HomeMy WebLinkAboutMinutes - City Council - Regular - 11/12/1981im
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
November 12, 1981
At 8:37 a.m., Mayor Pro Tem Alan Henry announced that an Executive Session
would be held for the purposes of discussing personnel matters. This announcement
was made in accordance with Section 2F, Art. 625217, V.A.T.S.
The City Council of the City of Lubbock, Texas met for its regualr meeting
Thursday, October 22, 1981, at 9:30 a.m. in the City Council Chambers, Second
Floor, City Hall.
Thoses 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 Secretary -Treasurer Evelyn Gaffga, and Assistant City Attorney Don Vandiver.
Absent: John C. Ross, Jr.
81-40A-718-1023 The invocation was given by Councilman E. Jack Brown.
( 1)
81-40A-718-1024 The Pledge of Allegiance to the Flag was given in unison by those present in
( 2) the Council Chambers.
81-40A-718-1025 Approval of minutes Regular Meeting, October 22, 1981
3) The motion was made by Councilman Aderton, seconded by Councilman Brown to
approve the minutes of October 22, 1981. Motion carried: 5 Yeas; 0 Nays.
Citizen Appearances
Proclamations
81-40A-718-1026 "Prime Time for Women Week" - November 15-21, 1981.
4)
Receiving: Laurel Phipps
Suzan Achafer
Joy Lambert
Halcyon Bpggett
Ruth Lauer
81-40A-718-1027 "Crime Prevention Week" - November 15 - 21, 1981
(4a)
Receiving: Da)iid Standlee
81-40A-718-1028 "Labor's Centennial Year" - 1981
(4b)
Receiving: T. J. McConnell, President of Lubbock Central
Labor Council Union
81-40A-718-1029
Mr. Bill Armstrong, Chairman of the Civic Centers Board, will appear to
5)
request . contracting for professional services for renovation of the
Auditorium -Coliseum.
*Resolution
#1051(3/25/82)
Mr. Bill Armstrong, Chairman of the Civic Centers Board, appeared before
amends minuted
the Council to recommend that a project coordinator be hired for the
action(Item 5).
renovation of the Auditorium -Coliseum, to be paid out of project funds.
His work would include the selection of materials, colors, and sound
improvement, lighting general repair and renovation; that the contract
would be on an hourly basis for the purpose of providing assistance in
the above areas where necessary. The Board did not have a specific
recommendation to make, but the determination would be through the
interviewing process and would be handled by the Housing Maintenance and
Concessions Committee of the Civic Centers Board in conjunction with
City Staff. Eighty six thousand -five hundred dollars has been appropriated
for this renovation from Revenue Sharing Funds.
The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem.
Henry to accept the recommendation of the Civic Centers Board and authorize
the hiring of a project coordinator, to be hired on an hou-�.ly`.basis and
to be funded from project funds. All other details would be as stated
a bove. Motion carried: 5 Yeas; 0 Nays.
F�
81-40A-719-1030 Ordinance No. 8256
( 6)
An appropriation ordinance for engineering services for power sypply study by Tippett
& Gee.
81-40A-719-1031
( 7)
81-40A-719-1032
( 8)
ORDINANCE NO. 8256
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 $ 125,000
For the following purposes: Power Supply Study by Tippett and Gee Consulting
Engineers
Prior Appropriation Ordinance Numbers Issued for this Project
Projected Costs
Projected Funding
Engineering Services Contract Reserve for Capital
dated September 25, 1980 $125,000 Improvements $125,000
AND IT IS SO ORDERED
Passed by the Council on first reading this 22nd day of October 1981 .
Passed by the Council on second reading this 12th day of Nobember 1981 .
ATTEST:/S/ Evelyn Gaffga
City Secretary -Treasurer
Ordinance No. 8255
/S/ Bill McAlister Mayor
VERIFIED BY: /S/ J. Robert Massengale
Director of Finance
APPROVED BY: /S/ Caroll McDonald
Department Head
An ordinance amending Sec. 13-3(c) of the Code with regard to permit fees charged by
the Health Department related to food processing establishments with more than
10,000 sq. ft. of floor area.
DGV:js
ORDINANCE NO. 8255
AN ORDINANCE AMENDING SEC. 13-3, SUBSECTION (c), OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK WITH REGARD TO PERMIT FEES CHARGED BY THE HEALTH DEPARTMENT;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Ordinance No. 8250
An ordinance amending 1979 Uniform Plumbing Code (Ord. 8106).
SMH:da
ORDINANCE NO. 8250
AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK,
TEXAS, ENTITLED "PLUMBING CODE" BY AMENDING THE UNIFORM PLUMBING CODE AS HEREINAFTER
SET FORTH; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
720
81-40A-720-1033
( 9)
81-40A-720-1034
(10)
81-40A-720-1035
(12)
* Reso. No. 956
amends Reso. 892
dated 8/27/81
Ordinance No. 8251 - Zone Case 2339
An ordinance changing a tract of land out of Sec. 9, Blk. E. City of Lubbock
from R-1 and T to A-2 zoning district (located at 82nd Street and Avenue V),
subject to the following conditions:
a. That tract A be zoned A-2, limited to church and
church -related uses;
b. That the remainder of the tract be zoned R-1.
SMH:cl
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. 2339;
TO CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK E, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM R-1 AND T TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS;
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PRO-
VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Ordinance No. 8252 - Zone Case 1755-F
An ordinance changing Specific Use Zone from C-3 to C-3 Specific Use Permit
under provisions of Sec. 22.3-13 of the zoning Ordinance, for a veterinary
clinic on Lots 23F2 through 27F2, Farrar Estates Addition (located at 5204 -
80th Street).
The motion was made by Councilman Brown, seconded by Councilwoman Baker to
pass Ordinances No. 8256, 8255, 8250, 8251 and 8252 on second and final reading.
Motion carried: 5 Yeas; 0 Nays.
