HomeMy WebLinkAboutMinutes - City Council - Regular - 9/10/1981A "I
SEPT 10, 1981
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
SEPTEMBER 10, 1981
At 8:37 a.m., Mayor McAlister announced that an Executive Session would be held
to consider land acquisition and personnel matters. This announcement was in
accordance with Section 2F, Art. 6252-17, V.A.T.S.
The City Council of the City of Lubbock, Texas, met for its regular meeting
Thursday, September 10, 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.
81-40A-607-840 The invocation was given by Mayor Bill McAlister.
( 1)
81-40A-607-841 The Pledge of Allegiance to the Flag was given in unison by those present in
( 2) the Council Chambers.
Citizen Appearances
81-40A-607-842 Board Appointments
4)
None.
Proclamations
81-40A-607-843 "Easter Seal Armadillo Day" - September 12, 1981
( 5)
Receiving: Judy Teague, Easter Seals Field Representative
81-40A-607-844 "Forget -Me -Not Drive Days" - September 11-19, 1981
( 6)
Receiving: Lester Dunn, Commander of Disabled American
Veterans, Chapter 44
Charles Skidmore, Chairman of Forget -Me -Not Drive
81-40A-607-845 "Constitution Week" - September 17-23, 1981
( 7)
Receiving: Mrs. Clyde Rogers, Constitution Chairman of
Daughters of American Revolution
81-40A-607-846 "Contact Lubbock Week" - September 20-27, 1981
( 8)
Receiving: Dr. William Chapman, Chairman of CONTACT Lubbock
Inc.
Bob Wells, Executive Director of CONTACT Lubbock,
Inc.
81-40A-607-847 Airman of the Month
( 9)
Receiving: Airman First Class James Houghtalin, Airman
of the Month for June, 1981
Airman First Class Francine D. Tennision, Airman
of the Month for July, 1981
81-40A-607-848 Representatives of the Lubbock Industrial Development Corporation will appear
(10) to request Council approval for the issuance of Industrial Revenue Bonds, and
authorize same.
Resolution No. 899
Mr. Peck McMinn, President of the Industrial Development Corporation appeared
and apprised the Council that the Corporation had entered into an agreement
with Ingersoll-Rand Company for the issuance of $10,000,000 Industrial Development
Bonds for the purpose of acquiring certain oil drilling rigs, land acquisition
and related matters. The Corporation approved the request of Ingersoll-Rand
at their August 28, 1981 Board meeting.
Under the Development Corporation Act of 1979 (Section 23, sub -section f) the governing body of the
City must approve by written resolution the agreement between the Industrial Development Corporatiol
and Intersoll-Rand; subsequently, the City Council will have to pass another reoslution at the time
the Bonds are actually sold.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 899
authorizing the issuance of Industrial Revenue Bonds to Ingersoll-Rand. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; non(
voting Nay. RESOLUTION NO. 899
A RESOLUTION by the City Council of the City of Lubbock, Texas, ratifying, confirming and
approving a "Memorandum of Agreement" pertaining to the financing of an industrial
development project betweent he Lubbock Industrial Development Corporation and Ingersoll-
Rand Company.
WHEREAS, the Lubbock Industrial Development Corporation (the "Issuer") has submitted to this
City Council for approval a "Memorandum of Agreement" between the Issuer and Ingersoll-Rand Company
(the "Company") pertaining to the financing of an industrial development project for the Company an(
its subsidiary Ingersoll-Rand Oilfield Products, Inc., such agreement being attached hereto as Exhil
A and made a part of this resolution for all purposes; and
WHEREAS, this City Council has reviewed the foregoing agreement and determined that such projec
will promote and encourage employment within the City of Lubbock, Texas, and benefit the public
wlefare and the same should be approved; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
SECTION 1: That the "Memorandum of Agreement" attached hereto as Exhibit A, by and between
the Issuer and the Company is hereby in all respects ratified, confirmed and approved and the parti(
thereto may proceed with the project described therein and the making of arrangements for the
financing thereof.
SECTION 2: That any bonds, or other obligations, issued as a result of the Memorandum of
Agreement herein approved shall not constitute a debt of the State of Texas, the City of Lubbock,
Texas or any other political corporation, subdivision or agency of the State of Texas or a pledge
of the faith and credit of any of them, but any such bonds or obligations shall be payable solely
from those funds derived and resulting from, any and all agreements by and between the Issuer and
the Company, and all such bonds or obligations issued shall contain on their face a statement
to the effect that neither the State, the City nor any political corporation, subdivision or agency
of the State shall be obligated to pay the same or the interest thereon and that neither the faith
credit nor the taxing power of the State, the City, or any political corporation, subdivision or
agency thereof is pledged to the payment of the principal of or interest on such bonds.
PASSED AND APPROVED, this the 10th
ATTEST:
/S/ Evelyn Gaffga
City Secretary, City of
Lubbock, Texas
(Seal)
day of September—, 1981.
/S/ Bill McAlister
Mayor, City of Lubbock, Texas
APPROVED AS TO FORM:
ISI John C. Ross, Jr.
John C. Ross, Jr., City Attorney
*NOTE: Exhibit A -- Memorandum of Agreement -- is attached and filed with original Resolution
No. 899.
1-40A-608-849 Mike King, Chairman of the Citizens Traffic Commission, will present recommendations regarding a
(11) school zone on 4th Street between Temple and Uvalde., and reduce speed limits on 4th Street.
At the 8:30 a.m. Work Session, the Council was apprised of the recommendations of the Citizens
Traffic Commission resulting from the Commission's recent meeting. The Council was also apprised
that representatives from the Jackson Elementary School wished to speak on this issue; BY CONSENSUS
the Council agreed to permit the spokesman to appear.
At the Regular Meeting, Mike King, Chairman of the Citizens Traffic Commission, once again recommenc
the Commission's recommendations, to wit;
1. The parents of Jackson Elementary School requested that
flashing lights on 4th Street be installed between Uvalde
and Vernon.
2. That the speed limit on 4th Street be reduced to 30 mph from
Avenue Q to University.
3. That a letter from the Mayor to the Highway Department
requesting a survey regarding the speed limits and the
requested reduced speed be initiated.
Mr. King indicated that this matter regarding the flashing lights on 4th Street at this intersection
had been requested at the July 23, 1981 City Council Meeting, said request being denied at that
time. He further indicated this was not a unanimous vote of the Commission, but the majority vote
did prevail.
A representative of the Jackson Neighborhood Association appeared to reiterate the above recommendat
and submitted diagrams of existing school zones where the flashing lights indicated a school zone
was incorporated in and around an existing traffic signal at a major intersection; that there were
159 students who live south of 4th Street necessitating the crossing of this busy thoroughfare.
Unfortunately, since this request was made on July 23, 1981, two school children have been killed at
this intersection due to a motor vehicle running a stop sign. However, this was not negligence on
the part of the City, and the Staff did not feel that the requested reduction in speed limit should
be a major issue. The Citizens Traffic Commission likewise felt that the 40 mph should be maintainer
1,- 1, - -P1 —, —A +-Inn r4 oo4 nn irnt-arl naninci- rcrliinina Hip -_nppei I iTni f- -
Councilwoman Baker indicated she had monitored the intersection on Wednesday, September 9, 1981
at the time that school was dismissed for the day, and it was her observation that most of the
students used the traffic signal with the push button control at the Avenue U intersection;
furthermore, very few children crossed 4th Street at any other location, there being some 10 to
12 children crossing at Vernon and 4th Street.
As a result of the July 23, meeting, some alterations had been implemented: the push button
control which activated the traffic signal was lowered on the north side of 4th Street to bring
it within reach of younger children; the length of the traffic signal when the pedestrian
pushes the button was extended from 22 seconds to 33 seconds; and the adult crossing guard
stationed at this intersection has been reporting on duty earlier to allow those children
coming to school for the breakfast program to receive assistance.
Upon the completion of all discussion and appearances, the motion was made by Mayor Pro Tem
Henry, and seconded by Councilwoman Baker to uphold the CTC's recommendation and request the
Highway Department to do a study to consider putting in flashing traffic lights, with the
understanding that the Jackson PTA and the Jackson Neighborhood Association work with the City
in the event these lights are feasible, to see that the children abide by the rules in crossing
4th Street at the Avenue U intersection. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
(NOTE: The motion related to #3 recommendation only; Mr. Henry did not include the other two
recommendations in his motion. E. Gaffga)
-40A-609-850 Phil Hoel, Chairman of the Parks and Recreation Board, will appear to make the following re
(12)
a. Consider junior and senior weekday green fees.
Mrs. Ethyl McLeod, Chairman of the Golf Committee and member of the Park and Recreation
Board, appeared before the Council to make the following recommendations: All fees at
Meadowbrook Golf Course were considered and approved on July 23, 1981. Inadvertently,
consideration for increasing the green fees for senior memberships and for junior membershipE
was omitted. It is the recommendation of the Board to increase the senior memberships from
$2.50 to $3.50, the senior rate being applicable to those 62 years of age or older.
The increase in the junior rate remains at $2.50 in an effort to encourage young persons
to play golf.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to accept the
recommendation of the Park and Recreation Board increasing the weekday green fees for
junior and senior memberships. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
b. Consider relocation of central park maintenance facility, and appropriate funds (Canyon
Lakes Bond Fund.)
Ordinance No. 8237
The Park and Recreation Board recommends the relocation of the central park maintenance
shop from its present location in Mackenzie Park, to the City owned building located at
Erskine and North Avenue U, formerly used by the Western Truck Part Company.
