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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/8/1981669 OCT 8 1981 7 , , 'J CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING October 8, 1981 At 8:50 a.m., Mayor McAlister announced that an Executive Session would be held to consider land acquisiton and pending litigation. This announcement was made 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, October 8, 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 tTreasurer- Eve�lyn,, AG.Aff ga Absent: None. I81-40A-669--939 The invocation was given by Sam Wahl, Director of Water Utilities. 81-40A-669-940 The Pledge of Allegiance to the Flag was given in unison by those present in the ( 2) Council Chambers. 81-40A-669-941 Approval of minutes Regular Meeting, September 24, 1981 r 'de� �y�'Counailman-one -on, --,ecDzd fie -motion was ma -e--d--by Mayor Pro -'hem Henry to approve the minutes of September 24, 1981. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Citizen Appearances 81-40A-669-942 Board Appointments 4) Joe Hefley Parks and Recreation Board Proclamations 81-40A-669-943 "Navy Week" October 12-17, 1981 5) Receiving: Lieutenant Commander John Roe, Officer Programs Officer 81-40A-669-944 "Day -in -Court for Legal Secretaries" October 15, 1981 6) Receiving: Billy Kesterson, Chairman andCommitteeMembers 81-40A-669-945 "Medical Records Week" October 17-24, 1981 7) Receiving: Allie Howell, Medical Records Association Irene Rios, Medical Records Association 81-40A-669-946 "National Business Woman's Week" October 18-24, 1981 8) Receiving: Linda Beadle, President 81-40A-669-947 "Founders Day" October 15, 1981 (8a) Receiving: Dorothy Womack, President of local Pilot Club of Lubbock,.Inc. �81-40A-669-948 Consider appeal of Floyd D. Holder, Jr. to be placed on City Council Agenda to (9) discuss University Avenue medians. At the September 24, 1981 meeting, Mr. Holder appeared before the Council to request that his appeal be placed on the agenda at the next Council meeting. This appeal results from the decision of the 237th District Court, whereby Mr. Holder was denied a place on the agenda at the September 24, 1981 meeting to discuss the matter of the medians on University Avenue, the opponents being various merchants on that street. At the 8:45 Work Session, City Attorney Ross expressed concern about establishing a precedence in matters of a similar nature, as well as the contents of Mr. Holder's comments, it being fully understood that Mr. Holder was merely to request that his appeal be allowed, and that the merits of his presentation, if allowed, would be 670 OCT 8 1981 81-40A-670-949 (10). , 81-40A-670-950 (11) Ord. No. 8246 amends Ord. 7084 dated (6/26/75) 81-40A-670-951 (12) *Ord. No. 8247 amends Ord. 890 dated (11/10/48) Court. The Council';s opinion collectively at the discussion during Work Session was to the effect that ample consideration and a public hearing had been held on the University project and it was redundant to reopen the subject; that a commitment had been made to other merchants on that street regarding the widening, the parking on the east side and related matters, and to reopen the subject would be reneging on these commitments; that a lease agreement had been entered into with Texas Tech regarding this project and particularly with respect to the medians, and to reopen it would be a breach of contract, and in summation the Council would be derelict of duties to reconsider these matters at this time. Mr. Holder did appear in Regular Session and stated he would like to ask the Council to grant his appeal to "give me an opportunity to speak to the Council at the October 22, 1981 meeting on the agenda topic of the University Median Construction." Following his request, the motion was made by Councilwoman Baker, seconded by Councilman Aderton that the appeal of Mr. Floyd Holder be denied. Motion carried Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Bake.r,,,v.p,tin,g,�Yea;,none voting Nay. Mayor McAlgi4ern�gis4q4_to-,:§ta_te.at this time that the Council is not insensitive where the City of Lubbock is concerned, and when a lawsuit has been filed in Court, it is filed against the citizens of Lubbock, and it is the obligation and the responsibility of the Council to conduct their business in the best interest of the citizens, and to defend their interest in these matters that are in litigation; that two public hearings had been held on this subject - Mahon Library with the University Avenue Merchants group and the Public Hearing at City Hall - and this subject was discussed in great detail with the Merchants and with Texas Tech, and to reopen the subject and consider redesigning the medians would be a breach of contract with Texas Tech and would be extremely costly. Representative of the Electric Utility Board will present Cost of Service Electric Rate Study as submitted by Economics and Engineering Services, Inc. Mr. Lee Stafford, Vice Chairman of the Electric Utility Board, appeared before the Council and presented the study conducted by the Economic and Engineering Services, Inc. of Belview Washington, entitled "Conprehensive Electric Rate Study", said study being presented to the Electric Utilities Board at their September 29, 1981 meeting. Mr. Stafford indicated that the members of the Board were studying the material submitted, and would appreciate direction from the Council as to whether a joint meeting for an in-depth study with the representatives of Economic and Engineering Services present at the October 22, 1981 Council Meeting, at a separate Work Session Meeting, or whatever their pleasure would be. �', Mayor Pro Tem Henry indicated he would like for the Utility Board to meet with the representative and evaluate the study and then submit recommendation to the Council, as the other Boards do. The motion was then made by Councilman Brown, and seconded by Mayor Pro Tem Henry to accept the report as submitted, and to commend the Electric Utility Board for the type of study necessary for good management practices. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Ordinance No. 8246 An ordinance amending Sec. 16.3 and Sec. 17.4 of the Zoning Ordinance concerning game rooms as a conditional use. SMH:js ORDINANCE NO. 8246 AN ORDINANCE AMENDING ORDINANCE NO. 7084, CITY OF LUBBOCK, TEXAS, (BEING THE ZONING ORDINANCE), BY AMENDING SECTIONS 16 AND 17 THEREOF TO PROVIDE FOR GAME ROOMS (PINBALL MACHINES AND VIDEO GAME MACHINES ONLY) AS CONDITIONAL USES IN C-2 and C-3 ZONES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8247 An ordinance amending Sec. 18-2 of the Code with regard to negligent collisions. DGV:cl ORDINANCE NO. 8247 *NOTE: Ord. 8247 AN ORDINANCE AMENDING SECTION 18-32 OF THE CODE OF ORDINANCES OF THE CITY amended by 8468 OF LUBBOCK, TEXAS, PERTAINING TO RECKLESS COLLISION; PROVIDING A SAVINGS dated (8/11/83) CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 8246 and 8247 on second and final reading. Motion carried: 671 81-40A-671-952 (14) 81-40A-671-953 (15) *ORD. 8243 amends Ord. 6498 (11/19/72) 81-40A-671-954 (16) 81-40A-671-955 (17) Ordinance No. 8242 - Zone Case #2335 An ordinance changing a tract of land out of Sec. 36, Blk. A-K, from R-1 to M-1 zoning district, located at 50th St. and Homestead Avenue, subject to the following condition; a. That it be changed to IDP Zonijng District. SMH:pc ORDINANCE NO. 8242 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2335; CHANGE A TRACT OF LAND OUT OF SECTION 36, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO IDP ZONING'DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF'THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8243 - Zone Case 1391-G An ordinance to change Tract G, Live Oak Addition, amending condition No. 6 of Ordinance 6489, located at Loop 289 and Indiana, subject to the following conditions: a. That it be tied to the site plan as presented; b. That the fence be deleted on the west side only. SMH:pc ORDINANCE NO. 8243 AN;O$UINANCE•AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: 'ZONE CASE NO. 1391-G; CHANGE TRACT G, LIVE OAK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO AMEND CONDITION #6 OF ORDINANCE NO. 6489; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with the Council's instructions following the public hearing on September 24, 1981 regarding this Zone Case/Ordinance, the site plan was reviewed whereby the screening fence provided for adequate openings to allow for proper drainage. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 8242 and 8243 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. Ordinance No. 8244 - Zone Case 2337 An ordinance requesting Specific Use Zone Change from R-1 to A-1 for townhouses on a tract of land out of Sec. 7, Blk E-2, Deseret Addition, located at 58th Street and Gary Avenue. SMH:pc ORDINANCE NO. 8244 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2337; CHANGE A TRACT OF LAND OUT OF SECTION 7, BLOCK E-2, DESERET ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-2 ZONE DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. At the 8:45 a.m. Work Session, the Council considered the request of homeowner Fritz Jakobsmeier to postpone second reading of this ordinance until the October 22, 1981 meeting for the reason that there was additional information he wished to present. In his letter, Mr. Jakobsmeier did not give any indication as to the content of that information and the Council was adamant about reopening the hearing. At the Regular Session, they repeated the comments for the record following which the motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance 8244 on second and final reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilman Brown and Aderton, and Councilwoman Baker voting Yea; none voting Nay. Ordinance No. 8230 An ordinance abandoning and closing portions of 37th Street and Guava Avenue, and the alley located in Block 16, Phyllis Wheatley Subdivision, as amended. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8230 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. JWF:pc ORDINANCE NO. 8230 ANT nDn TNT AMP V ADA NTTNnMTMr AMn OT nCITNTO rrTIV VnT T nT.TTNTP 'Dr%Drr1T/INT0 'nD Crr1T)Vvrr AVn 672 OCT 8 1981 OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET AND ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-672-956 Consider a resolution accepting street paving improvements in Tract 3, All (18) Saints Addition. Resolution No. 933 These improvements were in the new subdivision located at 103rd Street and Indiana Avenue; W. D. Turner Construction Co. was the contractor. There are no City costs involved. JCR: cl RESOLUTION NO 933 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of All Saints Addition, Tract 3 made arrange- ments with W.D. Turner Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above subject addition including the following streets: North 2 of 103rd Street from its intersection with the East lip line of Indiana Avenue to its intersection with a line 500 feet East of the East property line of Indiana Avenue known and designated as New Subdivision Sub -Unit Number 42 of Unit Number 2028. East 1-2 of Indiana Avenue from its intersection with a line 30.00 feet South of North property line of 103rd Street to its intersection with a line 248 feet North of North property line of 103rd Street known and designated as New Subdivision Sub -Unit Number 43 of Unit Number 2028. (Curb and Gutter Only). AND WHEREAS, the construction of the above improvements on the above - mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the above -mentioned streets be and the same are hereby accepted. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8th DAY OF OCTOBER , 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Consolidated Final Estimate is filed with Original Resolution 81-40A-673-957 Consider a resolution accepting street paving improvements in Frankford Terrace (19) Addition (Tracts "A" through IIIII). Resolution No. 934 These paving improvements are located at 24th Street and Frankford Avenue; Kerr Construction Co. is the contractor. There are City costs in the amount $885.48 resulting from adjacent curb and gutter improvements to fill in the gap between 24th Street and where the new subdivision construction started, and will be funded by revenue sharing funds. There are paving cost in the amount of $529.93 to Lot 1, Cortez Addition, located adjacent to Frankford Avenue and are prepaid from monies set up in 1973 for this purpose. JCR: cl RESOLUTION NO. 934 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Frankford Terrace Addition, Tracts "A" thru "I" made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above mentioned addition including the following streets: Fulton Avenue from its intersection with the South lip line of 24th Street to its intersection with the North lip line of 25th Street known and designated as New Subdivision Sub -Unit Number 05 of Unit Number 2028. 25th Street from its intersection with the West raw edge of Frankford Avenue to its intersection with a line 950.16 feet West of the West property line of Frankford Avenue known and designated as New Subdivision Sub -Unit Number 06 of Unit Number 2028. Frankford Avenue from its intersection with a line 15.00 feet South of South property line of 24th Street to its intersection with a line 285 feet South of South property line of 25th Street known and designated as New Subdivision Sub - Unit Number 07 of Unit Number 2028. (Concrete Only). AND WHEREAS, the construction of the above improvements on the above -mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. up That the improvements on said portions of the above -mentioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost in the amount of $885.48 and to release escrow money in the amount of $529.93. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS ATTEST: 8th day of October ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: , 1981. ISI Bill McAlister BILL McALISTER, MAYOR /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Consolidated Final Estimate is filed with Original Resolution 674 OCT 8 1981 81-40A- 674-958 (20) Consider a resolution accepting street paving improvements in Lakeridge Country Club Estates Addition (Lots 130, 161, 162, 200, 221 and 228). Resolution No. 935 These paving improvements are for curb, gutter and concrete alley returns on the west side of Quaker from 88th Street to south of 89th Street and are prepaid paving assessments at the time the Lakeridge Country Cluh,_Estates was platted. JCR: cl RESOLUTION NO. 935 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Lakeridge Country Club Estates Addition, Lots 130, 161, 162, 200, 221 and 228 made arrangements with W.D. Turner Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above subject addition including the following street: Quaker Avenue from its intersection with a line 7.00 feet North of the North property line of alley North of 88th Street to its intersection with the South property line of Lot 220 known and designated as New Subdivision Sub -Unit Number 89 of Unit Number 2027. (Concrete Only). AND WHEREAS, the construction of the above improvements on the above - mentioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. up That the improvements on said portions of the above -mentioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to release escrow money in the amount of $7,143.95. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8th— day of ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ John C. Ross Jr. John C. Ross, Jr., City Attorney October —, 1981. ISI Bill McAlister BILL McALISTER, MAYOR * NOTE: Consolidated Final Estimate filed with Original Resolution. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution No. 933 accepting the paving improvements in the All Saints Addition; to pass Resolution No. 934 accepting the paving improvements at the Frankford Terrace Addition; and to pass Resolution 935 accepting the paving improvements in the Lakeridge Country Club Estates Addition, all referenced above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton, and Councilwoman Baker voting Yea; none voting Nay. 81-40A-674-959 Consider Change Order #1 to 1981 Street Maintenance contract (GWO 3285) (21) (_Reso. 848, 6/18/81). 81-40A-674-96Q Consider a resolution authorizing the Mayor to execute Change Order #1 to (22) 1981 Street Maintenance contract (GWO 3285). *Reso. 936 amends Resolution No. 936 675 OCT 8 1981 The final completion date now is July 1, 1982. The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve the requested Change Order referenced above, and to pass Resolution No. 936 authorizing Change Order #1 to the original contract. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton, and Councilwoman Baker voting Yea; none voting Nay. JCR: cl RESOLUTION NO. 936 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 Change Order No. I to the 1981 Maintenance Program (G.W.O. 3285), with W.D. Turner Con- struction Company, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. PASSED BY THE CITY COUNCIL THIS 8th day of October 1 1981. ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Don Jennings. Don Jennings, City Engineer APPROVED AS TO FORM: ISI J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney JWF: cl ISI Bill McAlister BILL McALISTER, MAYOR CHANGE ORDER NO. I TO: W.D. TURNER CONSTRUCTION COMPANY 3002 50th Street Lubbock, Texas 79413 Gentlemen: WHEREAS, it is desirable to make changes in the plans and specifications for the 1981 Maintenance Project, being namely extending the completion date because of unsuitable weather conditions. Original Amount of Contract G.W.O. 3285 $ 266,716.05 Increased by Change Order No. 1 -0- Total Amount of Contract ' $ 266,716.05 Completion for this Change Order - July 31, 1982 The work on this contract may be started anytime between June 15, 1982 to July 15, 1982 but must be completed by July 31, 1982. After July 31, Item No. 33 of Section Three of the Contract Documents will apply. THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the change shown here and in the revised plans. The Contractor agrees to proceed with construction and to adhere to applicable specifications, under the direction of the Engineer. Furthermore, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated, including 676 OCT 8 1931 one (1) attachment. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 8th day of October, 1981. W.D. Turner Construction Co. (Contractor) BY: /S/ Roy Turner Title /S/ Roy Turner W.D. Turner Construction Co. Roy Turner, President CITY OF LUBBOCK (Owner) BY: /S/ Bill McAIister Attest Evelyn Gaffga Bill McAlister, Mayor Evelyn Gaffga, City Secretary RECOMMENDED FOR APPROVAL ISI Don Jennings Don .Jennings, City Engineer APPROVED AS TO FORM: ISI J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney ISI Larry Cunningham Larry Cunningham, City Manager 81-40A-676-961 Consider an ordinance to abandon and close the alley in Lot 1, Edward and (23) Reed Addition. Ordinance No. 8249 This Addition is located west of North Knoxville Avenue between Grinnell and Erskine Streets, and is being replatted for development purposes. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 8249 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:cl ORDINANCE NO. 8249 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF AN ALLEY: THE ALLEY ADJACENT TO LOT I EDWARDS AND REED ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-676-962 Consider a resolution authorizing the City to purchase a tract of land (24) located in Section 9, Block E. Resolution No. 937 The Right -of -Way Department recommends the purchase of this 5.14 acre tract out of Section 9, Block E. from Minnie Helen Johnson for $15,420. The tract is located south of 82nd Street and east of Avenue P, and would be the future site of a water pump station, to be funded from Bond funds. The price is $3,000 per acre and is comparable to other land sales. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Resolution No. 937 authorizing the purchase of the above referenced tract. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Council Baker voting Yea; none voting Nay. JWF:j s RESOLUTION NO. 937 WHEREAS; lands as hereinafter described are needed for a water pump station for the expansion of the public municipal water utility system of the City of Lubbock, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT the Right -of -Way Department of the City of Lubbock is hereby authorized and directed to purchase from the owner, Minnie Helen Jackson, a 5.14 acre tract of land out of the NE 1/4 of Section 9, Block E, Lubbock County, Texas, for the purposes stated in the preamble hereof. 677 OCT 8 19s, SECTION 2: THAT the consideration to be paid the owner for such land purchase $15,420.00, which is hereby determined to be the fair market value thereof. Passed by the City Council this ATTEST: 8th day of October , 1981. /S/ Bill McAlister BILL McALISTER, MAYOR /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right -of -Way Agent /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT MINNIE HELEN JACKSON, a femme sole, of Lubbock County, Texas, hereinafter cal "GRANTOR" for and in consideration of total sum of TEN AND N0/100 ($10.00) DOLLARS, and other good and valuable consideration to them in hand paid by the CITY OF LUBBOCK, a Ho Rule Municipal Corporation, in cash, the receipt and sufficiency of which is hereby ack and confessed, and for the payment of which no right or lien, expressed or implied is retained. Have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY un the said CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, all that certain tract and parcel of land lying and being situated in Lubbock County, Texas, as follows: A five and fourteen-hundreths (5.14) acre tract of land out of the Northeast 1/4 of Section 9, Block E, Lubbock County, Texas and being particularly described as follows: BEGINNING at a 1/2 " iron bolt for the Northeast corner of Section 9, Block E, Lubbock County, Texas; THENCE South 89057' West along the North line of said Section 9 a distance of 340 feet to a 3/8" Rod; THENCE South 192.42 feet to a 3/8" Rod which shall be the Northeast and BEGINNING corner of this tract; THENCE South 89057' West 450 feet to a point; THENCE South 497.58 feet to a point; THENCE North 89057' East 450 feet to a point; THENCE North 497.58 feet to the BEGINNING corner of this tract. TO HAVE AND TO HOLD the above described premises, together with all and singular th rights and appurtenances thereto in anywise belonging to the said CITY OF LUBBOCK, its successors and assigns, forever and the said GRANTOR does hereby bind herself, her heirs 678 OCT 8 1981 and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said CITY OF LUBBOCK, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS OUR HANDS this — day of MINNIE HELEN JACKSON THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, on this day personally appeared the said MINNIE HELEN JACKSON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of 1981. Notary Public, Lubbock County, Texas 81-40A-678 -963 Consider a resolution authorizing the Mayor to execute a Street Use License (25) for Lots 14 and 15, Block 72, Original Town Addition. Resolution No. 938 Hugo Reed and Associates, Inc. is constructing a building overhang three feet over the right-of-way for a length of 55 feet, approximately 9 feet above the sidewalk. This expansion is located at 812 Avenue H. The Street Use License is for 20 years at a total cost of $200, and the provision that the City can cancel the license within 30 days written notice is included. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 938 authorizing the Street Use License to Hugo Reed and Associates, Inc. at 812 Avenue H. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton, and Councilwoman Baker voting Yea; none voting Nay. JWF: da RESOLUTION NO. 938 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 Street Use License in favor of Hugo Reed and Associates, Inc. attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of October ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Don Jennings Don Jennings, City Engineer .1981. /S/ J. Worth Gullingim J. Worth Fullingim, Asst. City Attorney *NOTE: Street Use License and "Exhibit A" (sketch of proposed awning) is filed with Original Resolution. 679 OCT 8 1981 81-40A-679 -964 (26) *RESO. No. 939 amends Reso. 735 (2/26/81) & Reso. 833 (6/18/81) 81-40A-679-965 (27) *See Reso 781 (4/9/81) for Orig. Contract 81-40A-679-966 (28) Consider a resolution authorizing the Mayor to sign an amendment to the Weatherization Assistance contract (Reso. 735, 2/26/81, amended by Reso 833, 1 6/18/81). Resolution No. 939 This amendment is for an additional $15,000 to the existing contract which expires December 31, 1981, and will be used to purchase materials and to pay salaries for the existing carpenters. The mimimum requirements under this contract is to weatherize thirteen (13) additional homes; however, the staff feels they can weatherize 20 - to 23 homes. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution No. 939 authorizing the amendment to the Weatherization Assistance contract. Motion carried: Mayro McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton, and Councilwoman Baker voting Yea; none voting Nay. DGV: j s RESOLUTION NO. 939 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment No. 2 to the contract between the Texas Department of Community Affairs and the City of Lubbock, Community Services Department, for weatherization assistance to low-income persons, which Amendment No. 2 is attached hereto to be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. . Passed by the City Council this ATTEST: 8th day of October 5 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: ISI Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney *NOTE: Amendment No. 2 FOR WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS is filed with original Resolution. Consider accepting the twelve pumps and motors, Sandhills Well Field, and authcrize final payment to the contractor Reso. No. 181, Irrigation Pumps & Power, Inc.) The final'cost was $15,974 with a final payment being $11,597.40 to the contractor. Consider a resolution accepting water and sewer improvements in Tract M and N, Rushland Park Addition. Resolution No. 940 RESOLUTION NO. 940 Resolution accepting water and sewer system improvements for Tracts M & N, Rushland Park Addition. WHEREAS, the developer of Tracts M & N, Rushland Park Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the w�lllcr and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $6,431.81 with the improvements constructed by Panhandle Construction Company having a value of $5,437.00 as determined by the unit prices established by said Chapter 34, and $994.81 cash paid to the City, with Rushland Park, Inc. WHEREAS, the construction of the said water and sewer improvements was preferred under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. b0O OCT 8 1981 2. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8th ATTESTED: /S/Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: /S/ Guy Wilson (for) Wilford D. Watson, Water Utilities APPROVED AS TO FORM: /S/ Donald G. Vandiver Asst. City Attorney DAY OF October , 1981 ISI Bill McAlister Bill McAlister, Mayor 81-40A-680-967 Consider a resolution authorizing the Mayor to sign a dedication deed for (29) Phyllis Wheatley Addition, Block 16-A. Resolution No. 941 This property was acquired by the City for purpose of constructing two digesters for the water reclamation plant, and the referenced deed closes the existing street and alley in this addition. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to accept the water improvements in the Sandhills Well Field, referenced above, and to authorize final payment to Irrigation Pumps and Power, Inc. in the amount of $11,597.40; to pass Resolution No. 940 accepting the water and sewer improvements in Rushland Park Addition; and to pass Resolution No. 941 authoriz the dedication deed in the Phyllis Wheatley Addition for the purposes of construction of the two digesters for the water reclamation plant. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 941 BE IT RESOLVED BY"THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Dedication Deed for Block 16-A, Phyllis Wheatley Addition 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 8th day of ATTEST: - I Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: October ISI Bill McAlister BILL McALISTER, MAYOR /S/ Guy Wilson (for) Wilford D. Watson, Water Utilities Engineer APPROVED AS TO FORM: 11981. ISI J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney DEDICATION DEED 6'81 r 81-40A-(817968 (30) *See Reso 856 dated (6/25/81) for orig. contract Bid 6394 81-40A-681-969 (31) This is to certify that the City of Lubbock, a home rule municipality located in Lubbock County, Texas, is the sole owner of a tract of land more particular described as follows: Block 16-A, a replat of Lots 1-22 (inclusive) of Block 16, Phyllis Wheatley Addition to the City of Lubbock, Lubbock County, Texas; and the undersigned does hereby plat the above -described property into lots and blocks, designating streets, alleys, easements (surface and/or underground), and other properties therein shown in accordance with the attached map, prepared by Richard R. Barton, Registered Public Land Surveyor, on the 16th day of September, 1981, and approved by the Planning Commission of the City of Lubbock on the day of 1981, and desiring to have the said property platted and duly filed for record as required by law, all as shown on the attached map; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the special benefits to the remainder of its property, the undersigned does hereby DEDICATE all the streets, alleys, easements (surface and/or underground), and other public properties thereon shown and designated upon said map to the PUBLIC for PUBLIC USE FOREVER: and by these presents does impress the name of "BLOCK 16A, PHYLLIS.WHEATLEY ADDITION to the City of Lubbock, Lubbock County, Texas" upon said property for the correct reference and description thereon as indicated upon the attached map, and it does hereby adopt the name hereinabove stated and impress the same upon the said land, incorporating said map as a part of this dedication. EXECUTED this 8th day of October , 1981 /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Guy Wilson (for) Wilford D. Watson, Water Utilities Engineer APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 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 of the City of Lubbock, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City, and that he executed the same as the act of said City for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of October , /S/ Olivia R. Solis Notary Public in and for Lubbock County,, Texas Commission;Expires 12/5/81 Consider Change Order No. 1 to Rhodes Pipe Company for construction of well collector lines for Wells 231-240 (Bid 6394, Reso. 856 6/25/81). This change order does not affect the total amount of the contract, but merely eliminates eight air valves at $1200 each and adds extra depth in the cut of the lines in the amount of $9600, and is recommended by the Water Utilities Staff. The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve the above referenced Change Order #1 as recommended. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton, and Councilwoman Baker voting Yea; none voting Nay. Consider changing dates for advertising and receiving bids for improvements at Southeast Water Reclamation Plant (9/24/81). *See Minutes of 9/24/81 for orig. date for adver- tising & receiv- ing bids. (81-40A-652-913) The proposed calendar for publishing the notice to bidders, receiving and awarding bids was established at the September 24, 1981 Council Meeting, but the engineers are having difficulty obtaining information from the manufacturers regarding the improvements at the Southeast Water Reclamation Plant,and,,therefore, recommend that the bids be received November 17 and awarded on November 19. 682 M•. 81-40A-682-970 (33) 81-40A-682-971 (34) bids, as recommended above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Consider approval of errors and corrections on City tax rolls. Each year certain errors appear on the Tax Rolls, and routinely the records are corrected by the Director of Finance making the appropriate voucher journal entry. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve the recommended corrections on the Tax Rolls. 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 sign an agreement with Construct Manager in connection with the construction of the new City garage facilities. Resolution No. 942 At the September 10, 1981 Council Work Session, Norman Igo and his associate, proposed the construction and renovation of a new garage -sanitation facility and at that time was instructed by the Council to prepare a contract whereby Igo -Schauer would serve as Construction Managers on the project. The Construction Manager would provide business administration and management services consistent with the interests of the City, coordinate the contract documents, coordinate the working relationships with the contractors, would supervise the performance of the contractors, maintaining the appropriate records of work performed, processing of payments, and so forth. The compensati would be 4% of the construction cost. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 942 authorizing the agreement with Igo -Schauer serving as Construction Managers. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton, and Councilwoman Baker voting Yea; none voting Nay. DGV: da RESOLUTION NO. 942 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 Standard Form of Agreement Between Owner and Construction Manager in connection with the construction of a new City garage facility, a copy of such contract is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resoluti as if fully copied herein in detail. Passed by the City Council this 8th day of October /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer /S/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney *NOTE: The American Institute of Architects Standard Form of Agreement filed with original Resolution. 81-40A-682 -972 Consider a resolution supporting proposed changes in the Davis -Bacon Act. (35) Resolution No. 943 The Davis -Bacon Act was enacted in 1931, and has long since become obsolete from a practical point of view. The proposed changes in the Act are beneficial to the local government from the standpoint of there are new methods for calculating the prevailing wage, which would affect semi -skilled helpers, and the practice of applying a wage survey data from one area to another, as mandated by the Department of Labor, no longer prevails. It is recommended 683 OCT 8 1981 It was the CONSENSUS of the Council that the entire Act needs to be repealed, but that is not in the foreseeable future apparently. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution No. 943 in support of the proposed changes in the Davis -Bacon Act Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton, and Councilwoman Baker voting Yea; none voting Nay. DGV: da RESOLUTION NO. 943 WHEREAS, the application of certain portions of the Davis -Bacon Act to federally funded projects of the City of Lubbock have resulted in inordinately high costs for labor on such projects; and WHEREAS, such high labor costs must ultimately be borne by the tax- payers of this community and the remainder of this nation; and WHEREAS, the methods for establishing costs of labor under the Davis - Bacon Act do not result in true and accurate costs of labor; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to submit this Resolution and such other comments as he may deem appropriate to the U.S. Department of Labor supporting amendment to the Department's rules implementing the Davis -Bacon Act, particularly with regard to the so- called "30 per cent rule," limiting wage surveys to the County of the project, and liberalization of the use "helpers" in place of journeymen; and THAT amendment to the Davis -Bacon Act raising the amount requiring Davis - Bacon Act compliance form the present sum of $2,000, established in 1931, to a more reasonable amount of at least $5,000, which is presently the amount required for bidding of contracts under state law, be sought; 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 8th day of —October 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Rita P. Harmon Rita Harmon, Director of Personnel /S/ Richard Mays Richard Mays, Community Development Coordinator APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney 81-40A-681-973 Consider claims against the City. (36) a. Claim No. 81-C-505 Luciano Mata $2,057.63 Auto Damage The motion was made by Councilwoman Baker, seconded by Councilman Brown to APPROVE the above referenced claim in the amount of $2057.63. 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-499 Tomas Villarreal, Jr. $202.13 Alleged auto windshield damage The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. C. Claim No. 81-C-471 Carol Thomas Barton $407.70 Plumbing Repair Reimbursement 684 OCT 8 1981 81-40A-684,_,,974 (37) 81-40A-684-975 (38) 81-40A-684-976 (39) 81-40A- 684-977 (40) DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. d. Claim No. 81-C-439 TEXAS COMMERCE BANK $2,300.00 Water damage National Association The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Consider Bid #6483 for miscellaneous water items (warehouse stock ). Item 1 M. B. McKee Company Lubbock, TX ($877.10) Trans -Tex Supply Company** Odessa, TX ($877.10), Item 2 Trans -Tex Supply Company Odessa, TX ($1,337.70) Item 3 M. B. McKee Company Lubbock, TX ($1,046,64) Trans -Tex Supply Company** Odessa, TX ($1,046.64) Item 4 M. B. McKee Company Lubbock, TX ($233.24) Trans -Tex Supply Company** Odessa, TX ($233.24) Item 5 M. B. McKee Company Lubbock, TX ($229.32) Item 6 M. B. McKee Company Lubbock, TX ($169.54) Trans -Tex Supply Company** Odessa, TX ($169.54) Item 7 M. B. McKee Company Lubbock, TX ($2,489.20) Mr. Floyd Nesbitt, Director of Purchasing, commented that there were tie bids on Items 1,3,4 & 6 on Bid # 6483 and requested Councilwoman Baker to draw; Trans -Texas Supply Company of Odessa was drawn as Low Bidder for those specific items. Consider Bid # 6484 for ductile iron water pipe (warehouse stock). Low Bidder C & C Municipal Supply Lubbock, TX ($16,135.00) Consider Bid #6485 for fire hydrants and valves (warehouse stock). Low Bidder M. B. McKee Company Lubbock, TX Consider Bid #6507 for one 1981 four door sedan. Low Bidder Modern Chevrolet Lubbock, TX ($8,312.00) Director of Purchasing, Floyd Nesbitt, indicated that Bid #6484, #6485, and #6507 were low bids, and met specifications. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to award the Bid on Items 1,3,4, & 6 of Bid No. 6483 to Trans -Texas Supply Company of Odessa, as drawn, also awarding Item 2 to Trans -Texas Supply Company of Odessa, as low bidder and to award Items 5, & 7 of Bid No. 6483 to M. B. McKee Company,of Lubbock; and to award Bid No. 6484, 6485 and 6507, as referenced above. 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 10:30 a.m. to reconvene in approximately 30 minutes. "M 81-40A-685-978 Ordinance No. 8248 (13) *NOTE: See Ord. An ordinance providing for annual adjustment charged for licenses, permits and .8239 for fee other City services. increase At the 8:30 Work Session, Councilman Brown raised the question as to the need of using the CPI as a basis for the annual adjustments in various license and permit charges, it being his thinking that the staff could analyze the costs better than relying on a governmental agency for indexing purposes, and he would prefer to see this handled at a local level. Discussion then ensued for changing the wording in Section 1-14 (a) deleting the reference to the Consumer Price Index (mid -paragraph) and inserting wording to the effect of "adjustments to be based on the percentage of increase/decrease in actual cost for the department administering the permit," and instructed the City Attorney to correct this wording. BY CONSENSUS, the revised wording was agreed upon and would be considered before second reading. At the Regular Meeting, the City Attorney and the Director of Finance having restructur the wording in the referenced paragraph to read: " . . . Adjustments shall be made based upon the percentage of increase or decrease in the actual cost for the department administering the respective permit, license or fee and such determination shall be made on the basis of the percentage of such increase in actual cost for August of each successive year . . . ". The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Ordinance No. 8248, as amended. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:js Ordinance No. 8248 AN ORDINANCE PROVIDING FOR THE ANNUAL ADJUSTMENT OF FEES CHARGED FOR LICENSES, PERMITS AND OTHER CITY SERVICES ESTABLISHED BY ORDINANCE; ESTABLISHING A FORMULA FOR SUCH ANNUAL ADJUSTMENTS; PROVIDING THAT A LIST OF ALL FEES SO ADJUSTED SHALL BE FILED ANNUALLY WITH THE CITY SECRETARY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-68J7-979 Consider a resolution nominating candidates for the election of the Lubbock County (32) Tax Appraisal District Board of Directors. *See: Reso. No. 297 Resolution No. 944 11/79) and Reso. 333 (11/8/79) There are five positions on the Lubbock County Tax Appraisal Board, said members being elected by a proportionate number of votes per taxing entity within the County. All nominations for the forthcoming election need to be on file with the County Clerk by October 15. To be eligible for the Appraisal Board, the person must be a resident of the Appraisal District and have resided in the District for two years immediately preceding the date he takes office. Additionally, a person is eligible to serve on the Board even though he may be a member of the governing body of one of the taxing units. Only one member of the five -member board can be an employee of any taxing unit in the District. After all nominations are submitted by the taxing units, the County Clerk will prepare a ballot and will ascertain the number of votes for each taxing unit. The Council will ballot on the nominees at a later meeting. Those names submitted by the Council are: John Wilkerson, Jr. 4701 - 19th E. Jack Brown P.O. Box 2878 The motion was made by Councilwoman Baker, seconded by Councilman Aderton to nominate Messrs. Wilkerson and Brown for the Tax Appraisal District Board of Directors. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV: j s RESOLUTION NO. 944 WHEREAS, there has been enacted in the State of Texas an Act relating to ad valorem taxation of property (S.B. 621) and this Act applies to and is controlling on the City of Lubbock, Texas, as a taxing unit; and WHEREAS, there is created under the provisions of this Act, a Board of Directors to govern the Appraisal District established by the Act, the City of Lubbock is desirous of nominating candidates to be placed on the ballot for election to this Board of Directors upon the next election as provided by this Act. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 686 OCT 8 1981 THAT the following persons are nominated by the governing body of the City of Lubbock as candidates for positions on the Board of Directors of the Appraisal District created for the County of Lubbock and that the names,of these candidates be submitted to the County Clerk of Lubbock County by the Mayor to be placed on the ballot for election to such positions at the next election for such purpose: John Wilkerson, Jr., 4701 - 19th, Lubbock (07) (745-3611--Bus) E. Jack Brown, P.O. Box 2878, Lubbock, (08) (745-4511 - Bus) Passed by the City Council this 8th day of October 1981. ISI Bill McAlister BILL McALISTER, MAYOR F.111061086 ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney 81-40A-686-980 Consider Municipal Coliseum renovation and funding. (35A) The Texas Tech Officials, the Civic Centers Board, and Mayor McAlister and Councilwoman Baker representing the City Council, have worked diligently to ascertain the improvements for the Coliseum. Texas Tech submits the following priority list: 1. The ceiling or roof at the Coliseum has a leak. 2. Lighting in the Coliseum needs to be upgraded. 