SMH:cl ORDINANCE NO. 8252
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. 1755-
F; CHANGE LOTS 23-F-2 THROUGH 27-F-2, FARRAR ESTATES ADDITION, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, FROM C-3 TO C-3 SPECIFIC USE DISTRICT: AUTHORIZING THE
ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED
FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Consider a resolution authorizing the Mayor to sign an extension agreement
with Steering Committee of the Lubbock Urban Transportation Study (Metropolitan
Planning Organization).
Resolution No. 956
The above matter is an extension of a contract approved August 27, 1981 (Resoluti
892) which would terminate August 31, 1982. It has been determined that the
local governing bodies affect a time period to match the federal fiscal year;
thus the requested extension which would terminate the contract on September
30, 1982.
The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to
pass Resolution No. 956 granting the stated exten:aion period. Motion carried:
5 Yeas; 0 Nays.
DP:cl
RESOLUTION NO 956
WHEREAS, the City Council of the City of Lubbock has heretofore executed
an agreement between the City of Lubbock and the Steering Committee of the
Lubbock Urban Transportation Study (Metropolitan Planning Organization); and
WHEREAS, authorization has been granted to extend the above mentioned
agreement through September 30, 1982; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement
between the City of Lubbock and the Steering Committee of the Lubbock Urban
721,
Transportation Study, 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 12th day of
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
November
ISI Bill McAlister
BILL McALISTER, MAYOR
ISI Bill H. McDaniel
Bill H. McDaniel, Traffic Engineering Director
APPROVED AS TO FORM:
ISI Diane Putnam *NOTE: Contract and letter from State
Diane Putnam, Assistant City Attorney Department of Highways and Public
Transportation are filed with Orig. Reso
81-40A-721-1036 Consider a resolution authorizing the Mayor to execute a Release of Deed of Trust Lien.
(13)
Resolution No. 957
The CDBG Program, through the Urban Renewal Agency, assists home -owners in designated
areas with rehabilitation of their residences on a No In-terest Deferred Payment Loan
basis. The homeowners receive assistance and no interest is charged for the loan and the
loan has no monthly pay-ments as long as the homeowner maintains title to the property.
How -ever, a requirement for 'selling the property is that the lien which covers the reside
must be repaid in full prior to granting a clear title.
The above request is of homeowner Ms. Vera Deshazo who has sold her property for a fair
market value of $7,363. The total sum had been received by the City and homeowner Deshazo
now requests a release of the Dead of Trust in order to clear the title to her property.
This program has been in effect for approximately five years, and this is the first loan
commitment that has been fulfilled in its entirety.
The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution
No. 957 authorizing the Release of Deed of Trust. Motion carried: 5 Yeas; 0 Nays.
SMH:mck
RESOLUTION NO. 957
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 Release of Deed of Trust Lien, attached
herewith which shall be spread upon the minutes of the Council and as spread upon the
minutes of the Council shall constitute shall be a part of this resolution as if fully
copied herein in detail.
Passed by the City Council this 12th day of November 1981.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Richard Mays
Richard Mays, Community Development Director
X-A
APPROVED AS TO FORM:
ISI Susan M. Horton
722
N0p 12 1981
GF#2653A
RETURN TO: STEWART TITLE OF LUBBOCK, INC.
7802 Indiana
Lubbock, Texas 79423
RELEASE OF DEED OF TRUST LIEN
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK §
The City of Lubbock, Lubbock County, Texas, is the legal and equitable
owner and holder of a certain deed of trust promissory note in the principal
sum of Seven Thousand Three Hundred Sixty-three and no/100 Dollars ($7,363.00)
dated January 12, 1981 executed by Vera Deshazo payable to the order of the
City of Lubbock, Texas as described in and secured by a deed of trust from Vera
Deshazo to Evelyn Gaffga, trustee, dated January 12, 1981, and recorded in
Volume 784, page 523, of the deed of trust records of Lubbock County, Texas.
The City of Lubbock hereby acknowledges payment in full of said note and hereby
discharges and releases the property described in the above -mentioned deed of
trust from all liens held by the City of Lubbock to secure payment of such
note.
Executed on 12th
day of November
CITY OF LUBBOCK
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVE AS TO CONTENT:
/S/ Richard Mays
Richard Mays, Community Development Coordinator
APPROVED AS TO FORM:
/S/ Susan M. Horton
Susan M. Horton, Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
Texas, on the 12th day of November, 1981, personally appeared BILL McALISTER, know
to me to be the person whose name is subscribed to the foregoing instrument and wh
acknowledged to me that he executed the same in the capacity therein stated and fc
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 19th day of November, 1981.
/S/ Olivia R. Solis
Notary Public,. Lubbock County, Texas
My Commission Expires: 12/5/81
723
81-40A-723-1037 Consider a resolution authorizing the Mayor to sign an agreement with C. E. Holeman.
(14)
Resolution No. 958
Mr. C. E. Holeman has a hole in the ground on East 19th Street and East Loop 289; the City
has extra waste dirt from the CO2 Plant construction. The purpose of this agreement is to
dispose of the waste dirt, which benefits the City, and to fill up the hole on Mr. Holeman s
property, which benefits him. The City will transport the waste dirt to the location and
it is Mr. Holeman's responsibility to grade and pack the dirt upon its arrival.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resoluti
No. 958 authorizing the above agreement with Mr. Holeman. Motion carried: 5 Yeas; 0 Nays.
DGV:da
RESOLUTION
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 Mr. C. E. Holeman for disposal of waste dirt 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 12th day of November
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ J. D. Conely
J. D. Conely, Senior Streets Engineer
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
AGREEMENT
.1981.
WHEREAS, the City of Lubbock desires to dispose of waste dirt to be removed
from the Lubbock Power & Light & Water Holly Plant; and
WHEREAS, Mr. C. E. Holeman desires to have a borrow pit located in Section 2,
Block B, Lubbock County, Texas, on the southeast corner of East 19th Street and East
Loop 289, filled with said material; NOW THEREFORE:
T.7TTM CCVTU
THAT the City of Lubbock or contractors doing work for the City of Lubbock may
dispose of waste dirt in a borrow pit on property owned by Mr. C. E. Holeman located
on the southeast corner of East 19th Street and East Loop 289, and
THAT Mr. C. E. Holeman agrees to allow access to such property by the City of
Lubbock or its contractors at any reasonable time to dispose of such waste dirt and
to hold the City of Lubbock harmless from any damages to his property arising from
the City's actions under this contract.