The improvements to the building would include a new roof, wiring, paving, fencing, interior
and exterior lighting, new overhead doors, heating and air conditioning and shop -related
equipment.
`hlis facility will house all of the equipment used by Park and Recreation, and will include
a paint shop, carpentry shop, irrigation and maintenance shop and some warehousing. The
greenhouse operation will remain at Mackenzie Park and the present facility will be used
as a district maintenance shop.
The funds have been approved from the Canyon Lakes Bond Funds, and the referenced appropriati
ordinance is for this purpose.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve the
recommendation of relocating the central park maintenance facility to Erskine and North
Avenue U. and to pass Ordinance No. 8237 on first reading allocating the appropriate
funds in the amount of $120,000. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
ORDINANCE NO. 8237
WORK ORDER NO.
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certai
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:
Canyon Lakes' Bond Funds the sum of $120,000.00
For the following purposes: Labor
and materials to renovate and equip building
located on Area 2, Parcel 4 of Canyon Lakes Project (former Western Truck Parts building)
into a park maintenance facility.
Prior Appropriation Ordiannce Numbers Issued for this Project
itions:
610
Projected Costs Projected Funding
$120,000.00 Canyon Lakes Bond Funds
AND IT IS SO ORDERED.
Passed by the Council on first reading this 10th day of September 1981.
Passed by the Council on second reading this day of 1981.
BILL McALISTER, MAYOR
ATTEST:
VERIFIED BY: ISI J. Robert Massengale
Evelyn Gaffga, City Secretary -Treasurer J. Robert Massengale
Department Head
-40A-610-851 Ordinance No. 8229
13) An appropriation ordinance authorizing acquisition of land for Avenue K and L widening project,
between 28th and 38th Streets (Street Capital Improvements Fund).
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ORDINANCE NO.
WORK ORDER No
AN APPROPRIATION ORDINANCE
ME
G.W.O. 10,977
WHEREAS, the City,Council of the City of Lubbock finds it is necessary to appropriate certain
specific funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund, to -wit:
Street Capital Improvements the sum of $97,012.12
For the following purposes: Acquisition of land for Avenue "K" and "L" widening
between 28th Street and 38th Street.
Prior Appropriation Ordinance Numbers Issued for this Project 7833
Projected Costs
Right -of -Way Acquisition
Expenditures totalled $114,012.12
$17,000 was appropriated in April of 1979
Projected Funding
1977-1982 Capital Improvements Program
Bond Fund
Passed by the Council on first reading this 27th day of August , 1981.
Passedby the Council on second reading thislOth day of September , 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST: /S/ Evelyn Gaffga VERIFIED BY: /S/ J. Robert Massengale_
Evelyn Gaffga
City Secretary -Treasurer APPROVED BY: /S/ Don Jennings
181-40A-610-852 ordinance No. 8231
(14)
An appropriation ordinance authorizing partial payment to Lubbock Christian College Institute or
Water Research, as per agreement (Sanitary Sewer Capital Project Fund).
*ORD. 8231
mends Ord.
1006
'2/25/80)
See Reso
,81,8/14/80
for contract
ORDINANCE NO. 8231
WORK ORDER NO. 11554
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:
611
CEP 10 1981
81-40A-611-853
(15)
81-40A-611-854
(16)
81-40A-611-855
(17)
81-40A-611-856
(18)
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Sanitary Sewer Capital Projects the sum of $200,000
For the following purposes: To pay Lubbock Christian College Institute of
water research for a portion of payment of lease agreement.
Prior Appropriation Ordinance Numbers Issued for this Project
Projected Costs
Projected Funding
Portion of lease agreement $200,000 Sanitary Sewer Fund Balance $200,000
AND IT IS SO ORDERED
Passed by the Council on first reading this 27th day of August 1981.
Passed by the Council on second reading this loth day of September 1981.
/S/ Bill McAlister Mayor
ATTEST: /S/ Evelyn Gaffga VERIFIED BY: /S/ J. Robert Massengale
City Secretary -Treasurer Director of Finance
APPROVED BY: /S/ Wilford D. Watson
Department Head
-tDINANCE NO. 8224(9/10/31) amends
Ordinance No. 8224 Ordinance N6. 6627 (5/10/73)
An ordinance amending Ordinance NO. 6627 pertaining to speed zone on West 34th Str
AA:pc ORDINANCE NO. 8224
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 6627, OF THE CITY OF LUBBOCK,
TEXAS, PERTAINING TO THE 55 M.P.H. SPEED ZONE, TO READ AS HEREINAFTER SET
FORTH; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Ordinance No. 8225
An ordinance establishing prima facie speed limits for school zones within corporate it
limits; any ordinance in conflict is repealed to the extent of the conflict.
AA:pc
ORDINANCE NO. 8225
11
AN ORDINANCE ESTABLISHING THE PRIMA FACIE SPEED LIMIT FOR THE SCHOOL ZONES
IN THE CITY OF LUBBOCK AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY
OF THIS ORDINANCE; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH
CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA
FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS;
PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF.
Ordinance No. 8226��
An ordinance amending loading zone fees. "�
AA:pc ORDINANCE NO. 8226
AN ORDINANCE AMENDING SECTION 18-2.1 OF THE CODE OF ORDINANCES FOR THE CITY
OF LUBBOCK, REGULATING THE ESTABLISHMENT OF LOADING ZONES AND THE CHARGES AND
COLLECTION OF FEES THEREFOR TO PROVIDE FOR THE MAINTENANCE THEREOF; PROVIDING
FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5
OF THE CITY CODE AND PROVIDING FOR PUBLICATION.
Ordinance No. 8227
An ordinance amending Chapter 33B of the Code regarding installation of mobile homes.
SMH:pc ORDINANCE NO. 8227
AN ORDINANCE AMENDING CHAPTER 33B OF THE CODE OF ORDINANCES, CITY OF LUBBOCK,
TEXAS, (BEING THE MOBILE HOME CODE), BY AMENDING SECTION 33B-4 THEREOF TO
PROVIDE FOR A SINGLE PERMIT FEE FOR THE PLACEMENT OR INSTALLATION OF A MOBILE
HOME; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
612
SEP 10 19
81-40A-612-857 Ordinance No. 8228
(19)
* Or. No. 8228 An ordinance amending Chapter 5 of the Code involving building inspection record cards for
dated (9/10/81) construction sites.
amends Ord. No.
7999 dated (2/28/80)
SMH:pc
ORDINANCE NO. 8228
AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS (BEING
THE BUILDING CODE), BY AMENDING SECTION 305, SUBSECTION (C) THEREOF TO PROVIDE FOR NOTIFICATI
OF PASS OR FAIL REGARDING INSPECTION AND IDENTIFICATION OF THE JOB SITE WITH THE APPROPRIATEL
ASSIGNED ADDRESS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
81-40A-612-858 Ordinance No. 8235
(20)
An ordinance approving and adopting the Budget for FY 1981-82.
*Ord. 8235
aas amended ORDINANCE NO. 8235
)y Ord. 8310
`4/8/82). AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1981-82; APPROVING PROPOSED
BUDGET FIGURES FOR THE FISCAL YEAR 1981-82; PROVIDING FOR NECESSARY TRANSFERS OF FUNDS
BETWEEN ACCOUNTS AND DEPARTMENTS IF REQUIRED; AND APPROPRIATING FUNDS FOR THE 1981-82
FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK.
Ord. 8235 (9-10-81) amended by
81-40A-612-859 Ordinance No. 8236 Ord. 8334 (6-24-82)
(21)
81-40A-612-860
(22)
kWater Pipe Line
License w/Santa Fe
RR filed with Orig.
resolution
An ordinance setting the tax rate and levying a tax on all taxable property within corporate
city limits for 1981.
DGV :da
ORDINANCE NO. 8236
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION
WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1981; APPORTIONING SAID LEVY AMONG THE
VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID
TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITHIN THE
TIME PROVIDED.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinances
8229, 8231, 8224, 8225, 8226, 8227, 8228, 8235, and 8236 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.
Consider a resolution authorizing the Mayor to execute a Pipe Line License with Santa Fe
Railway Co. for a water line (MP 3 + 2887.4').
Resolution No. 900
This license will permit the City to construct a water pipe line crossing the railroad's
property at Municipal Drive and Guava located northeast of the City, the -license is a
permanent arrangement at a cost of $150.00.
JWF:da
RESOLUTION NO. 900
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 a Pipe Line License to be entered into by and between
said City (as Licensee) and The Atchison, Topeka and Santa Fe Railway Company (as Licensor)
for a 35 inches in diameter pipe line and 110.7 feet in length as per specifications
attached to such Pipe Line License Agreement, 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 10TH day of September ,1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Tom Nivens
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
613
i � Y
81-40A-613-861 Consider a resolution authorizing the Mayor to execute a Street Use
(23) License at Lot 16, Block 71, Overton Addition.
*Street Use License Resolution No. 901
filed with Org. Reso . —
The Street Use License would allow Dr. Noel Williams, D.D.S., to erect
an ornamental chain link fence at 2218 Broadway next to the sidewalk. It
is for a 20-year term at a cost of $100.
The motion was made by Councilman Brown, seconded by Councilwoman Baker
to pass Resolution Nos. 900 and 901 authorizing the respective licenses.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown
and Aderton and Councilwoman Baker voting Yea; none voting Nay.
JWF:da
RESOLUTION NO. 901
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 a Street Use License
to be entered into by and between said City (as Licensor) and Dr. Noel
Williams, D.D.S., 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 loth day of September 98.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
• • : � � �ZK�P►YY�hY
/S/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
STREET USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this loth day of September , 1981, between
the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and DR.