3. Varsity and visitor's dressing rooms need to be cleaned up and repaired and improved ventilation installed. 4. Existing seating needs to be repaired and provisions for an on -going maintenance. 5. Painting the walls inside the Coliseum from the air handlers down and repainting the seats. 6. New seating around the basketball floor to improve attractiveness and comfort. 7. Repair and rehabilitation in the concourse area. With regard to Item No. 1, the leaks in the Coliseum's ceiling, upon careful investigation by the City staff, apparently resulted from skylight windows being open for ventilation last May when the facility was used for graduation exercises, and apparently someone failed to close them, thus resulting in a leak. Upon careful re-examination through the recent rains, there is no leak apparent and this matter has been resolved by closing the skylight windows. With regard to Item No. 2, above, Texas Tech would like to have additional lighting before the first basketball home game, and the engineering firm of Fanning and Agnew has made their recommendation as to what is needed at an estimated cost of $50,000. With regard to Item No. 3, the dressing rooms are in need of improved ventilatic new plumbing fixtures, partitions, repainting and repairing of an existing water leak in the dressing room area. It is estimated that it will cost $20,000 to repair the water leak, which must be done first before the other improvements can be considered. Additionally, it is estimated that it will cost $50,000 to renovate the dressing room - $24,000 for the varsity dressing room and $25,500 for the visitor's dressing room. Total estimate cost for all improvements in this category is $70,000. Regarding Item No. 4, it is estimated that it will cost $3,000 to repair the seating mechanisms and an estimated $1,500 for maintenance to keep them in working order annually for a total estimate of $3,000. aj With regard to Item No. 5, it is estimated that cost for repainting the walls of the Coliseum and spot -painting the seats by hand, which are in need for resanding and repainting, would be an estimated $3,000. The existing seats are baked -on enamel, and in the interest of cost, it is recommended that the EN floor is needing immediate attention, and it is projected that the cost for replacement of the type of seating used in the Exhibition Hall at the Civic Center would be $150,000. However, the athletic director for Texas Tech is still securing information on this particular item. With regard to Item No. 7, repair and rehabilitation of the concourse area is estimated at $10,000 for repainting the walls in the two entrances and the vendor areas and approximately $16,000 for repairs and plumbing fixtures in the eight public restrooms, for a total cost of $26,000. Additionally, Texas Tech has already ordered a new floor for the basketball program at an estimated cost of $46,000 and new backboards at an estimated cost of $23,000. The discussion that ensued by members of the Council reflected that exclusive of workouts, Texas Tech events utilize the facilities 55.90% and including workouts, Texas Tech uses the facilities 79.39% and, therefore, Texas Tech should share one-half of. all costs; fthat the City may want to consider sharing in the cost of the basketball floor a little bit, in that other athletic events that the Civic Lubbock, Inc. sponsors throughout the year, i.e., high school basketball tournaments, and we might want to pay a percentage of that, but, to offset that, Texas Tech definitely wants this new floor, which is understandable, but we (City) are going to be out some money in putting it down and taking it up and so we are going to have some more costs, and I think we can put a little more money here (costs of assembling and disassembling) so that would justify the use of it (the floor) two or three times a year, so that balances off and that's a fair thing because it is going to take two or three hours to take it up and put it downf;that the current tartan floor will remain in place and the new flooring will be placed on top; that there would be a readjustment in the rental rates with all the improvements particularly with the use of the new basketball floor, the assembling and disassembling as required, etc.; that Texas Tech should participate in the renovation of the visitor's dressing rooms in that these facilities are used by "visitors" at Texas Tech events, and the policy of using the varsity dressing rooms should be established by the Civic Centers Board. In response to how the improvements are to be funded, City Manager Cunningham responded that $40,000 would come from revenues from Civic Lubbock, Inc., which are in excess to their original projection; $8,000 for renovation of the concourse would be the Civic Lubbock, Inc.'s expense inasmuch as they are the recipients from revenues resulting from the concessions; and, the balance of $27,000 would be from interest earned from the investment of the Revenue Sharing Funds. Following all discussion, the motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to accept the proposal from Texas Tech regarding the renovation of the Coliseum with the exception that the City participate to the extent of one-half of the cost of renovating the visitor's dressing rooms and Texas Tech participate in the other one-half of the particular expense; that the funding of these expenses come from the plan as outlined by the City Manager, i.e. $40,000 from additional revenue from Civic Lubbock, Inc., $8,000 - Civic Lubbock, Inc. budget, and the balance earned from interest earned from Revenue Sharing Funds that are invested; that the City Attorney proceed to draft a contract with Texas Tech regarding the implementation of this plan. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. All members of the Council concurred with Mayor Pro Tem Henry that we have entered into a new era of cooperation between the City and Texas Tech, and the above project exemplifies the spirit of unity and cooperation between the two governmental entities. The Council recessed at 11:55 a.m. for lunch with the Lubbock Firefighters at Station No. 5 and to tour the newly renovated facility as well as Station No. 9, which is also newly renovated. Upon the return to City Hall at 1:30 p.m., Executive Session was held after which the following action was taken: 81-40A-687-981 Resolution No. 945 (35B) Following Executive Session, the motion was made by Mayor Pro Tem Henry that Resolution No. 945 be approved authorizing the Mayor to execute an Irrigation Line Relocation Agreement with Joe N. Nislar, et al, and to further authorize the Quit Claim Deed (Exhibit "A") to be signed by Joe N. Nislar, et al, and to authorize the Irrigation Line Easement (Exhibit "B"), and that these are hereby approved; that the execution of the two documents attached as Exhibits are conditional pending the execution of the Relocation Agreement between the City and Joe N. Nislar, et al. Motion tarried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 688 OCT 8 190i.` JWF:pc RESOLUTION NO. 945 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 Irrigation Line Relocation Agreement to be executed by said City and Joe N. Nislar, and wife, Mildred Nislar, Ora Nislar, individually, and Ora L. Nislar and American State Bank of Lubbock, Texas as Co -Executors and Co -Trustees under the Estate of 0. L. Nislar (Deceased) and of the James Robert Nislar Trust and the 0. L. Nislar, Jr. Trust under said Estate, Jerry N. Nislar and wife, Marilyn Nislar, 0. L. Nislar Jr. and wife, Doris Nislar, and James Robert Nislar, hereinafter collectively called "Nislars", and the said Mayor is further authorized and directed to execute and cause to be delivered at the appropriate time under said agreement on behalf of the City unto the said Nislars an Irrigaion Line Easement in the form as set forth as "Exhibit B" to the aforesaid Irrigation Line Relocation 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 8th day of ATTEST: October 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Carroll McDonald Carroll McDonald, Director of Electric Utilities ISI J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney Irrigation Line Relocation Agreement STATE OF TEXAS COUNTY OF LUBBOCK Comes now Joe N. Nislar, and wife, Mildred Nislar, Ora Nislar, individuall, and Ora L. Nislar and American State Bank of Lubbock, Texas as Co -Executors and Co -Trustees under the Estate of 0. L. Nislar (Deceased) and of the James Robert Nislar Trust and the 0. L. Nislar, Jr. Trust under said Estate, Jerry N. Nislar and wife, Marilyn Nislar, 0. L. Nislar Jr. and wife, Doris Nislar, and James Robert Nislar, hereinafter collectively called "Nislars", and the City of Lubbock, a home rule municipality located in Lubbock County, Texas, hereinafter called "City" in consideration of the mutual promises and agreement! to be kept and performed by the Nislars and the City as hereinafter set forth, do hereby contract and agree as follows: 1. Nislars retain the easement north of the south 512.6 feet of a 20 foot wide easement as set forth in a deed recorded in Volume 979, page 647, et. seq, of the Deed Records of Lubbock County, Texas, reference to which deed is hereby made for a more particular description of said easement, insofar as the repairing, maintaining, and replacing of an irrigation line and ingress, egress, and regress for such purposes. Nislars will, in the form shown on attached Exhibit A, quitclaim the easement north of the south 512.6 feet of such easement insofar as ingress and egress to and from Highway No. 84 to other land of the Nislars and such quitclaim deed shall also quitclaim all easements and all rights of the Nislars in said easement which lie in the south 512.6 feet of said 20 foot easement, such quitclaim deed to be delivered as hereinafter provided in Section 4 hereof. 