The term of this agreement shall be from the date of execution until such
If 724
borrow pit is filled or until the City of Lubbock notifies Mr. Holeman that it
has no more waste dirt to place in said borrow pit.
IN WITNESS WHEREOF, the parties have hereunto set their hands this _12th
day of November 1981.
CITY OF LUBBOCK:
ISI C. E. Holeman /S/ Bill McAlister
C. E. Holeman BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/J. D. Conely
J. D. Conely, Senior Streets Engineer
/S/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Att
81-40A-724-1038 Consider an appropriation ordinance for lighting Spur 327 from Loop 289 to
(15) approximately 350' west of Frankford Avenue.
Ordinance 8257
The City Council authorized the staff to proceed on this project at the November
22, 1981 Work Session. The location is on West Frankford Avenue and Spur 327,
the lighting being tied into Loop 289. The appropriation is in the amount of
$12,000 and is funded from the project at 82nd Street from Memphis to Quaker.
ORDINANCE NO. 8252
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:
Street Lighting Capital Projects Fund the sum of $ 12,000
For the following purposes: Lighting Spur 327 from Loop 289 to approximately
350 feet west of Frankford Avenue.
Prior Appropriation Ordinance Numbers issued for this Project
Projected Costs
Material and labor for $12,000
lighting Spur 327 from
Loop 289 to approximately
350 feet west of Frankford
Avenue.
AND IT IS SO ORDERED
Projected Funding
Street Lighting $12,000
Capital Projects Fund
(originally allocated for
lighting from Memphis
to Quaker.)
Passed by the Council on first reading this 12th day Of November 1%1_.
Passed by the Council on second reading this 19th day of November 19 81
ATTEST: Isl Evelyn Gaffga
/s/ Bill McAlister
Mayor
VERIFIED BY: Isl J. Robert Massengale
City Secretary -Treasurer
Director of Finance
APPROVED BY: /s/ Carroll McDonald
Department Head
725
N
81-40A-725-1039 Consider a resoluton authorizing the Mayor to sign a contract with Metcalf -Eddy for
(16) study of a proposed Resource Recovery Plant.
Resolution No. 959
The City Council authorized the staff to proceed on this matter at the September 24,
1981 Work Session. A contract with Metcalf -Eddy for a study of a Resource Recovery
Plant has been prepared.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass
Ordinance No. 8257 on first reading, and to pass Resolution No. 959 authorizing the
contract with Metcalf -Eddy. Moton carried: 5 Yeas; 0 Nays.
RESOLUTION NO 959
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 Consultation Contract for
Resource Recovery Plant Study between the City of Lubbock, Texas, and Metcalf &
Eddy, 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 12th day of November 1981.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Carroll McDonald
Carroll McDonald, Director
Electric Utilities
/S/ David W. Reagan
David W. Reagan, Assistant City Attorney
*NOTE: Consultation Contract for Resource Recovery Plant Study and correspondance
from Metcalf & Eddy, Inc. file with original Resolution.
81-40A-725-1040 Consider resolutions authorizing the Mayor to sign the following:
(17)
a. Agreement with the Lubbock County Tax Appraisal District
for miscellaneous services;
b. A lease agreement-,
c. Maintenance of vehicles agreement;
d. Collection services agreement.
81-40A-725 -1041 Resolution No. 960
(17a)
In order to facilitate a smooth separation of the Tax Appraisal District from the
City and to provide the District with certain services at the lowest possible cost,
the two governmental entities have agreed upon the following:
1. The City will provide printing services and office supplies
to the District at the same cost they would charge other
City departments.
2. The District has agreed to install a computer terminal which
would provide the Planning Department with certain information
needed for its zoning hearings, and the City has agreed to
provide maintenance for the terminal and to allow the
District to have access to all of the City's building permit
information.
0
3. The City has agreed to install additonal telephone equip-
726
equipment and a monthly payment of $389.00
4. The District has also agreed to pay the City a monthly
payment of $600 for operator support.
5. The City has agreed to provide mail and mail room service
at a cost of 7/10ths of 1 cent for each item mailed for
the District, plus the actual cost of postage for each
item. The District has agreed to assist the City by
prestuffing all the envelopes and preparing the envelopes
in trays, and to give the City a ten days advance notice
when large mailings are anticipated.
The liaison committee was comprised of Mayor McAlister, Councilman E. Jack
Brown and the Appraisal District Board Members Lynn Stafford and Ray Diekemper.
DVG:mck
RESOLUTION NO. 960
WHEREAS, the Lubbock County Appraisal District has been created pursuant
to the Property Tax Code, V.A.C.S.; and
WHEREAS, the City of Lubbock is a taxing unit located within the District;
and
WHEREAS, the District is desirous of contracting with the City to provide
certain miscellaneous services for the District in order to promote govern-
mental efficiency and eliminate costs for the District;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City a MISCELLANEOUS SERVICES
AGREEMENT between the District and the City of Lubbock, attached herewith,
which shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by this City Council this 12th day of November , 1981.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Larry J. Cunningham
Larry J. Cunningham, City Manager
/S/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
MISCELLANEOUS SERVICES AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK I §
This Agreement entered into this 12th day of November , 1981,
by and between the City of Lubbock, Texas ("City") and the Lubbock County
Appraisal District ("District"),
LTTTMWqqWT14 -
WHEREAS, the Lubbock County Appraisal District is required by the Property
Tax Code, V.A.T.C., to establish an appraisal office; and
WHEREAS, the City of Lubbock is a taxing unit located within the District;
and
WHEREAS, the District is desirous of contracting with the City to provide
certain miscellaneous services for the District in order to promote �overnment-
727
NOV 12 1931
NOW THEREFORE, the parties hereto agree as follows:
M
The City, acting by and through its duly authorized officers, does hereby
agree to perform certain miscellaneous services for the benefit of the District
for the term of this Agreement. This Agreement is subject to the terms and conditions
which follow.