NOEL WILLIAMS, D.D.S., 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
an ornamental chain fence next to the sidewalk to enhance the colonial
character of the house and area, subject to compliance with all applicable
ordinances, codes, and regulations of the City of Lubbock related to
building, traffic, zoning, subdivision, and other police power measures
germane hereto, at the following described location:
BEGINNING at the Southwest corner of Lot 16, Block 71, Overton Addition
to the City of Lubbock, Lubbock County, Texas;
THENCE South a distance of I foot;
THENCE East a distance of 37 feet;
THENCE North a distance of I foot;
THENCE West a distance of 37 feet to the point of BEGINNING.
1. The terms of this grant shall be from year to year not to exceed twenty (20) years
without renewal by the City Council and the CITY OF LUBBOCK retains the right, at its
election to cancel and revoke this license, with or without cause, upon thirty (30) days
notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post
office, postage paid, addressed to LICENSEE at 2218 Broadway, 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 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
ONE HUNDRED AND N0/100 ($100.00) DOLLARS cash in advance contemporaneously with the acceptanc
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 constructed 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 comtemplated across any or all of the above set out property, then
and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify
and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from
any and all claims, demands, actions, causes of action, suits at law or in equity of
whatsoever kind or nature which may grow out of or be related to the making of this license
or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its
option, may require an agreement with any contractors hired by LICENSEE to perform the
construction, repair or maintenance permitted herein, which agreement will indemnify the
CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of
the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further
require such contractor, when engaged in the 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 satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful
performance of all the terms, covenants and conditions contained in said agreement and a
certified copy of a policy of public liability assumed by contractor in said agreement
with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to
incurring any costs or expenses or the payment of any such claims or demands in order to
give LICENSEE a reasonable opportunity to settle or adjust the same.
7. LICENSEE agrees and is required to furnish a policy of public liability and propert
damage insurance, within limits specified b p y
Attorney for the CITY OF LUBBOCK and which namestheCITY rOFSLUBBOCK tasythe insuredthe , 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
I
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/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
AGREED TO AND ACCEPTED this 15th day of September
1981.
LICENSEE: DR. NOEL WILLIAMS, D.D.S.
BY: /S/ Dr. Noel William, D.D.S.
DR. NOEL WILLIAMS, D.D.S.
APPROVED AS TO FORM:
ISI J. Worth Fullingim .._
J. �Worth -Fullingim, Assistant City Attorney
/S/ Don Jennings
Don Jennings, City Engineer
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 14th day of September
1981.
ISI Olivia R. Solis
Notary Public, Lubbock County, Texas
Commission Expires 12/5/81
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 DR. NOEL WILLIAMS, D.D.S.,
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 15th day of September
1981.
/S/ Buddy G._Rodgers _.
Notary Public, Lubbock County, Texas
*commission - no date
616
81-40A-616-862
(24)
Consider a resolution authorizing the Right-of-way Department to proceed with purchasing
Lot 8, Block
1, W. H. Massey Addition.
peh-r TO A 4-m"4d
Resolution 902
P94c-9;�O_ej�
[q-1r
At the 8:30 a.m. Work Session, the Council was apprised that the expansion and renovation
of Neighborhood House, CD
a Project, must be located on City owned land. The property
referenced above is to be donated by the
property owner of record to the City. However,
in accordance with the Uniform Relocation Assistance And Real Property Act
of 1970, the
City is not allowed to accept real property without first having an independent appraiser
determine the fair
market value, the owner must then be offered this monetary amount and
in turn declines the offer in his
interest to donate the land; subsequently, the owner
signs a "waiver of relocation payments and other relocation
assistance" and then in turn
donates the property to the City.
In the event the owner changes his mind to donate the property, the matter would be resubmi
to the Council to
retract their previous actions. The purpose of this resolution is to
authorize the Right -of -Way Department
to obtain an appraised value of the property and
make the referenced "offer" to the
property owner.
In response to Councilwoman Baker's query as to the appraised value of the property, the
staff responded that the
proceedings had not progressed that far; this action only authori;
the Right -of -Way Department to obtain
an appraised value.
At the Regular Session, the motion was made by Councilman Brown, seconded by Councilwoman
Baker to pass Resolution 902
authorizing the Right -of -Way Department to proceed with
obtaining an appraised value of the referenced
property and making the "bonafide offer".
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton, and
Councilwoman Baker voting Yea; none voting Nay.
JWF:da
RESOLUTION NO. 902
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
The Right of Way Department of the City of Lubbock is hereby authorized and directed
to proceed to purchase Lot 8, Block 1, W. H. Massey Addition to the City of Lubbock,
Lubbock County, Texas for the purposes of a Neighborhood House as a Community Development
Project for the consideration to be paid to the owner being the appraised market value
thereof. This project involves Work Order No. 55-0001-40003-008118 of the City of Lubbock.
Passed by the City Council this 10th day of _September 1981.
ISI Bill McAlister
BILL —Mc—A—LI—STERMAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, CitySecretary-Treasurer
APPROVED AS TO CONTENT:
ISI Tom Nivens
Yom—Ni—vens, Right ofWayAgent
APPROVED AS TO FORM:
ISI J. Worth Fullingim
J. worth Fullingim, Assistant City Attorney
1-40A-616-863 Consider a resolution authorizing a formal offer on Lot 1, Block 15, Guadalupe Addition
(25) for a street light easement, or condemnation proceedings, if necessary.
Resolution No. 903
The offer would be in the amount of $15.00 to Luther Adams, Jr. The easement is one of the
4th year CD Program and is located at 101 Avenue L, north and west of the referenced lot.
JWF:cl
RESOLUTION- NO. 903
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock
County, Texas, has determined and does hereby determine the public needs, safety, and
welfare demands and creates a public necessity for the constructing, reconstructing, and
expansion and improvement of the street light cable system of the City of Lubbock as a
public service of said City creating a need for an additional easement by said City to
accomplish such purposes and this City Council of said City finds it to the best public
tt
.e
61-7
interest and for public purposes and municipal purposes to proceed with the
acquisition Of an easement for street light cable as needed for such purposes
as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION I. THAT the title for a street light cable easement in, on,
under, upon, along, and across the following described real estate located in
Lubbock County, Texas, be acquired for public purposes and municipal purposes
as set forth in the preamble hereof, to -wit:
The North 2 feet and the West 2 feet of Lot 1, Block 15, Guadalupe Addi-
tion to the city of Lubbock, Lubbock County, Texas.
SECTION 2. THAT the owners of said land including Luther Adams, Jr.,
BE offered through the Rght-of-Way Department of the Cvalueity of and tLubbockotal thedamages
amount of $15.00, which is the amount appraised as the
for the acquisition of said title to a street light cable easement as herein -
above described for the purposes herein stated, for the use and benefit of the
City of Lubbock, located in Lubbock County, Texas, and unless accepted forth-
with the City Attorney of said City of Lubbock is hereby authorized and in-
structed to institute condemnation (eminent domain) proceedings to acquire the
street light cable easement title to said land as hereinabove described for
public purposes and municipal purposes. 11981.
Passed by the City Council this 10th day of September
/S/ Bill McAlister _
BILL McALISTER, MAYOR
ATTEST:
Evelyn GaffgaEvelyn , City Secretary -Treasurer
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, assistant City Attorney
APPROVED AS TO CONTENT:
/S/ Tom Nivens
Tom Nivens, Right -of -Way Agent
Cosider a resolution authorizing a formal offer on Lot 16' Block 8, clutter
81-40A-617-864 n2nd Addition for a streetlight easemen,t, or condemnation proceeding if
(26)
necessary_.
Resolution 904
The offer would be.in the amount $15.00 to Robert E. Noble and and wife, , Gladys
Noble. The easement is located west of the referenced lot the
center of the block of East 37th Street between Ivory and King Avenue.
JWF:cl
RESOLUTION NO- 904
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine the public
needs, safety, and welfare demands and creates a public necessity for the
constructing, reconstructing, and expansion and improvement of the street
light cable system of the City of Lubbock as a public service of said City
creating a need for an additional easement by said City to accomplish such
Council of said city finds it to the best public inter,
purposes and this City
and for public purposes and municipal purposes to proceed with the acquisitiO
of an easement for street light cable as needed for such purposes as aforesai
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the title for a street light cable easement in, on,
under, upon, along, and across the following described real estate located it
Lubbock County, Texas, be acquired for public purposes and municipal purposes
as set forth in the preamble hereof, to -wit:
The West 2 feet of Lot 16, Block 8, Clutter 2nd Addition to the City of
Lubbock, Lubbock County, Texas.
SECTION 2. THAT the owners of said land including Robert E. Noble ar
wife Gladys Noble, BE offered through the Right -of -Way Department of the Citl
of Lubbock the amount of $15.00, which is the amount appraised as the value
and total damages for the acquisition of said title to a street light cable
easement as hereinabove described for the purposes herein stated, for the use
>_s
M
and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted
forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to
institute condemnation (eminent domain) proceedings to acquire the street light cable
easement title to said land as hereinabove described for public purposes and municipal
purposes.
Passed by the City Council this 10th day of September 1981.
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
ISI J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
APPROVED AS TO CONTENT:
ISI Tom Nivens
Tom Nivens, Right -of -Way -Agent
ISI Bill McAlister
BILL McALISTER, MAYOR
-40A-618-865 Consider a resolution authorizin
(27) g a formal offer on Lot 15, Block 2, Clutter 2nd Addition
for a street light easement,
or condemnation proceedings, if necessary.