2. City will relocate or cause to be relocated (at its expense) an 8 inch P.V.C. irrigation line of the Nislars by connecting on the existing irrigation line of the Nislars at the north end of the said south 512.6 feet of said 20 foot wide easement above referred to and placing said irrigation line in a twenty foot wide easement (which easement is to be conveyed to the Nislars by the City in form on attached Exhibit B for maintaining, repairing, and replacing of said irrigation line and ingress and egress for such purposes) proceeding west along the edge of City property approximately 387.4 feet and thence south approximately 532.6 feet along the western edge of City property said 20 foot wide easement to be conveyed to Nislars by the City is described and located ME 532.6' from the S.E. corner of Section 4, Block S, Lubbock County, Texas; THENCE S 890 16' W 387.4' to a point. THENCE S 00 44' E 532.6' to a point in the south line of Section 4, Block S. THENCE N 890 16' E 20' to a point. THENCE N 00 44' W 502.6' to a point. THENCE N 440 16' E 14.14' to a point. THENCE N 890 16' E. 357.4' to a point. THENCE N 00 44' W 20' to the point of beginning. Such remaining relocated irrigation line shall then proceed insofar as feasible o n1 the Nislar property just south of the City 38.58 acre tract and connect up with the exi Nislar irrigation line. Appropriate adjustment and relocation in the valves shall be m on the northern edge of the Nislar property to make the relocated irrigation line compa with the existing Nislar irrigation system. The City, its contractors, servants, representatives, officials and authorized age shall have temporary reasonable ingress, egress, and regress on the Nislar property necessary to complete the irrigation line relocation on the Nislar property, and the Nislars waive any right to crop damage occasioned by such irrigation line relocation on the Nislar property, and agree to hold the City harmless of and from any claims with respect to such crop damage. 3. City shall pay to o the Nislars the sum of.$11,440.00 to relocate their easement to Highway No. 84 and the remainder of their property, and $5000.00 for inconvenience in relocation of their irrigation line and easements, such payment to be made after acceptance of the relocated irrigation line by a qualified irrigation line inspector chosen by the Nislars and acceptable to the City, and City agrees to pay a reasonable fee to such inspector for such service. 4. After acceptance of the relocation of the irrigation line in writing by the said irrigation line inspector which acceptance shall be delivered by the Nislars to the City, the Nislars shall be paid the sums of money mentioned in Section 3 hereof, and contemporaneously with receipt of such sums of money as aforesaid by the Nislars, the Nislars will deliver the quitclaim deed referred to in Section 1 hereof unto the City. City shall thereupon deliver the easement referred to in Section 2 of this agreement unto the Nislars. 5. It is hereby stipulated that this agreement shall be completed as expeditiously as practicable by the Nislars and the City, and said parties will exercise their best efforts to complete the same on or before the lst day of December, 1981. 6. After completion and acceptance of the irrigation line by the said irrigation line inspector, the delivery to the Nislars of the easement to be conveyed to them by the City, and the payment to the Nislars of the moneys to be paid to them in full in accordance with this contract, then the Nislars shall have no further claim against the City arising out of this transaction and the Nislars ipso facto upon the happening of such events thereby and by these presents do hereby release any of such claims or potential claims unto the City of Lubbock in full. The City agrees and does hereby indemnify and hold the Nislars harmless from any and all claims, causes of action, liabilities, including reasonable attorney's fees, arising from damages or personal injury resulting from the construction and installation of the relocated irrigation line herein contemplated for construction. The City further agrees to pay off and discharge or caused to be released any liens or affidavit claims for labor or materials against the easement rights owned by the Nislars and to be granted Nislars hereunder. 7. As an additional consideration of $10,000.00 to be deposited in the registry of the County Court at Law No. 2 of Lubbock County, Texas Cause No. CV81-00613.2 by the City with the Clerk of said Court for the use and benefit of the Nislars, in addition to the $16,315.00 already deposited with the Clerk of said Court for the use and benefit of said Nislars as defendants in condemnation proceeding No. 403 in said Court, being appealed by the said Nislars from the Award of Special Commissioners as Civil Cause No. CV 81-00613.2, the Nislars do hereby agree to dismiss their appeal of said award, and in consideration of said payment made or to be made by the City, the Nislars agree to move for dismissal of their appeal, and to submission to the Court, and if approved by the Court, entry of a judgment vesting title to the electrica power line easement as prayed for in the City's Petition in Condemnation in said Cause, and the Nislars agree to assist the City in every way practicable to affect the entry of said judgment, to the end that said judgment can be entered insofar as feasible contemporaneously with completion of the remaining terms and provisions of this agreement hereinabove set forth. Reference is made to all papers on file in said Civil Cause No. CV 81-00613.2 for all pertinent purposes. City agrees to not build or construct any improvements, including utility lines or pipelines, upon the irrigation pipe line easement granted Nislars which will 91 ble j 690 OCT 8 1981 interfere with the Nislars use and enjoyment of such easement, and will not fens such easement within an enclosure. Executed this -8th day of October 1981 ?S/ Joe N. Nislar Joe N. Nislar /S/ Mildred Nislar Mildred Nislar /S/ 0. L. Nislar 0. L. Nislar, Jr. /S/ Doris Nislar Doris Nislar 0-w-fts /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Carroll McDonald Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § /S/ Ora Nislar Ora Nislar /S/Jerry N. Nislar Jerry N. Nislar /S/ Marilyn Nislar Marilyn Nislar /S/ James Robert Nislar James Robert Nislar AMERICAN STATE BANK OF LUBBOCK, TEXAS BY: ISI John R. Cammack Trust Officer of said Bank CITY OF LUBBOCK /S/ Bill McAlister BILL McALISTER, MAYOR BEFORE ME, the undersigned authority, on this day personally appeared Joe N. Nislar and wife, Mildred Nislar, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 13th DAY OF October 1981 /S/ Dole H. Johnson Notary Public, Lubbock County, Texas My Commission Expires:12/22/84 THE STATE OF TEXAS § COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, on this day personally appeared Ora Nislar known to me to be the person whose name is subscribed to the foregoing instrument and acknolwedged to me that she executed the same for the purposes and consideration therein expressed, and in the capacities hereinabove stated, and as the act and deed of the Estate of 0. L. Nislar (deceased) and the James Robert Nislar Trust and the 0. L. Nislar, Jr. Trust under said Estate. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _13th DAY OF October OU-01M ISI Barbara Jackson Notary Public, Lubbock County, Texas My Commission Expires: 6/14IS3 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, on this day personally appeared Jerry N. Nislar and wife, Marilyn Nislar, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that - � 691 OCT 8 1981 GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS —13th DAY OF October 1981. THE STATE OF TEXAS COUNTY OF LUBBOCK ISI Dole H. Johnson Notary Public, Lubbock County, Texas My Commission Expires: 12/22/84 z BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared 0. L. Nislar, Jr., and wife, Doris Nislar, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 13th DAY OF October . 