II.
1. The term of this Agreement shall be for a period of one year, begin-
ning on the 12th day of November , 1981.
2. This Agreement shall be extended beyond the primary term from year to year
unless the parties elect to terminate the Agreement according to its terms.
3. Not later than the fifteenth day of each month during the term of this Agreement,
the District shall make full payment to the City for all miscellaneous services rendered
under this Agreement for the month immediately preceding.
4. In the event the City or the District desires to terminate this Agreement at
the end of the primary term or any extension thereof, notice shall be given by the
terminating party to the non -terminating party at its place of business in writing stating
that the Agreement is to be terminated 30 days from the date of such notice.
5. The District especially covenants and agrees to pay and discharge all reasonable
costs, attorney's fees and expenses that may be incurred by the City in enforcing
the covenants, agreements, conditions and terms hereof, and all of the same shall be payable
to the City. The City may terminate this Agreement upon breach of conditions contained in
the agreement by giving 60 days written notice to the District.
6. Whenever notice of any kind is authorized or required to be made by one party or
the other under the terms hereof, such notice shall be given by United States registered or
certified mail, postage prepaid, return receipt requested, and addressed to the other party as
set out below, or to such other address as may hereafter be designated.
City: City Manager District: Chief Appraiser
P.O. Box 2000 Lubbock County Appraisal District
Lubbock, Texas 79457 1001 Texas
Lubbock, Texas 79401
Printing and Office Supplies
The City agrees to provide printing services and office supplies to the District upon
request. The District agrees to pay to the City the same costs -as are orwouldbe
charged to City departments and agencies for such miscellaneous services when they are
rendered, which costs the parties hereto recognize as reasonable charges for such services.
IV.
Building Permit Information
The District agrees to install an alpha -numerical display terminal and lines and modums
(as necessary) between the data processing system located in the District's offices and the
Planning Department of the City located in City Hall. The City agrees to maintain the
communication device and to allow the District access to all City Building Permit information.
V.
Telephone Services
1. The City agrees to provide telephone services to the District for the term of
this Agreement.
2. The City agrees to acquire and install additional telephone equipment as required to
maintain one separate telephone number necessary for the day to day operations of the District
The District agrees to pay to the City a one-time payment of $412.20 payable within 30 days
from the date of execution hereof, and a monthly payment of $389.00, said payment reflecting
the monthly cost to the City of provi ' difto such services; provided however, that if such cost
to the City increases, the monthly payment by the District to the City will increase according!
3. The City agrees to provide operator support necessary for the day to day operations
of the District. The District agrees to pay to the City a monthly payment of $600.00. Such I
charge shall be based on the District's utilization of 7 per cent of the system load, and shall
be billed to the District on the same basis as to City departments and agencies. The percenta
of the execution of this Agreement. i
4. The City shall provide the District with a monthly statement reflecting long
distance charges, directory assistance charges, and service charges. Such charges shall
be paid by the District to the City in accordance with the monthly statement.
iy.
5. The District agrees to pay to the City a pro-rata charge for common equipment in thel
operation of the City's telephone system. This charge shall be billed to the District on the
same basis as other City departments. I
W.
H17010M.
VI.
Mail Services
1. The City agrees to provide mail and mailroom services to the District
for the term of the term of this Agreement, including all normal services require
to insure that all outgoing mail is properly prepared for delivery; provided,
however, that the City will not provide any special handling of said mails.
2. The District agrees to pay the actual costs of postage plus seven -
tenths (.7) of one cent for each item mailed for the District. THis amount shall
be known as the "unit cost" of postage.
3. The District agrees to provide the following assistance to the City
in order to facilitate the mail services that are the subject of this Agreement:
a. All envelopes to be mailed must be pre -stuffed.
b. All enevelopes to be mailed must be in trays with the enevelope
flaps up.
C. If tax notices are to be mailed by a specific date, such notices
must be set in trays and delivered to the mailroom at least ten
(10) days in advance of such mailing date. In the event that
overtime is required to meet any mailing deadline for the District
the above -mentioned unit cost will be increased accordingly.
VII.
The City and the District both understand and agree that this Agreement
constitutes and expresses the entire agreement between the parties hereto and
shall not be amended or modified except by written instruments signed by both
parties.
EXECUTED this 12th day of November , 1981.
CITY OF LUBBOCK LUBBOCK COUNTY APPRAISAL DISTRICT
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED:
ISI Larry J. Cunningham
Larry Cunningham, City Manager
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
81-40A-728-1042 A lease agreement.
(17b)
Resolution No. 961
/S/ Joe Horkey
JOE HORKEY, CHAIRMAN, BOARD OF DIRECTORS
ATTEST:
/S/ Lynn Stafford
Secretary, Board of Directors
The liaison committee referenced above, reviewed a lease agreement of
certain portions of the building in which the Tax Office is currently located.
The lease will be for one year and may be extended on a year-to-year basis,
unless the parties elect to terminate the agreement. The District will pay the
City $4.00 per square foot for office space and $1.50 per square foot per year
for storage and common space. The District will lease 7,190 square feet of
office space, and 4,003 square feet of storage common space for an annual
lease rate of $34,764.50. The District will pay a pro rata share of the utility
expense and all expenses incurred for equipment and heating and air conditioning.
The City will provide the space and janitorial and routine maintenance services
for the above fee. The City has also agreed to provide 25 parking spaces for
the District's employees on the City parking lot, and the District will pay
$75.00 per month for these spaces.