Resolution 905
The offer is in the amount of $15.00 to John Zahn and wife, Joann. The easement is located
in the center of the block on East 35th Street between Ivory and King Avenue.
JWF:da
RESOLUTION NO. 905
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock
County, Texas, has determined and does hereby determine the public needs, safety, health
and welfare demands and creates a public necessity for the constructing, reconstructing,
and expansion and improvement of the street light cable system of the City of Lubbock as a
public service of said City creating a need for an additional easement by said City to
accomplish such purposes and this City Council of said City finds it to the best public
interest and for public purposes and municipal purposes to proceed with the acquisition of
an easement for street light cable as needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the title for a street light cable easement in, on, under, upon,
along, and across the following described real estate located in Lubbock County, Texas, be
acquired for public purposes and municipal purposes as set forth in the preamble hereof,
to -wit:
The East 2 feet of Lot 15, Block 2, Clutter 2nd Addition to the City of Lubbock,
Lubbock County, Texas.
SECTION 2. THAT the owners of said land including John Zahn and wife, Jo Ann
Zahn, BE offered through the Right -of -Way Department of the City of Lubbock the amount of
$15.00, which is the amount appraised as the value and total damages for the acquisition
of said title to a street light cable easement as hereinabove described for the purposes
herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County,
Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby
authorized and instructed to institute condemnation (eminent domain) proceedings to acquire
the street light cable easement title to said land as hereinabove described for public
purposes and municipal purposes.
Passed by the City Council this loth day of September 1981.
ISI Bill McAlister
BILL McALISTER, MAYOR
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
ISI J. Worth Fullingim
J. Worth �Fullingim, Assistant City Attorney
APPROVED AS TO CONTENT:
ISI Tom Nivens
Tom Nivens, Right -of -Way -Agent
& 19
SEP 10 1981
Consider a resolution authorizing a formal offer on Lot 5, Block 81 Clutter
81-40A-6 19-866 Consid — ligh easement, or condemnation proceedings_ if
(28) 2nd Addition for a street
necessary._
Resolution No. 906
The offer would be in the amount Of $15.00 to Jim Vasek and wife, Bertha, and
is located in the center of the block on East 36th Street between Ivory and
King Avenue.
The motion was made by Councilwoman Baker, seconded by Councilman Henry to
pass Resolution Nos. 903, 904, 905, and 906. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, councilmen Brown and Aderton, and Councilwoman Baker
voting Yea; none voting Nay.
JWF:da
RESOLUTION NO. 906
WHEREAS, the City of Lubbock, Texas, a Home Rule municipality located in I
Lubbock County, Texas, has determined and does hereby determine the public
needs, safety, health and welfare demands and creates a public necessity for
the constructing, reconstructing, and expansion and improvement of the street
light cable system of the City of Lubbock as a public service of said City
creating a need for an additional easement by said city to accomplish such
purposes and this City Council of said city finds it to the bestthe public interesi
and for public purposes and municipal purposes to proceed with acquisition
of an easement for street light cable as needed for such purposes as aforesaid;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the title for a street light cable easement in, on,
under, upon, along, and across the following described real estate located in
Lubbock County, Texas, be acquired for public purposes and municipal purposes
as set forth in the preamble hereof, to -wit:
The East 2 feet of Lot 5, Block 8, Clutter 2nd Addition to the City of
Lubbock, Lubbock County, Texas.
SECTION 2. THAT the owners of said land including Jim Vasek, and
wife, Bertha Vasek, BE offered through the Right -of -Way Department of the City
of Lubbock the amount of $15.00, which is the amount appraised as the value
and total damages for the acquisition of said title to a street light cabluse
e
easement as hereinabove described for the purposes herein stated, for the
and benefit of the City of Lubbock, located in Lubbock County, Texas, and
unless accepted forthwith the City Attorney of said city of Lubbock is hereby
authorized and instructed to institute condemnation (eminent domain) proceedir
to acquire the street light cable easement title to said land as hereinabove
described for public purposes and municipal purposes.
Passed by the City Council this 10th day of September 91981.
/S/ Bill McAlister -
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaftga, city Secretary -Treasurer
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
APPROVED AS TO CONTENT:
/S/ Tom Nivens
Tom Nivens, Right -of -Way Agent
81-40A-619-867 Consider a -resolution authorizing the city to declare having no need for
perty out Of Section 10, Block JS, Lubbock County
(29) surplu stateowned Pro
Resolution No. 907
This property is an old borrow site (dirt has been excavated) located 1300'
West of Milwaukee Avenue and adjacent to and north of Levelland Highway on
West 19th Street. Seventy five percent of the site is below highwater overflo-
contour, and is subject to the Lake Ordinance. In accordance with the law, the
state must request the permission of the city to dispose of this property. It
is of no value to the City.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to
pass Resolution No. 907 declaring the City's "no need" for the referenced
property. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton, and Councilwoman Baker voting Yea; none voting Nay.
620
SEP 10 19q;
L-40A-620-868
(30)
'Xeso 908 -41/10/81
amends Reso. 184
dated 6/14/79
NOTE: Amend. #1
to Convention
and Tourism Bitr.
agreement, is filed
w/Orig. Reso.
JWF: cl
RESOLUTION NO. 907
WHEREAS, the State Department of Highways and Public Transportation acquired property
(adjacent to lands of another) for a borrow source for construction of S.H. 114 in September
1935, which property is located approximately 1.0 mile west of the intersection of S.H.
114 and Loop 289; and such adjacent owner has requested that such property be declared by
said State Department as surplus right of way, and said State Department has requested
this City Council to determine that "the land is no longer needed for the use of citizens
as a road"; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. That the land and property referred to in the preamble hereof is
hereby found to be no longer needed for the use of citizens as a road.
SECTION 2. This resolution is passed at the request of the Texas State Department
of Highways and Public Transportation to assist them in complying with their procedure in
declaring property of the State of Texas as surplus to right of way needs of the State
only, and the City of Lubbock in no manner hereby attempts to assert jurisdiction over
said land as a municipal street or as municipal property of said City.
Passed by the City Council this loth day of —Se tember 1981.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Tom Nivens
Way Agent
Tom Niven_s,iJgh_t of —
APPROVED AS TO FORM:
ISI J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
Consider a resolution authorizing the Mayor to execute an amended agreement with the
Lubbock Chamber of commerce and the Board
service. Of City Development for convention and tourism
Resolution No. 908
On June 14, 1979 (Resolution 184) the City entered into an agreement with the Chamber of
Commerce/BCD whereby the City would pay 1/21 of the 4¢ hotel/motel tax (a minimum of
$50,000 annually) for convention and tourism services- To date the City has paid a total
of $57,017.18.
At the August 13th Work Session, the City Council discussed the request of the Chamber of
Commerce to increase the contribution to the Convention and Tourism Bureau to $100,000, an
equal amount to be matched by the Chamber of Commerce/BCD for a total budget of
for the Convention and Tourism Bureau. $200,000
This is a 5 year agreement, and one year-has:expired years, the City will- Therefore, for the remaining 4
pay 3/4¢ of the 4¢ hotel/motel tax, or, $100,000 whichever is less.
The Chamber of Commerce/BCD are obligated to match this contribution. For the fiscal year
1981-82, the additional monies that will be required will be taken from the Special Proj
allocation of the hotel/motel tax which is in the Trust and Agency Fund. ects
City Attorney Ross reported that the Chamber had reviewed the amended contract and wanted
the option to refuse to match any contribution over $100,000, which apparently presented
no problems.
In response to Council query, pursuant to the referenced contract approved in 1979, the
Bureau has filed with the City Secretary, the proposed budget and the year-end report for
1980-81. Additionally, an audit will be forthcoming each year.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Resolution
908 authorizing the amended agreement. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilmen Brown and Aderton, and Councilwoman Baker voting Yea; none voting Nay.
621
AA: da
RESOLUTION EL 908
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
If of the City of Lubbock an Amendment No.
directed to execute for and on behalf attached herewith which shall be
1 to Convention and Tourism Service Agreement n the minutes of this
spread upon the minutes of the Council and as spread upo fully copied
art of this Resolution as if fu
Council shall constitute and be a p
herein in detail. *1 this 10th day of September__------ ,1981.
Passed by the City COuncl
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Jim Weston Facilities
Jim Weston, Director of Community
APPROVED AS TO FORM:
/S/ Angela Adams
Angela Adams, Assistant City Attorney
STATE OF TEXAS §
COUNTY OF LUBBOCK §
AMENDMENT NO. 1 TO CONVENTION AND TOURISM
SERVICE AGREEMENT
This Amendment No. I to the Convention and Tourism Service Agreement 0 f
bock, herein
October 4, 1979, is entered into by and between the City of Lub led
the Lubbock Chamber of Commerce, a corporation, herein cal
called "City", Lubbock Board of City Development, herein called
"Chamber", and the City of
WHEREAS, the City of Lubbock, the Lubbock Chamber of Commerce and the
City of Lubbock Board of City Development, previously entered into a contract
which was executed on October 4, 1979; and
WHEREAS, the aforementioned parties desire to make certain changes to the
aforementioned contract;
NOW THEREFORE:
Paragraphs IV, VII, IX, X, XI, and XII of the Convention and Tourism
Service Agreement are hereby altered and amended to read as follows:
IV.