1981. /S/ Barbara Jackson Notary Public, Lubbock County, Texas My Commission Expires: 6/14/1983 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 James Robert Nislar, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 13th DAY OF October , /S/ Barbara Jackson Notary Public, Lubbock County, Texas My Commission Expires: 6/14/1983 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 John R. Cammack 5 Trust Officer of American State Bank of Lubbock, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacities hereinabove stated, and as the act and deed of the Estate of 0. L. Nislar (deceased) and the James Robert Nislar Trust and the 0. L. Nislar, Jr. Trust under said Estate. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS —9th DAY OF October /S/ Dole H. Johnson Notary Public, Lubbock County, Texas My Commission Expires: 12/22/84 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 of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 8th DAY OF October 1981. /S/ Olivia R. Solis Notary Public, Lubbock County, Texas My Commission Expires: 12/5/81 "EXHIBIT A" Quitclaim Deed STATE OF TEXAS COUNTY OF LUBBOCK That Joe N. Nislar, and wife, Mildred Nislar, Ora Nislar, individually, and Ora L. Nislar and American State Bank of Lubbock, Texas as Co -Executors and Co -Trustees under the Estate of 0. L. Nislar (deceased) and of the James Robert Nislar Trust and the 0. L. Nislar, Jr. Trust under said Estate, Jerry N. Nislar and wife, Marilyn Nislar, 0. L. Nislar Jr. and wife, Doris Nislar, and James Robert Nislar, hereinafter collectively called "Nislars", for and in consideration of TEN AND N01100 DOLLARS and other good and valuable considerat to the Nislars in hand paid by the City of Lubbock, a home rule municipality, herein called "City", receipt of which is hereby acknowledged and confessed, said Nislars do hereby release and quitclaim unto the City the easement north of the south 512.6 feet of a 20 foot wide easement owned by the Nislars as set forth in a deed recorded in Volume 979, page 647, et seq., of the Deed Records of Lubbock County; Texas, reference to which deed is hereby made for a more particular description of said 20 foot wide easement, insofar as ingress and egress to and from Highway No. 84 to other lands of the Nislars only is concerned, and for the self same consideration the Nislars do hereby release and quitclaim unto the City all the easement rights of whatsoever kind or nature which the Nislars own and possess which lie in the south 512.6 feet of said 20 foot wide easement. All easement rights of the Nislars in and to said 20 foot wide easement which are not herein specifically released and quitclaimed unto the City are hereby retained by the Nislars. Nislars fully release and quitclaim unto the City of Lubbock any and all claims they may have, if any, arising in any manner out of this transaction in which this quitclaim deed forms an integral part. Executed this day of 19 ISI Joe N. Nislar Joe N. Nislar Mildred Nislar Ora Nislar Jerry N. Nislar Marilyn Nislar 0. L. Nislar, Jr. Doris Nislar James Robert Nislar AMERICAN STATE BANK OF LUBBOCK, TEXAS BY: /S/ John R. Cammack Trust Officer of said Bank THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, on this day personally appeared Joe N. Nislar and wife, Mildred Nislar, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they 693 OCT 8 198, each executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 19 Notary Public, Lubbock County, Texas My Commission Expires: THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, on this day personally appeared Ora Nislar known to me to be the person whose name is subscribed to the foregoing instrument and acknolwedged to me that she executed the same for the purposes and consideration therein expressed, and in the capacities hereinabove stated, and as the act and deed of the Estate of 0. L. Nislar (deceased) and the James Robert Nislar Trust and the 0. L. Nislar, Jr. Trust under said Estate. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF Notary Public, Lubbock County, Texas My Commission Expires: THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, on this day personally appeared Jerry N. Nislar and wife, Marilyn Nislar, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 1981. THE STATE OF TEXAS COUNTY OF LUBBOCK DAY OF Notary Public, Lubbock County, Texas My Commission Expires: BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared 0. L. Nislar, Jr., and wife, Doris Nislar, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF Notary Public, Lubbock County, Texas My Commission Expires: "EXHIBIT B" Irrigation Line Easement STATE OF TEXAS COUNTY OF LUBBOCK That the City of Lubbock, a home rule municipality, herein called "City", for and in consideration of TEN AND N01100 DOLLARS ($10.00) and other good and valuable consideration to it in hand paid by Joe N. Nislar, and wife, Mildred Nislar, Ora Nislar, individually, and Ora L. Nislar, and American State Bank of Lubbock, Texas as Co -Executors and Co -Trustees under the Estate of 0. L. Nislar (Deceased) and of the James Robert Nislar Trust and the 0. L. Nislar, Jr. Trust under said Estate, Jerry N. Nislar and wife, Marilyn Nislar, 0. L. Nislar Jr. and wife, Doris Nislar, and James Robert Nislar, hereinafter collectively called "Nislars", receipt of which consideration is acknowledged and confessed by City, said City does hereby bargain, sell, and convey unto the Nislars a 20 foot wide easement for the purposes of repairing, maintaining, and replacing an irrigation line together with ingress and egress for such 694 532.6' from the S.E. corner of Section 4, Block S, Lubbock County, Texas; THENCE S 890 16' W 387.4' to a point. THENCE S 00 44' E 532.6' to a point in the South line of Section 4, Block S. THENCE N 890 16' E 20' to a point. THENCE N 00 44' W 502.6' to a point. THENCE N 440 16' E 14.14' to a point. THENCE N 890 16' E 357.4' to a point. THENCE N 00 44' W 20' to the point of beginning. To have and to hold said easement unto the Nislars, their respective heirs, successors, and assigns, for a period of 50 years from the date next below appearing said Nislars may renew their easement for another 50 years by notifying the City Secretary of the City of their intention to so do in writing by certified United States mail during the last year of said original 50 year term and at least 60 days before the expiration of the last year of said original 50 year term. If the Nislars fail to timely notify the City Secretary of the City in writing by U.S. mail as aforesaid of their intention to renew this easement for another 50 years, then in such event this easement shall run on and be in effect into the said next 50 year term until such time as the City Secretary of the City notifies the Nislars, or any one of them, or any one of their successors or assigns at any address of any one of said Nislars, their successors or assigns, as determined by City from the local Lubbock telephone or City directory, in writing by certified U.S. mail to the effect that this easement should be renewed, and if the Nislars renew the easement by notifying the City Secretary of the City in writing by certified U.S. mail within the 60 days of receipt of such notification to the effect that it is their desire to renew such easement, then this easement shall be renewed for the remainder of said next 50 year term, and if the Nislars fail to so timely notify the City Secretary of the City of their desire to renew this easement for said next 50 year term, then this easement shall expire and be no longer of any force and effect. City agrees to not build or construct any improvements, including utility lines or pipelines, upon the irrigation pipe line easement granted Nislars which will interfere with the Nislars use and enjoyment of such easement, and will not fence such easement within an enclosure. Witness the hand of the City of Lubbock at Lubbock, Texas this 8th day of October -, 1981 /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Carroll McDonald Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: J. Worth Fullingim, Asst. City Attorney 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 DAY OF Notary Public, Lubbock County, Texas 695 OCT 8 1981 After completing the Work Session items, the meeting was adjourned at 4:05 p.m. ,.F MILL McALISTER, -MAYOR ATTEST: Evelyn GZf-g-a--,--'City gec'ref/ary-Treasurer READ AND APPROVED THIS 22nd DAY OF OCTOBER, 1981. ATTEST: 144— Evelyn Gaffga, eii-y Se,&,�,f 51-Treasurer 7-7 . a U-39 a Doi 15