729
Nov 12 19181
N
0
DVG:mck
RESOLUTION NO. 961
WHEREAS, the Lubbock County Appraisal District is required by the Property Tax
Code, V.A.C.S., to establish an appraisal office; and
WHEREAS, the City of Lubbock is a taxing unit located within the District and
currently operates a tax appraisal and collection office; and
WHEREAS, the District is desirous of contracting with the City for the lease of
building space to be used to house the staff and operations of the District;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City a LEASE AGREEMENT between the District and
the City of Lubbock, attached herewith, which shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 12th day of November 1981.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Larry J. Cunningham
Larry J. Cunningham, City Manager
APPROVED AS TO FORM:
/S/ Donald G. Vandiver '
Donald G. Vandiver, Assistant City Attorney
LEASE AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
This agreement entered into this 12th day of November , 1981, by and between
the City of Lubbock, Texas, as Lessor and the Lubbock County Appraisal District, as
Lessee,
WITNESSETH:
WHEREAS, the Lubbock County Appraisal District is required by the Property Tax
Code, V.A.T.C., to extablish an appraisal office; and
WHEREAS, the City of Lubbock is a taxing unit located within the District and current
operates the largest property tax appraisal and collection office therein; and
WHEREAS, the Lubbock County Appraisal District is desirous of contracting with the
City f ' or the lease of building space to be used to house the staff and operations of
the District:
NOW THEREFORE, the parties hereto agree as follows:
I.
The Lessor, acting by and through its duly authorized officers, does hereby lease
unto the Lessee, a portion of the premises situated at 1001 Texas Avenue, Lubbock,
Lubbock County, Texas. Such lease is granted upon the terms and conditions which follows,
om
1. The term of this lease shall be for a period of one year, beginning on the lst
day of January, 1982.
2. This lease shall be extended beyond the primary term from year to year unless
the parties elect to terminate the agreement according to its terms.
3. For purposes of this lease, that portion of the premises situated in 1001
r'
730
NOV �� 1981
4. In consideration of the execution -of this lease
the Lessee agrees to pay to Lessor the sum of $4.00 per square foot per
year for office space and $1.50 per square foot per year for storage and
common space for the term of this Agreement together with other valuable
consideration, to -wit:
a• Lessee shall pay a pro rata share of all utility expenses, in-
cluding expenses of electricity, water, gas and other utility services.
Lessee shall pay the same proportion of each utility expense as the total
number of square feet utilized by Lessee under the terms of this lease bear;
to the total number of square feet in the building located on the premises
at 1001 Texas Avenue, Lubbock, Lubbock County Texas.
b. Lessee shall pay a pro rata share of all expenses incurred in the
acquisition of new equipment or new systems designed to provide heating
and air conditioning for the building on the premises that is the subject
of this lease. Lessee shall pay the same proportion of expenses in the
acquisition of new equipment or new systems as the total number of square
feet utilized by Lessee under the terms of this lease bears to the total
number of square feet in the building located on the premises at 1001
Texas Avenue, Lubbock, Lubbock County, Texas.
This provision shall not apply to any heating or air conditioning
unit that ..is designed to service the data processing equipment located
in the building located on said premises. Allexpenses related to any such
unit shall be the responsibility of Lessee.
C. All expenses relating to janitorial and routine maintenance
services shall be borne by Lessor as partial consideration for the rental
payment.
d. Leessee shall provide adequate insurance and shall pay the premi
on policies of insurance against loss or damage to all personal property a
equipment which is owned, leased, rented, or used by the Lessee on the
premises. Lessee shall provide adequate general Liability insurance
covering the demised premises, and shall pay the premiums on such policies
of insurance.
Lessor agrees to provide adequate general liability insurance coverage on
the building located on the premises at 100 Texas Avenue, Lubbock, Lubbock
County, Texas.
e. Lessee shall pay a share of all improvements and renovations
performed by Lessor on the premises which are the subject of this lease.
The value of each improvement or renovation shall be computed, amortized
over a five year period, and Lessee's pro rata share added to lease payment
over that period. Lessee shall pay the same proportion of expenses of
improvements and renovations as the total number of square feet utilized
by Lessee under the terms of this lease bears to the total number of
square feet in the building located on the premises at 1001 Texas Avenue,
Lubbock, Lubbock County, Texas
Lessee shall have the right to redecorate the interior of the pre-
mises which was the subject of this lease subject of prior approval of
such redecoration by the City Manager, but in no event shall such redecora-
tion include permanent or structural changes to the premises. Lessee
shall bear all costs of such redecoration.
f. The above -mentioned rental payment will be adjusted upward or
downward for each ensuing year beginning January 1, 1983, in direct proport
to the fluctuation in the U. S. Department of Labor, Bureau of Labor Statis
Cost of Living Index. For the purpose of computing all adjustments, the
Bureau of Labor Statistics Cost of Living Index as of January 1, 1981,
shall be construed as the base period.
5. Lessee agrees to pay to Lessor the total sum of $34,765, payable
in 12 equal monthly installments, payable in advance on or before the first
day of each month during the term hereof.
6. Lessor agrees to make available to Lessee a total of 25 off-stree
parking spaces, during the term of this lease. Such parking spaces shall
be convenient to the location of the demised premises. In consideration
for such availabilityof parking spaces, Lessee agrees to pay to Lessor
$75 per month, payable in advance on or before the first day of each month
during the term hereof.
7. This lease is granted for the purpose of facilitating the
operations of the Lubbock County Appraisal District in the appraisal and
collection of taxes for the various taxing unites located within the
District. This lease shall terminate upon the property being used for
other purposes.
8. The Lessee at its own cost and expense agrees to take good care
of the property and fixtures, keeping and maintaining it in good repair
during the term of this lease, and shall suffer no waste and make no
improvements in and to the demised premises without the consent of the
Lessor in writing. Such improvements shall become the property of the
Lessor.
cs
731
31•:
10. Lessee shall not assign or sublet the leased premises or any part thereof with-
out the consent of the Lessor in writing, or permit any person or organization other.
than Lessee to occupy the premises.
11. In the event the leased premises shall be destroyed by fire, widnstorm, or
the act of God or a public enemy or shall be so damaged by any of such causes as to be
unfit for occupancy, Lessee shall forthwith give notice to Lessor and the rent payable
hereunder shall abate for the period of time beginning on the date such premises are
unfit for occupancy and ending when said premises have been restored to habitable
condition, provided, however, that should only a portion of the premises be rendered
unfit for occupancy, the abatement of rent shall be proportionate on the basis of the
proportion of square feet rendered unfit for use to the total number of square feet in
the premises above described; provided further that the Lessor may, at its election, in
the event of substantial damage or destruction, terminate this lease without repairing
or replacing the improvements so damaged or destroyed in which event the Lessee shall
not be under any liability for the payment of rental for any period of time subsequent
to the date upon which :such damage or destruction occurred, and the rent shall be
prorated for the particular year in which the destruction occurred.