All parties hereto agree that the requirements of Paragraphs II and III
of the original agreement of October 4, 1979 shall not apply to the fiscal
year beginning October 1, 1981 and ending September 30, 1982. The Chamber
shall, however, prepare a budget as soon after the effectiVe date Qf thj�
Amendment as is reasonable and submit a copy thereof to the City Council to
cover the aforementioned fiscal year's operation under this agreement; there-
after, the provisions of Paragraph II and III of the original agreement shall
be followed.
VII.
The City shall, during the fiscal year beginning October 1, 1981 and
ending September 30, 1982, pay $100,000-00 from monies collected under the
Hotel -Motel room occupancy tax to the Chamber for the services to be performed
by the Chamber for the fiscal year of October 1, 1981 through September 30,
1982, under the original agreement of October 4, 1979 and the Amendment No. 1
thereto. During the remainder of this agreement
or tender to Chamber $)00 ) ` city will znujll�
-Motel room 0C
lected under the Hotel 2000,00 or three -fourths
Chamber agreeS that cupancy tax
this ameildment SIth paftt8 We by eac� f, I
defray Said bUdget, ) Ai qr
shall be the r#L _C�evE #
u"d 007 for j ts plc Mdar r IS
The under th... C-hajober 1%nVentjon ,,, the as-ree.....
agrees
622
SEP 10 190
f
;1-40A-622-869
(31)
1-40A-62 2-870
(32)
,-40A-622-871
(33)
October 1, 1981 to September 30, 1982 and at least match the contribution aceepted by the
Chamber from the City for each successive fiscal year of this Contract. Subject to the
provision for the minimum contribution, both the amount and source of such contribution
shall be within the discretion of the Chamber and the B.C.D.
X.
All amounts of money to be contributed and paid to the Chamber by all to
agreement shall be paid to Chamber for its Convention and Tourism Service onparties a quarterlythis
basis. The City will pay upon receipt of an invoice, the first such payment to be in an
amount of one -quarter (') of annual contributions and to be made on October 1, 1981, and a
like quarterly payment to be made on the first day of each quarter of each fiscal year
that this Contract remains in force. The invoice should be sent to the Director of
Community Facilities, P.O. Box 2000, Lubbock, Texas 79457.
XI.
The term of this Contract shall be 5 years commencing on the lst day of October,
1981, and ending on September 30, 1986. However, there shall be added automatically a
one-year extension to the full term of this Contract if none of the parties hereto gives
written notice within 30 days prior to September 30th, of 1982, or any September 30th
thereafter of its intention to cancel this Contract. If none of the parties give such
notice then one year is automatically added to the term of this agreement so that it will
have a termination date five years from the preceding September 30th.
Xii.
If any party to this Contract desires to terminate this Contract and withdraw from
participation therein it may do so by giving written notice to the other parties 30 days
prior to September 30th of 1982 or of any September 30th thereafter while this Contract is
in effect. However, if any such notice is given nevertheless the parties hereto shall be
bound to perform under this Contract for the remaining four year term of the agreement.
EXECUTED THIS the loth day of September , 1981.
THE CITY OF LUBBOCK
ATTEST:
1,S1 Evelyn 9affqa
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Jim Weston
Jim Weston, Director of
APPROVED AS TO FORM:
Community Facilities
BY: Bill McAlister
BILL McALISTER, MAYOR
LUBBOCK CHAMBER OF COMMERCE
BY: /S/
PRESIDENT
LUBBOCK BOARD OF CITY DEVELOPMENT
/.S/Angel-a Adams BY:/S/
Angela Adams, Assistant City Attorney PRESIDENT
Consider accepti
_41121-'Pting the installation of controls and electrical sYstems. Pump
and authorize final payment to contractor.
Station #8.
Consider accepting the primary and secondary roads, Sanhs Well Field, and authorize
final
.payment, to contractor.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to except the
installation at Pump Station #8 (Bid
to AMCO Company, and to except the c No 5754, Ordinance 8035) and authorize final payment
Well Field (Resolution 849, Bid 6378 ontruction of primary and secondary roads in Sandhills
) and authorize final payment to Stafford Construction
Company. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton,
and Councilwoman Baker voting Yea; none voting Nay.
Consider a resolution 9 oritrequesting assistance of Brazos River Authy in the development
of the third major water supply.
Resolution No. 909
At the 8:30 a.m. Work Session, the Council was apprised that it was the recommendation of
the Staff to request the Brazos River Authority to work with the City in the Development
of the Justiceburg Project; their next meeting is October 19, 1981. BY CONSENSUS, the
Council concurred that all action on this project need to be pursued very quickly.
At the Regular Meeting, the Council was apprised that on August 25th, Director of Water
Utilities Sam Wahl, Director of Finance Robert Massengale and City Manager Cunningham
met with members of the Brazos River Authority staff to discuss the Justiceburg Water
Project, inasmuch as this project is a part of the Brazos River. The Purpose of this
action would be to officially request the Authority to work with the City on this project.
Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Resolution
909 officially requesting the assistance of the Brazos River Authority in the development
of the Justiceburg Water Project. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton, and Councilwoman Baker voting Yea; none voting Nay.
6 23
SEP 10 1981
JCR:cl
RESOLUTION NO. 909
EXPRESSING the desire of the City Council Of the City of Lubbock to
solicit the assistance of the Brazos River Authority in the development of a
third major water supply for the City of Lubbock, and
WHEREAS,
the City Council of the City of Lubbock, Texas, is desirous of developing a third major water source for the City of Lubbock, and
WHEREAS, the City Council finds that the development of a third water
source for the City of Lubbock is in the best interest of the citizens of the
City of Lubbock, and
one of the major sources of supply for a new third water source
WHEREAS, for the City of Lubbock involves a tributary of the Brazos River, and
WHEREAS, the Brazos River Authority has gained over the years a consid-
erable amount of professional expertise in the development and managing water
supply sources, and
WHEREAS, the city Council is desirous of availing itself of the assistanc
of the Brazos River Authority, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the city Council of the city of Lubbock does hereby officially
request the assistance of the Brazos River Authority in developing a third
major water supply source for the City of Lubbock, Texas.
Passed by the City Council this loth day of September. 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
81-40A-623-872 Consider a resolution opposing legislation which restricts cities' ability to
(34) regulate cable _
Resolution No. 910
At the 8:30 a.m. Work Session, Mayor Pro Tem Henry indicated that this item
was placed on the agenda at his request for the reason that there is a major
move in Washington to get Congress to pass a law eliminating local jurisdictio
over the television industry particularly cable TV; that most City officials
are getting greatly concerned about the quality of cable television and the
prospect of their losing jurisdiction over the issuance of franchisehis and them
contents of the respective franchise is of grave concern. It was recomm
that the Council pass this resolution to notify Senator Lloyd Bentsen and John
Tower and Congressman Hance of the City of Lubbock's position.
At the Regular Session, it was stated that Senate Bill No. 898 restricts the
regulation of the rates and other provisions, and placing this authority under
the FCC. Lubbock's position is that our greatest complaints relate to poor
service in this area. Additionally, it seems that the City of Lubbock has one
of the most liberal franchise arrangements for cable television, and that whel
the present contract expires in 1985, many provisions need to be re-evaluated
very closely. The National League of Cities is serving as spokesman for the
local governing bodies, stating that the industry is a monopoly and not a
competitative enterprise and that individual franchise requirements do not
discriminate against the industry.
The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to
pass Resolution No. 910 opposing the referenced legislation and requesting
that copies of this resolution be sent to Senators Tower and Bentsen and
Congressman Hance. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton, and Councilwoman Baker voting Yea; none voting
Nay.
IFUM
624
SEP 10 19#1
DGV: da
RESOLUTION NO. 910
WHEREAS, the City Council of the City of Lubbock has learned that legislation deregulat
the cable television industry is soon to be considered by the U.S. Senate (S. 898); and
WHEREAS, such legislation contains provisions virtually eliminating local control
over cable television businesses with regard to many important matters to local citizens,
such as franchises to use city streets and alleys, rate regulation, and citizen interest
in the nature of programming carried; and
WHEREAS, such provisions were added to the legislation without benefit of a fair and
open process before the Senate Committee on Commerce, Science and Transportation; and
WHEREAS, the citizens of the City of Lubbock have great interest in the local control
of cable television service; and
WHEREAS, cable television service amounts to a de facto monopoly of such services
within a local area; and
WHEREAS, local control may or may not be exercised, the retention of the right of
control is valuable to local citizens; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock oppose any limitation of local authority
over cable television service as proposed by S. 898, or similar legislation, and
THAT a copy of this resolution be forwarded to Senator John Tower, Senator Lloyd
Bentsen, Congressman Kent Hance and Congressman Jim Wright.
Resolved by the City Council this
ATTEST:
loth day of _., September 1981.
ISI Bill McAlister
BILL McALISTER, MAYOR
ISI Evelyn GafLga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Bob Cass
Bob Cass, Administrative Assistant
APPROVED AS TO FORM:
ISI Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
81-40A-624.-873
(35)
Consider an ordinance amending Ordinance 8203 regulating wreckers and wrecker
9
_services.
Ordinance 8238
Ord. 8238 amends
Ord. 8203 dated
7/23/81
At the 8:30 a.m. Work Session, Rick Childers, Administrative Assistant, apprised the
Council that this was a housekeeping ordinance clarifying some terminology in Ordinance
8203 "
- The Rick Childers Wrecker Ordinance" it being a matter of semantics, to wit; the
"certificate of tax" be changed to "statement
a of tax" from the Tax Assessor -Collector,
for which there is no charge; that the testing procedure for shop -made trailers
be the
responsibility of the applicant, such testing to be done by registered engineer licensed
in the State of Texas, for applicant's equipment to comply with the ordinance. Furthermore,
the term "cargo
insurance" is impractical due to the lack of inventory on passenger car
contents, and the general garage liability coverage
on appropriate and less expensive to
the applicant. Mayor Pro Tem Henry advised that the terminology make reference
to the
appropriate liability coverage for "wrecker tow passenger vehicles" as opposed to "storage
passenger vehicle" --there is a difference in the coverage. (Note: Hazard II is the
proper designation.)
