signed for the Order regarding the proposed demolition as issued by the Housing Standards Commission. It did not, from the claimants' point of view, remove the responsibility of City staff from checking the deed records as to the owner of record as provided for in the ordinance. Following a slide presentation by Director of Planning Jim Bertram showing the condition of the house as presented at the hearing to the Housing Standards Commission, it was the recommen of City Attorney Ross that a settlement of $1,500 be offered to the claimants. Upon completion of the discussion and the chronological chain of, events, which is on file in the Office of the City Secretary in the above referenced claim, the motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown that although the staff of the Zoning Department was not negligent per se, it was felt that a more thorough check of the deed records should have been made to determine the owner of record as stipulated in the ordinance and as a result, that the claim be approved in its entirety in the sum of $2,500, plus removal of the lien against the premises, said lien resulting from the demolition cost. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Bid No. 6385 for envelopes (Utility Collection). Low Bidder Dixon Paper Company, Lubbock, TX ($6,556.79) Bid No. 6396 for steam cleaner (Garay (Rev. Sharing). Low Bidder Air Machinery Company, Inc., Lubbock, TX ($11,304.35) Bid No. 6394 for well collector lines (Sandhills Well Field), and authorize same (Water Utilities Eng.). +� Low Bidder Rhodes Pipe Company, Silverton, TX ($105,548.20) Resolution No. 856 JWF:pc RESOLUTION N0. 856 — Improvements accepted - 10/22/81. 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 Rhodes Pipe Company for the construction, laying, and installation of well collector lines, Wells 231-240, Sanhills Well field, 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 25th day of June ,1981. /S/ Bill McAlister _ BILL McALISTER, MAYOR ATTEST: _/_S/ Evelyn Gaffga Y Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: tic /S/_ Guy Wilson Guy Wilson, Utilities Engineer APPROVED AS TO FORM: /S/ J. Worth Fullin im - 472 JUN 2 5 1981 Director of Purchasing Floyd Nesbitt indicated that all of the above reflect the low bidder and meet specifications. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve Bid Nos. 6385, 6396, and 6394, and to pass Resolution No. 856 authorizi the contract associated with Bid No. 6394, referenced above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilw Baker voting Yea; none voting Nay. 81-40-472-640 Consider two _appointments toj the HUMAN RELATIONS COMMISSION to fill the (20) term of Roy Pope, deceased,and the term of Tim Hatch which ��RLr�s July 27. Reappointed: Tim Hatch 4506 - 15th (16) 799-0514 4912 Frankford (07) 797-4141 Term: 6/25/81 5/25/84 Appointed: Dennis Brice 5430 - 15th (16) 797-6456 Exec. Dir. Goodwill Industries, Inc. P.O. Box 2902 (08) 744-8419 Term: 6/25/81 - 5/25/82 81-40-472-641 Consider one appointment to the ZONING BOARD OF ADJUSTMENT (Alternate member). (21) Sally Kersey declined her appointment. This item was deleted. 81-40-472-642 Consider twelve appointments to the COMMUNITY DEVELOPMENT ADVISORY COMMITTEE, (22) two from each sector i thru VI. SECTOR I Reappointed: Leroy Montoya 4615 Kemper (16) 765-8981 Merrill Lynch 1500 Broadway (01) 747-3131 Term: 6/25/81 - 5/31/83 Appointed: Otis Cooks, Jr. P.O. Box 1141 (08) 762-8162 Term: 6/25/81 - 5/31/83 SECTOR II Reappointed: Curtis Gipson 2412 E. 9th (04) 762-4237 Prin.-Estacado H.S. 763-7021 Term: 6/25/81 - 5/31/83 Appointed: _Lijted: Rose Wilson 212 - 51st (04) 763-1807 Term: 6/25/81 - 5/31/83 SECTOR III Reappointed: Mrs. Ruth Douglas 1714 - 30th (10) 744-2053 Term: 6/25/81 - 5i3l/83 Appointed: L. G. Pierce, Jr. 2825 - 24th (10) 795-0938 Term: 6/25/81 - 5/31/83 SECTOR IV Reappointed: William B. (Bill) Homes 3113 - 45th (13) 799-8389 Term: 6/25/81 - 5/31/83 473 JON 25 ISS, Appointed: JoAnn Schneider (Mrs. Jack) 3301 - 43rd (13) 799-6491 Term: 6/25/81 - 5/31/83 SECTOR V Re,a_ppoijte,d. Keith V. Samples 4706 - 62nd (14) 797-9582 7,1111" Texas Tech Athletic Dept. 742-3315 Term: 6/25/81 - 5/31/83 Appointed: Joan Smith (Mrs. Ed R.) 3519 - 57th (13) 795-2069 Term: 6/25/81 - 5/31/83 SECTOR VI Fill Appointed Curtis Sterling 4611 - 14th (16) 795-3779 Court Place Bldg. 763-1951 Term: 6/25/81 - 5/31/83 Kay Woods (Mrs. Jack) 5205 - 18th Pl. (16) 795-5640 Term: 6/25/81 - 5/31/83 81-40-473-643 Consider one appointment to the CITIZENS TRAFFIC COMMISSION to fill the_�Lje 2�p_Li� term of (23) Thomas Longoria, who has resigned. Durward (Pug) Mahon 3119 - 19th (10) 795-9876 (to fill the unexpired term of Thomas Longoria) Term: 6/25/81 - 7/13/83 The motion was made by Councilman Aderton, seconded by Councilman Brown 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 Councilman Aderton, seconded by Councilman Brown to adjourn at 12:32 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 44� Mci STD MAOR ATTEST: � -a -, City Secret Gaf-Treasurer READ AND APPROVED THIS 9TH DAY OF JULY, 1981, r 44f V­N 4�L Wcl�Is /R. MAYOR ATTEST: _i�; elyn d_ga,-City c t jl:y-T�reasurer