12. Lessor shall not be liable to Lessee or to Lessee's officials agents, employees)
patrons, or visitors for any damage or injury, and Lessee agrees to hold Lessor harmless
from all claims for damage or injury to any person or property in or upon said premises.
13. In the event Lessor or the Lessee desires to terminate this Agreement at the
end of the primary term or any extension thereof, notice shall be given by the
terminating party to the non -terminating party at its place of business in writing
stating that the lease is to be terminated 120 days from the date of such notice.
In the event of such termination, lessee shall within such time remove its property
from the leased premises.
14. Whenever notice of any kind is authorized or required to be made by one
party or the other under the terms hereof, such notice shall be given by United States
registered or certified mail, postage prepaid, return receipt requested, and addressed
to the other party as set out below, or to such other address as may hereafter be
designated.
City: City Manager District: Chief Appraiser
P.O. Box 2000 Lubbock County Appraisal District
Lubbock, Texas 79457 1001 Texas
Lubbock, Texas 79401
15. Lessee especially convenants and agrees to pay and discharge all reasonable
costs, attorney's fees, and expenses that may be incurred by Lessor in enforcing the
covenants, agreements, conditions and terms hereof, and all of the same shall be payable
to Lessor. Lessor may terminate the lease upon breach of conditions contained herein
by giving 60 days written notice to Lessee. Lessee may terminate the lease upon breach
of conditions contained herein by giving 60 days written notice to Lessee. Lessee may
terminate the lease upon breach of conditions herein by giving 60 days written notice
to Lessor.
Lessor and Lessee both understand and agree that this Agreement constitutes and
expresses the entire agreement between the parties hereto and shall not be amended or
modified except by written instruments signed by both parties.
EXECUTED this
CITY OF LUBBOCK
12th day of November
S1 Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED
ISI Larry J. Cunningham
Larry Cunningham, City Manager
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
1981.
LUBBOCK COUNTY APPRAISAL DISTRICT
/S/ Joe R. Horkey
JOE HORKEY, CHAIRMAN, BOARD OF DIRECTORS
ATTEST:
/S/ Lynn Stafford
Secretary, Board of Driectors
732
QV 12 1981
81-40A-732-1043
(170
Maintenance of vehicles agreement.
Resolution No. 962
The City proposes to provide normal vehicle maintenance services to the District
the same costs as provided to other City departments. The City reserves the right
provide gasoline to its emergency services and sanitation facilities and then to
other City vehicles before providing gasoline services to the District in the
event of rationed supplies.
DVG:mck
RESOLUTION NO 962
WHEREAS, the Lubbock County Appraisal District is required by the Property
Tax Code, V.A.C.S., to establish an appraisal office; and
WHEREAS, the City of Lubbock is a taxing unit located within the District;
and
WHEREAS, the District is desirous of contracting with the City to provide
certain vehicle maintenance services for the District in order to promote
governmental efficiency and eliminate costs for the District;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City a VEHICLE MAINTENANCE
AGREEMENT between the District and the City of Lubbock, attached herewith,
which shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by the City Council this 12th day of November _, 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Larry J. Cunningham
Larry J. Cunningham, City Manager
AW
/S/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
VEHICLE MAINTENANCE AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
This Agreement entered into this 12th day of November , 1981, by
and between the City of Lubbock, Texas ("City") and the Lubbock County Appraisaj�
District, ("District").
WITNESSETH:
WHEREAS, the Lubbock County Appraisal District is required by the Property
Tax Code, V.A.T.C., to establish an appraisal office; and
WHEREAS, the City of Lubbock is a taxing unit located within the District;
and
WHEREAS, the District is desirous of contracting with the City to provide
certain vehicle maintenance services for the District in order to promote
governmental efficiency and eliminate costs for the District;
�t
to
all
WHEREAS, the City and the District do not intend such contract for vehicle
maintenance services to be exclusive in nature, but to provide for the renditio
of service by the City upon request of the District;
733
up
The City acting by and through its duly authorized officers, does hereby agree
to perform vehicle maintenance services for the benefit of the District for the term
of this Agreement. This Agreement is subject to the terms and conditions which follow.
no
1. The term of this Agreement shall be for a period of one year, beginning on
the 12th day of November , 1981.
2. This Agreement shall be extended beyond the primary term from year to year
unless the parties elect to terminate the Agreement according to its terms.
3. In consideration of the execution of this Agreement, the District agrees to
pay to the City the costs of services provided by the City as reflected in the price
lists referenced herein.
4. Normal service.
The City agrees to provide the normal service for vehicles owned by the District
and used in District operations during the term of this agreement. For purposes of
this Agreement, "normal service" includes washing vehicles, oil and lubrication service.,
changing filters, and other routine maintenance services. The District agrees to pay
to the City the same costs as are or would be charged to City departments and agencies
for such normal serices, when they are rendered, which costs the parties hereto recogni;
reasonable charges for such services.
5. Gasoline.
The City agrees to provide gasoline to the District for use in the operation of
District vehicles during the terms of this Agreement. The District agrees to utilize
the gasoline dispensing and control system utilized by the City for City vehicles. The
District agrees to pay to the City the same cost as is or would be charged toCity
departments and agencies for such gasoline when it is dispensed, which cost the parties
hereto recognized as a reasonable charge for such gasoline.
If the availability of gasoline should become restricted for any reason, the
City retains the right to limit the amount of gasoline available for use by the
District on the following priority basis:
Priority One - Fire Department, Sanitation Department, and other City departments
and agencies providing critical or emergency services.
Priority Two - All other City departments and agencies.
Priority Three - Lubbock County Appraisal District.