At the Regular Session, the motion was made by Councilman Aderton, seconded by Councilman
Brown to pass Ordinance No. 8238 on first reading. Motion carried: Mayor McAlister, Mayor
Pro Tem Henry, Councilmen Brown and Aderton, and Councilwoman Baker voting Yea; none
voting Nay.
DGV:da
ORDINANCE NO. 8238
AN ORDINANCE AMENDING CERTAIN PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK PERTAINING TO WRECKER OPERATIONS WITHIN THE CITY OF LUBBOCK; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
81-40A-6 25-87 4
(37)
81-40A-6 25-87 5
(38)
81-40A-625-K6
(39)
NOTE: AGREEMENT AND
EXHIBITS A,B C & D
FILED W/ORIG. RESO.
Consider appointment of Interim Tax Assessor -Collector for the City of
Lubbock.
In compliance with state requirements, there is need to appoint an Interim Tax
Assessor -Collector. The motion was made by Councilman Brown, seconded by
Aderton to appoint Assistant City Manager, Jim Blagg as Interim Tax Assessor -
Collector for the City of Lubbock. Motion carried: Mayor McAlister, Mayor Pro
Tem Henry, Councilmen Brown and Aderton, and Councilwoman Baker voting Yea;
none voting Nay.
Consider an Ordinance increasing certain fees charged by the City for licenses
perm.its and other City services.
OrdinanceNo. 8239
Pursuant to the instruction of the council during budget work sessions, the
various fees for licenses and permits were increased for the ensuing fiscal
year 1981-82. The ordinance refers specifically to some thirty separate fees,
permits and/or fines, except those fees and permits that are controlled by
state law or by Administrative Orders.
In a subsequent session, a recommendation will be made to Council by staff as
to how to handle these annual evaluations and increases at the administrative
level.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to
pass Ordinance No. 8239 on first reading. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton, and Councilwoman Baker
voting Yea; none voting Nay.
DGV:j s
Ordinance No.
MM
AN ORDINANCE INCREASING CERTAIN FEES CHARGED BY THE CITY OF LUBBOCK FOR
LICENSES, PERMITS AND OTHER CITY SERVICES; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Consider a resolution authorizing the Mayor to sign a contract with the
Federal Drug Enforcement Agency,.
Resolution No. 911
This provision allows the City to obtain a grant from the Federal Drug Enforcer.
Administration for funds and equipment to participate in the DEA Task Force
Program. The total amount of the grant is $44,603.71 which will be appropriat(
from Federal FY 82 funds. The program will require four experienced investigai
plus a secretary for the Task Force. The responsibilities of the Task Force
is to gather and report intelligence data relating to the trafficking of
narcotics and other drugs; to investigate and report instances involving said
traffic of drugs; to conduct undercover operations where appropriate and
engage in other methods of investigation pertinent to the Task Force Activitie
and cooperate with the DEA to provide law enforcement and prosecution necessar
to accomplish the objectives of the program. The city will pay the investigat
officers for a normal 40 hour week.
The motion was made by Councilman Aderton, seconded by councilwoman Baker to
pass Resolution 911 authorizing the referenced contract with the Federal DEA.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and
Aderton, and Councilwoman Baker voting Yea, none voting Nay.
RESOLUTION NO- 911
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the city of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement
between the City of Lubbock and the Drug Enforcement 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 10th day of September __'1981.
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ J. T. Alley
j-
T. Alley, Chief of Police
/S/ Bill McAlister
BILL _MCALISTER, MAYOR
at
rs
62(
SEP 10 1=
AGREEMENT
This agreement made this the 10th Day of September, 1981, between the City of Lubbock
Texas, hereinafter called the City of Lubbock and the Drug Enforcement Administration,
hereinafter called DEA.
WHEREAS, there is evidence that trafficking in narcotics and dangerous drugs exists
and that such illegal activity has a substantial and detrimental effect on the health and
general welfare of the people of Lubbock, Texas.
WHEREAS, the Parties hereto are desirous of agreeing, for their mutual benefit, to
provide for the operation of a DEA Task Force within the City of Lubbock for the purpose
of cooperating in the investigation, institution and prosecution of cases before the
Courts of the United States and the District Court of the State of Texas involving narcotic!
and dangerous drugs.
WHEREAS, the DEA Task Force Program is a proven method of detecting and combatting
the problem of narcotics and dangerous drugs abuse.
WHEREAS, the DEA proposes to provide necessary funds and equipment and the City of
Lubbock is desirous of securing funds and equipment for the purpose of participating in
the DEA Task Force Program.
NOW, THEREFORE, in consideration of the mutual covenant hereinafter contained, the
parties hereto have agreed as follows:
WITNESSETH
City of Lubbock will, with its own law enforcement personnel and with contract
employees, as hereinafter specified, and perform the activities and duties as described
below:
(a) gather and report intelligence data relating to the trafficking in narcotics
and dangerous drugs;
(b) investigate and report instances involving the trafficking in narcotics and
dangerous drugs;
(c) conduct undercover operations where appropriate and engage in such other
traditional methods of investigation in order that the DEA Task Force's activities
result in effective prosecution before the Courts of the United States and the
District Courts of the State of Texas;
(d) cooperate with DEA to provide law enforcement and prosecutorial personnel
with specialized training necessary to accomplish the objectives of the Task
Force Program.
(2) DEA is to have direct management over the manner, method or details of performance
and over the selection, direction or removal of law enforcement personnel and support
personnel assigned to the Task Force. Officers assigned to the joint DEA Task Force
pursuant to this agreement are detailed to DEA pursuant to the Intergovernmental Personnel
Act 5 USC 3371-3376. Employees assigned to the Task Force are covered by 5 USC 3374 of
the Intergovernmental Personnel act of 1970 under the Department of Laborts Office of
Worker's Compensation Programs. Claim Forms CAI, 2 and 16 must be submitted to the DEA
South Central Regional Office, 1880 Regal Row, Dallas, Texas 75235.
(3) DEA will provide the City of Lubbock with $44,603.71 (estimated) out of its FY
1982 annually appropriated funds to be provided on a quarterly basis, or any continuing
resolution thereof, to support personnel participation as contained in the budget material
(Exhibit A) attached hereto and made a part of this agreement. The first quarterly advance
of the appropriations will be forwarded to the City of Lubbock during the month of October,
1981. Subsequent quarterly advances will be made during the first month of the following
three quarters of fiscal year 1982. No Task Force funds may be used to buy insurance for
employees. The City of Lubbock will submit monthly documentation to support payment made
to personnel supported, with a copy of the disbursement voucher showing payments made to
each employee. Copy of proposed letter to transmit monthly documentation is attached as
Exhibit B. The City of Lubbock will submit this monthly documentation to the Regional
Director, South Central Regional Office, 1880 Regal Row, Dallas, Texas 75235. In the
event overpayment was made during any quarter, this overage will be deducted from the next
quarter advancement except for the last quarter of the fiscal year. Any overpayment made
during the last quarter will be returned by the City of Lubbock to the Drug Enforcement
Administration at the close of that quarter. Any short payment made in the quarterly
advancement will be corrected and the additional funds submitted with the quarterly advancemM
for the subsequent quarter. In the event of a shortage in the fourth quarter advancement,
the City of Lubbock will notify the Drug Enforcement Administration with supporting document
timely, so that payment can be made from current fiscal appropriations.
(4) City of Lubbock will assign four law enforcement officers to the Task Force, of
which all will be experienced investigators. DEA will assign a supervisor and required
number of Special Agents. City of Lubbock law enforcement officers are to be paid overtime
not to exceed 40 hours per month or 120 hours per calendar quarter at a rate of one -and -a -
half times their base salary rate, including retirement benefits for paid overtime. Time
and attendance reports for officers will be submitted on Exhibit C and certified by the
DEA Task Force supervisor prior to submission to the Lubbock Chief of Police for payment.
(5) City of Lubbock shall assign one support employee to adequately support the
activities of the Task Force. The employee will be paid every two weeks at rates establishel
by the City of Lubbock based on time and attendance reports submitted on Exhibit D and
certified by the DEA Task Force supervisor. The cost of salaries and F.I.C.A. for support
employee will be reimbursed by DEA. Cost of living increases and salary rates will be
based on salary rates paid to other City of Lubbock employees. Accrual of annual and sick
leave will be the same as for City of Lubbock employees. Support personnel on board as of
September 30, 1981, will be retained and new replacements will be hired by the City of
Lubbock with the approval of the Regional Director, South Central Region, DEA. Their
hours of work will be determined by the DEA supervisor of the Lubbock Task Force and will
constitute eight hours per day and forty hours per week of work, not including lunch
breaks.
(6) Costs for local travel, equipment, supplies, payments to informants and other
operating costs will be paid directly to employees by DEA. DEA will supply two vehicles
for every three officers assigned fulltime to the Task Force, to be used for official use
only.
(7) Any and all property, equipment, automobiles, furniture, furnishings, of whatever
kind and description, purchased or acquired with DEA funds shall be the property of DEA,
and at the termination of this agreement and no new agreement, shall be delivered to the
nearest Regional or District Office of DEA. In addition, if any of the property purchased
or acquired or loaned under this agreement is damaged, broken, misplaced, lost
or stolen, through negligence or wrongful act by City of Lubbock employees, it
shall be repaired or replaced as the case may be by the City of Lubbock. The
same applies to DEA personnel regarding property owned by the City of Lubbock
and on loan to the Task Force.
(8) In no event will the City of Lubbock charge any indirect cost rate
to DEA for the administration or implementation of this agreement during the
term thereof.
(9) City of Lubbock shall maintain on a current basis, complete and
accurate investigative reports, records and accounts of all obligations and
expenditures of funds under this agreement in accordance with generally
acceptable accounting principals and instructions provided by DEA to
facilitate onsite inspection and auditing of such records and accounts.
(]0) City of Lubbock shall permit and have readily available for
examination and auditing by DEA, the United States Department of Justice,
or the Comptroller General of the United States, or any of their duly
authorized agents and representatives, any and all reports, records,
documents, accounts, invoices, receipts, or expenditures relating to
this agreement. In addition, the City of Lubbock will maintain all such
foregoing reports and records until all audits and examinations are
completed and resolved, or for a period of three (3) years after termination
of this agreement, whichever is sooner.
(11) City of Lubbock will comply with Title VI of the Civil Rights
Act of ]954 and all requirements imposed by or pursuant to the regulations
of the Department of Justice (28 C.F.R. Part 42, Subparts C and D)
issued pursuant to Title VI relating to discrimination on the grounds of
race, color, creed, sex, age or national origin and equal employment
opportunities.
(12) The term of this agreement shall be from October 1, 1981 to
September 30, 1982. The term of this agreement may be terminated by
either party for good cause shown by notice in writing given to the
other party thirty (30) days prior thereof. All obligations that are
outstanding on the above -prescribed termination date or on the date of
any thirty (30) day notice of termination shall be liquidated by the
City of Lubbock within ninety (90) days thereof in which event DEA will
only be liable for obligations incurred by the City of Lubbock during
the term of this agreement. In no event shall the City of Lubbock incur
any new obligations during the period of notice of termination. City of
Lubbock shall return to DEA all unexpended funds forthwith after the
ninety (90) day liquidation period.
- IN WITNESS WHEREOF, the parties have executed this agreement in
triplicate the day and year above written.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn..Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ J. T. Alley
J. T. -Alley, Chief of Police
APPROVED AS TO FORM:
/S/ Don Vandiver
Donald Go Vandiver, Assistant City Attorney
/S/ /S/
Edward A. I Heath, RD Henry H. Washington, SAIC
EXHIBIT A
BUDGET SUBMISSION, FY 82
Task Force Lubbock Texas
(City) (State)
Estimated Funding
1. State/Local Officers
Number of Officers = 4
Total yearly overtime salary
Rmith Central
$44,603.71
28,631.60
2. Support Personnel
Number of secretarys to investigators
Yearly salary =
12,268.56
SEP 10 1981
3. A. State/Local Fringe Benefits (Officers)
10% of yearly overtime salary (Retirement)
B. Support Personnel Fringe Benefits (Secretary)
6.85% of yearly salary (F.I.C.A.)
GRAND TOTAL
LUBBOCK RESIDENT OFFICE
DEA TASK FORCE SALARY & OVERTIME RATES
FISCAL YEAR 1982
October, 1981.- March, 1982
2 Officers at $14.28 x 40 hours = 1,142.40
1 Officer at $14.75 x 40 hours = 590.00
1 Officer at $15.75 x 40 hours = 630.00
2,362.40 2,362.40
10% T.M.R.S. (Retirement) 236.24
Monthly total 2,598.64
6 months x $2,598.64 per month =
April, 1982
2 Officers at $14.28 x 40 hours = 1,142.40
1 Officer at $15.27 x 40 hours = 610.80
1 Officer at $15.75 x 40 hours = 630.00
21383.20 2,383.20
10% T.M.R.S. (Retirement) 238-32
Monthly total 2,621.52
1 month x $2,621.52 per month
May, 1982 thru September 1982
2 Officers at $14.28 -x40 hours = 1,142.40
1 Officer at $15.27 x 40 hours = 610.80
1 Officer at $16.54 x 40 hours = 661.60
21414.80 2,414.80
10% T.M.R.S. (Retirement) 241.48
Monthy total 2,656.28
5 months x $2,656.28 per month =
TOTAL OFFICERS' SALARIES
TOTAL SECRETARY'S SALARY
GRAND TOTAL
LUBBOCK RESIDENT OFFICE
DEA TASK FORCE SALARY & OVERTIME RATES
FISCAL YEAR 1982
Page 2
Secretary's Salary
October
176 hours x 5.55 per hour = 976.80
6.85% F.I.C.A. 66.91
October Total 1,043.71 $1,043.71
November
168 hours x 5.55 per hour = 932.40
6.85% F.I.C.A. 63.87
November Total 996.27 996.27
December
184 hours x 5.94 per hour
= 1,092.96
6.85% F.I.C.A.
74.87
December Total
1,167.83
1,167.83
January
168 hours x 5.94 per hour
= 997.92
6.85% F.I.C.A.
68.36
January Total
1,066.28
1,066.28
February
160 hours x 5.94 per hour =
950.40
6.85% F.I.C.A.
65.10
February Total
1,015.50
1,015.50
March
184 hours x 5.94 per hour =
1,092.96
6.85% F.I.C.A.
74.87
March Total
1,167.83
1,167.83
-... 2,863.16
840.39
$44,603.71
$15,591.84
2,621.52
$132281.40
$31,494.76
. 13,108.95
$44,603.71
629
SEP 10 1981
Ap
176 per hour = 1,
176 hours x 5.94 p 045.44
6.85% F.I.C.A. 1 1 71 71.61
61
April Total ,
May
168 hours x 5.94 per hour = 997.92
6.85% F.I.C.A. 68.36
May Total 1,066.28
June
176 hours x 5.94 per hour = 1,045.44
6.85% F.I.C.A. 71.61
June Total 1,117.05
81-40A-629,-87 7
(40)
81-40A-629-878
(41)
NOTE: Copy of Bid 6449
filed w/Reso.
1,117.05
1,066.28
1,117.05
LUBBOCK RESIDENT OFFICE
DEA TASK FORCE SALARY & OVERTIME RATES
FISCAL YEAR ]982
Page 3
July 045.44
176 hours x 5.94 per hour = 1,
6.85% F.I.C.A. 7161
July Total 1,117.05 $i,117.05
August 045.44
176 hours x 5.94 per hour = 1, 71_61
6.85% F.I.C.A. 1 17.05 ,1�17.05
August Total _,
September
176 hours x 5.94 per hour = 1,045.44
6.85% F.I.C.A. 71.61
September Total 1,117.05 1,117.05
TOTAL SECRETARY SALARY $13,108.95
NOTE: EXHIBIT B, C, AND D ARE FILED WITH THE ORIGINAL RESOLUTION AND
AGREEMENT.
Consider claims against the City.
a. Claim No. 81-C-468 James D & Patricia $45.00
auto wrecker fee Hill
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.
b. Claim No. 81-C-501 Betty Holt $1033.00
auto and personal property loss and lost wages
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.
Consider Bid #6449 for terminal storage reservoir and Pump Station
(Water Utilities), and authorize same,
Resolution No. 912
Low Bidder
JWF:cl
Malvon Construction Company
Austin, Texas ($4,185,707.75)
RESOLUTION NO. 912
a
Change order reducing retainage -
APPROVED 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 for construction of a Terminal Water Storage Reservoir with
Malvon Construction Company, attached herewith which shall be spread
31-40A-630-87 9
(42)
31-40A-630-880
(43)
31-40A-630-881
(44)
OTE: Contract
Agreement, Instruc-
to Bidders filed
w/Orig. Reso.
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 10th
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Wilford D. Watson (for)
Guy Wilson, Utilities Engineer
APPROVED AS TO FORM:
day of September
ISI Bill McAlister
BILL McALISTER, MAYOR
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
Consider Bid #6456 for vertical .pumps for terminal storage resevoir (Water Utilities).
Low Bidder 4-M Company, Inc.
Lubbock, TX ($179.770.00)
The motion was made by Councilman Brown, seconded by Councilman Aderton to approve Bid No.
6449 and to pass Resolution No. 912 authorizing the contract for same, and to approve Bid
No. 6456. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and
Aderton, and Councilwoman Baker voting Yea; none voting Nay.
Consider Bid #6460 for water distribution mains, and authorize same (Water Utilities).
At the 8:30 a.m. Work Session, Councilman Brown requested to hold this item until the
September 24th, Regular Meeting, for the reason that he had noticed of late the Tennessee
firm of McCullough Contracting Company has participated in bidding on the last 8 or 9
projects and yet it is his information that they do not have a track record in the State
of Texas. Additionally, the Tennessee firm submitted some supportive documentation for
this bid and the Council has not had an opportunity to peruse it.
At the Regular Session, Clifford Brown, Attorney for the Tennessee firm, appeared and
inquired as to the reason this matter was delayed, and Councleman Brown restated his
comments made at the Work Session. Mr. Brown indicated that Mr. Hubert McCullough, President
of the Tennessee firm would be glad to answer any questions that they might have.
Consider Bid #6045 for three substation transformers at Co-op and Vicksburg Substation,
and authorize same (Elec. Distrib.).