All fuel requirements of Priority One departments and agencies must be satisfied
before gasoline is to be made available to Priority Two departments or agencies. All
fuel requirements of Priority One and Priority Two departments and agencies must be
satisfied before gasoline is to be made available to Priority Three (Lubbock County
Appraisal District).
6. Major repairs.
The City agrees to perform major repairs on vehicles owned and utilized by the
District during the term of this Agreement. Such repairs shall be performed only upon
written request of the Chief Appraiser of the District or his designated deputy. The
District agrees to pay to the City the same costs as are or would be charged to City
departments and agencies for such major repairs when they are performed, which costs
the parties hereto recognize as reasonable charges for such repairs services.
7. Not later then the fifteenth day of each month during the term of this
Agreement, the District shall make full payment to the City for all vehicle maintenance
services rendered under this Agreement for the month immediately preceding.
8. In the event the City or the District desires to terminate this Agreement
at the end of the primary term or any extension thereof, notice shall be given by
the terminating party to the non -terminating party at its place of business in
writing stating that the Agreement is to be terminated 30 days from the date of such
notice.
9. The District especially convenants and agrees to pay and discharge all
reasonable costs, attorney's fees, and expenses that may be incurred by the City in
enforcing the covenants, agreements, conditions and terms hereof, and all of the same
shall be payable to the City. The City may terminate this Agreement upon.breach of
conditions contained herein by giving 60 days written notice to the District.
10. Whenever notice of any kind is authorized or required to be made by one
party or the other under the terms hereof, such notice shall be given by United
Stated registered or certified mail, postage prepaid, return receipt requested, and
addressed to the other party as set out below, or to such other address as may hereaf
be designated.
City: City Manager
P.O. Box 2000
Lubbock, Texas 79457
734
NOy IBM
The City and the District both understand and agree that this Agreement
constitutes and expresses the entire agreement between the parties hereto and
shall not be amended or modified except by written instruments signed by both
parties.
EXECUTED this — 12th -day of
ATTEST:
November
CITY OF LUBBOCK
/S/ Bill McAlister
BILL McALISTER, MAYOR
../_S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED:
/S/ Larry J. Cunningham
Larry Cunningham, City Manager
APPROVED AS TO FORM:
ISI Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
ATTEST:
/S/ Lynn Stafford
Secretary, Board of Directors
81-40A-734-1044 Collection services agreement.
(17d)
Resolution No. 963
S 1981.
LUBBOCK COUNTY APPRAISAL DISTRICT
/S/ Joe R. Horkey
JOE HORKEY, CHAIRMAN, BOARD OF DIRECTORS
The liaison committee reviewed the contract between the City and District for
collection of the 1981 Tax Rolls. The City and the School have agreed to pay
one-half of the total collections budget for the District for 1982, and it is
anticipated that the budget will not exceed $600,000. In the event the other
taxing entities contract with the District in 1982, the remaining portion of
the contract will be distributed among the other entities that have contracted
with the District according to the formula that has been devised taking into
account the number of parcels for that taxing unit as well as the tax levy per
unit.
The District has agreed to pay the City the sum of $153,000 for the use of the
City's computer facilities for the 1981 tax collection.
In response to Council query as to the placement or displacement of present
employees, Interim Tax Assessor -Collector, Jim Blagg responded that all employ
will be relocated into existing City jobs if they qualify. He concurred that
there would be a few employees who would have to relocate into positions
outside the City. He also stated that there were attempts to contract with
the Texas Municipal League regarding retirement and health benefits comparable
to what they are now receiving from the City.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to
pass Resolution No. 960 auohorizing the miscellaneous services agreement with
the Tax Appraisal District,; to pass Resolution No. 961 authorizing the Lease
Agreement with the Tax Appraisal District; to pass Resolution No. 962 authorizir
the maintenance of vehicles agreement with the District; and to pass Resolution
No. 963 authorizing the collection services agreement with the District all as
referenced above. Motion carried: 5 Yeas. 0 Nays.
N
735
DGV:cl
RESOLUTION NO. 963
WHEREAS, the Lubbock County Appraisal District has been created pursuant to the
Property Tax Code, V.A.C.S.; and
WHEREAS, the City of Lubbock, Texas, is a taxing unit located within the
District; and
WHEREAS, the District is desirous of contracting with the City of Lubbock to
perform tax collection services for the City, as authorized by the Property Tax
Code, V.A.C.S., and
WHEREAS, the District and the City feel that such an arrangement will promote
governmental efficiency; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City an AGREEMENT FOR THE COLLECTION OF TAXES
between the District and the City of Lubbock, attached herewith, which shall be
spread upon the minutes of the City 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 12th day of November
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Larry Cunningham
Larry Cunningham, City Manager
APPROVED AS TO FORM:
S/ Donald G. Vandiver
onald G. Vandiver, Asst. City Attorney
1 1981.
ISI Bill McAlister
BILL McALISTER, MAYOR
81-40A-735-1045 Consider a resolution authorizing the Mayor to sign an addendum to the
(18) Appraisal Agreement with the Lubbock County Tax Appraisal district.
Resolution No. 964
The City entered into an agreement with the Tax Appraisal District in
March of 1980 to provide appraisal services for the District through
December 31, 1981. The above agreement is an addendum to that contract,
necessitated from the fact that no provision as to ownership of the
equipment and vehicles purchased under the agreement was stipulated. As
presently stated, the City would retain ownership of the equipment and
vehicles purchased under the contract; however, since the funds used to
purchase this equipment resulted from nineteen other taxing unities in
the County, the ownership should be transfered to the district and the
new arrangements effective in 1982, the District would retain ownership
of the equipment and vehicles.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton
to pass Resolution No. 964 authorizing the addendum to the Appraisal
Agreement previously approved. Motion carried: 5 Yeas; 0 Nays.