Resolution No. 913
Low Bidder McGraw Edison % C. B. Anderson
Co. Amarillo, TX ($565.900.00)
.RESOLUTION NO. 913
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 McGraw -Edison Company for 3 substation transformers, 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 10th day of____SaateMhar_,l98l.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI EVelv-h.-Gaffaa-
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Carroll McDonald
Carroll McDonald, Director of Electric Utilities
81-40A-631-882 Consider an appropriation ordinance for three substation transformers
(45) _(Bid #6045, above) (Capital Projects Electric Revenue Fund).
Ordinance No. 8240
At the 8:30 a.m. Work Session, there was considerable discussion by the
Council as to the low bid price, the escalated price, and the differentiation
among all participants. Councilwoman Baker queried whether or not we
actually were accepting the lowest bid the waythe documentation was
presented. However, at the Regular Session, Director of Purchasing,
Floyd Nesbitt clarified much of ambiguity that resulted in the Work
Session discussion. He stated that these bids were taken in November of
1980 and the escalated price were those bids as of September 10, 193.1;
that the bid of Kuhlman Electric Company of Crystal Springs, MO, Westinghouse
Electric of Lubbock, and McKinley Sales of Amarillo had withdrawn their
bids within 60 days from the presentation of same; that the escalated
bid for McGraw Edison was $647,000; that the escalated bid for Temple,
Inc. was $662,859; that the escalated bid for General Electric of Lubbock
was $664,708; the escalated bid for Graybar Electric was $680,036; and
the escalated bid for Butler and Lane, Inc. of Dallas was $750,813
resulting in the low firm bid, as escalated, being McGraw Edison at
$647,000. Furthermore, if this project was resubmitted for bid as of
this date, the bid would be considerably higher than the escalated bid
and he recommended that the Council consider the firm bid of McGraw
Edison as stated above.
The motion was made by Councilman Brown, seconded by Councilwoman Baker
to approve Bid No. 6045 to McGraw Edison at the escalated price of
$647,000, to pass Resoluton No. 913 authorizing the contract for same,
and to pass Appropriation Ordinance No. 8240 on first reading. Motion
carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and
Aderton, and Councilwoman Baker voting Yea; none voting Nay.
ORDINANCE NO. 8240
WORKORDER NO.
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary
to appropriate certain specific funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund, to -
wit:
Capital Projects Fund the sum of $ 647,000
For the following purposes: Purchase of three (3) substation transformers
for Co-op and Vicksburg Substation.
Prior Appropriation Ordinance Numbers Issued for this Project None
Projected Costs Projected Funding_
3-15/20/25 MVA-69.12.5KV Capital Projects Fund -
Substation transformers to Electric Revenue Bonds
be placed at Co-op and Series 1981
Vicksburg substations. $647,000 $647,000
AND IT IS SO ORDERED
Passed by the Council on first reading this 10th day of September 1981
Passed by the Council on second reading this day of 19
ATTEST:
City Secretary -Treasurer
VERIFIED BY:/S/
Director of Finance
APPROVED BY:/S/
Department Head
143M
I
-40A-632-883 Consider Bid #6461 for insecticides (Health Dept.).
(46)
Item 1 Helena Chemical Company
Lubbock, TX ($13,612.50)
Item 2 Estes Chemical Company
Wichita Falls, TX ($1,074.50)
The motion was made by Councilman Brown, seconded by Councilwoman Baker
to approve Bid No. 6461. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilmen Brown and Aderton, and Councilwoman Baker voting Yea;
none voting Nay.
The Mayor announced a recess at 10:40 a.m. for executive session to be
held at 10:45 a.m.
Following lunch and discussion on Work Session Agenda, the Council
reconvened at 3:15 p.m.; Councilman M. J. Aderton was absent at this
time.
31-40A-632-884 Consider an ordinance calling an election for $40,196,000 General Obligation
(36) Bond propositions.
Ordinance No. 8241
At the Work Session discussion, the Council discussed at great length
the inclusion of some phase of the 34th Street/Quirt Railroad Crossing.
This item was listed on the CAC Report as "low priority" for the reason
that the total project of a great separation was in the vicinity of
$15,000,000. After considerable discussion, it was the feeling that
some effort should be made in the preliminary phase of honoring the
commitment to the residents of East Lubbock. The Council agreed to
include in Proposition No. 1 the $2.351 million for improving the grade
crossing, and to acquire the right-of-way necessary for the grade separation
which would have to be completed at a later time. This would make the total amount
for Proposition No. 1 at $9,495,000. Additionally, Director of Finance Robert Massengale
indicated two or three other alterations in the proposed ordinance, to -wit: Section 2 of
of the ordinance makes no provision for the,�use of paper ballots for absentee voting
by personal appearance, and by mail and the City Secretary requested this be revised
for the reason that the Justice Department has already approved the use of the paper
ballots for absentee balloting only; that the proposition as stated in the ordinance
need to be revised, altering the wording on two or three propositions. Those proposition
to be incorporated in the ordinance to be considered at the Bond Election are:
PROPOSITION I
"THE ISSUANCE OF $9,495,000 GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS"
PROPOSITION 2
"THE ISSUANCE OF $12,854,000 GENERAL OBLIGATION BONDS FOR CITY AIRPORT
IMPROVEMENTS"
PROPOSITION 3
"THE ISSUANCE OF $1,000.000 GENERAL OBLIGATION BONDS FOR HEALTH FACILITY
IMPROVEMENTS"
PROPOSITION 4
"THE ISSUANCE OF $877,000 GENERAL OBLIGATION BONDS FOR FIRE STATION
BUILDING IMPROVEMENTS"
PROPOSITION 5
"THE ISSUANCE OF $920,000 GENERAL OBLIGATION BONDS FOR RECREATIONAL
AND ATHLETIC FACILITIES"
PROPOSITION 6
"THE ISSUANCE OF $4,283,000 GENERAL OBLIGATION BONDS FOR TRAFFIC SIGNALIZATION
SYSTEM IMPROVEMENTS"
PROPOSITION 7
"THE ISSUANCE OF $5,226,000 GENERAL OBLIGATION BONDS FOR WATER SUPPLY AND
SYSTEM IMPROVEMENTS"
PROPOSITION 8
"THE ISSUANCE OF $7,892,000 GENERAL OBLIGATION BONDS FOR SANITARY SEWER SYSTEM
IMPROVEMENTS"
There being no further revisions or discussion on the matter, the motion
was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass
Ordinance 8241 on first reading, as revised, calling a Bond Election for
General Obligation Bonds for November 21, 1981, in the amount $42,547.000.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilman
Brown, and Councilwoman Baker voting Yea; none voting Nay; Councilman
Aderton absent.
I
81-40A-633 -885
(47)
81-40A-633 -886
(48)
81-40A-633 -88.7,
(49)
ORDINANCE NO. 8241
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, CALLING
A BOND ELECTION TO BE HELD WITHIN SAID CITY, MAKING PROVISION FOR THE
CONDUCT OF THE ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE
PURPOSE OF THIS ORDINANCE.
Consider one appointment to the COMMUNITY DEVELOPMENT ADVISORY COMMITTEE,
Sector I,
Jose Martinez 2805 - Baylor (15) 744-8792
To fill the unexpired term of Leroy Montoya, term expiring 5/31/83
Consider two appointments to the URBAN.DESIGN COMMISSION. The terms of
Dr. William J. Mayor -Oakes (Archaeology & Paleontology) and Michael E.-
Atcheson (Landscape Architecture) expire 9/14/81.
Dr. William J. Mayer -Oakes
Texas Tech University
Michael E. Atcheson
Both reappointed for 3-year terms,
4605
- 17th
(16) (R)
792-3944
3212
- 88th
(23) (Res)
792-8161
4010
Avenue
R (12)
747-0168
said terms to expire 9/14/84
Consider one appointment to the LUBBOCK CITY -COUNTY LIBRARY BOARD, to
fill the unexpired term of Angela Boren, who has resigned.
John R. Kreiger 4616 - 8th (16) 797-9221
Pres, KSEL P.O. Box 2369 (08) 747-2555
To fill the unexpired term of Angela Boren, term expiring 12/31/82
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, Councilman Brown, and Councilwoman
Baker voting Yea; none voting Nay; Councilman Aderton absent.
81-40A-633-887a There being no further business, and failing to get "the word" from City
Attorney Ross, the motion was made by Mayor Pro Tem Henry, seconded by Counc
Brown to adjourn at 3!.25 p.m. Upon the advice of City Attorney Ross, at
3:26 p.m. the Council reconvened - the motion being made by Councilman
Brown, seconded by Mayor Pro Tem Henry - 4 Yeas; no Nays; and Councilman
Aderton absent - to allow Mayor McAlister to make the following statement;
"The City Council has reviewed all available information relating the
status of Municipal Court Judge Robert E. Baker. We wish to resolve this
matter as soon as possible, but have asked for more details before final
consideration. The City Council will discuss this further in the near
future and will make a statement available at that time."
The motion was then made by Mayor Pro Tem Henry, seconded by Councilwoman
Baker to adjourn at 3:28 p.m. Motion carried: Mayor McAlister, Mayor
Pro Tem Henry, Councilman Brown, and Councilwoman Baker voting Yea; none
voting Nay; Councilman Aderton absent.
ILL McALISTER, MAYOR
ATTEST:
Evelyn Gaffga" City eeceqdiy-Treasurer
61-1
READ AND APPROVED THIS 24TH DAY OF SEPTEMBER , 1981
BILL _ffc_AtI S TER,-' MAYOR
ATTEST:
Evelyn Gaflfga, 'City S6cteWy-Treasurer