RESOLUTION NO. 964
WHEREAS, the Lubbock County Appraisal District is required by the Property Tax
Code, V.A.T.C., to establish an appraisal office; and
WHEREAS, the City of Lubbock is a taxing unit located within the District; and
WHEREAS, the District is desirous of contracting with the City to perform
appraisal services for the District in order to promote governmental efficiency and
eliminate the costs of establishing a new appraisal office for the District; and
WHEREAS, the City and the District have previously contracted to provide the
appraisal services; and
736
,, uu 12 Isal
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 direct
to execute for and on behalf of the City of Lubbock an Addendum to the Appraisal
Agreement between the City of Lubbock and the Lubbock County Appraisal District,
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 12th day of November
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Larry J. Cunningham
Larry J. Cunningham, City Manager
APPROVED AS TO FORM:
/S/ Mick McKamie / by Don Vandiver
Mick McKamie, Assistant City Attorney
ADDENDUM TO THE APPRAISAL AGREEMENT BETWEEN THE
CITY OF LUBBOCK ANDTHELUBBOCK COUNTY APPRAISAL DISTRICT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
1981.
This Addendum to the Appraisal Agreement entered into this day
of , 1981, by and between the City of Lubbock, Texas
("City") and the Lubbock County Appraisal District ("District"),
WITNESSETH:
WHEREAS, the Lubbock County Appraisal District is required by the Property
Tax Code, V.A.T.C., to establish an appraisal office; and
WHEREAS, the City of Lubbock is a taxing unit located within the District;
and
WHEREAS, the District is desirous of contracting with the City to perform
appraisal services for the District in order to promote governmental efficiency
and eliminate the costs of establishing a new appraisal office for the District;
and
WHEREAS, the City and the District have previously contracted to provide
the appraisal services; and
WHEREAS, the parties desire to clarify and correct the provisions of the
Appraisal Agreement relative to ownership of personal property;
NOW THEREFORE, the City and the District do mutually agree to amend the
Appraisal Agreement between the City of Lubbock and the Lubbock County Appraisal
District of March 27, 1980, as follows:
I.
The Appraisal Agreement between the City of Lubbock and the Lubbock
County Appraisal District of March 27, 1980 is by reference incorporated
herein for all purposes except as amended hereinafter.
II.
Paragraph II of the Appraisal Agreement between the City of Lubbock and
the Lubbock County Appraisal District is hereby amended by the addition of
Subparagraph No. 6, which Subparagraph shall read as follows:
It is agreed that all personal property acquired by the City in the
performance of Phase One of this contract shall be the property of the
District, and the District shall be entitled to possession of said
737
which directly or indirectly conflicts herewith.
Paragraph III of the Appraisal Agreement between the City of Lubbock and the
Lubbock County Appraisal District is hereby amended by adding thereto Subparagraph
No. 5, which Subparagraph shall read as follows:
It is agreed that all personal property acquired by the City in the performance
of Phase Two of this contract shall be the property of the District, and the
District shall be entitled to possesion of said property upon termination of
this agreement. It is the intention of the parties that this provision supersede
any other provision of this contract which directly or indirectly conflicts
herewith.
IN WITNESS WHEREOF, the City and the District have executed this Agreement as
of the first day above written.
THE CITY OF LUBBOCK
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED:
/S/ Larry J. Cunningham
Larry J. Cunningham, City Manager
ISI Mick McKamie/by Don Vandiver
7_7 Mick McKamie, Assistant City Attorney
ISI Bill McAlister
BILL McALISTER, MAYOR
LUBBOCK COUNTY APPRAISAL DISTRICT
/S/ Joe R. Horkey
Joe Horkey, Chairman, Board of Directors
ATTEST:
/S/ Lynn Stafford
Secretary, Board of Directors
81-40A-737-1046 Consider a resolution indicating the votes of the City of Lubbock cast
(19) for candidates for the Lubbock County Tax Appraisal District Board of
Directors.
Resolution No. 965
The City of Lubbock has 1720 votes. The nominees for the Tax Appraisal District
Board of Directors are:
Mabry Brock
E. Jack Brown
Paul E. Crosnoe, Jr.
Giles M. Forbess
John Wilkerson, Jr.
Eight hundred thirty four votes are required for election by any one candidate. The
votes will be counted by the County Clerk on November 15, 1981 and the Board members
77 are elected for two-year terms.
J The motion was made by Councilwoman Baker, seconded by Aderton to cast 860 votes for
E. Jack Brown and 860 for John Wilkerson, Jr. Motion carried: 5 Yeas; 0 Nays.
738
DGV:cl
RESOLUTION
WHEREAS, there has been enacted in the State of Texas a Property Tax
Code, V.A.C.S., relating to the ad valorem taxation of property; and
WHEREAS, the Property Tax Code, V.A.C.S., authorizes the establishment of
appraisal districts to be governed by a Board of Directors; and
WHEREAS, the City of Lubbock is a taxing unit within the District entitl-
ed to cast votes for the election of persons to the Board of Directors of the
District; and
WHEREAS, the City of Lubbock is desirous of casting its votes for the
election of persons to constitute the Board of Directors; and
WHEREAS, the Lubbock County Clerk has prepared a ballot of candidates for
the Board of Directors and has determined that the City of Lubbock is entitled
to cast 1720 votes in the election of the District's Board of Directors; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the 1720 votes of the City of Lubbock are cast for the candidates
for the Lubbock County Appraisal District Board of Directors as follows:
NAME
Brock, Mabry
Brown, E. Jack
Crosnoe, Paul E., Jr.
Forbess, Giles M.
Wilkerson, John, Jr.
NO. OF VOTES
:.•
TOTAL VOTES CAST 1720
THAT a copy of this Resolution BE submitted to the Lubbock County Clerk
before November 15, 1981, in order that the votes of the City of Lubbock may
be counted.
Passed by the City Council this 12th day of November , 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
ISI Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
*NOTE: Ballot - Lubbock County Apprasial District Board of Directors is filed
with original resolution.
81-40A-738-1047 Consider ordinance authorizing payment to First Southwest Co. for financial
(20) and legal services for Electric Light and Power System Revenue Bonds.
Ordinance No. 8258
Pursuant to an agreement with First Southwest Company dated May 1980, the
financial services include bond attorney fees and, bond printing, legal services
and other related costs in the amount of $46,100. These fees are related to
$9,000,000 Electric Revenue Bonds sold on August 27, 1981.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to
pass Ordinance No. 8258 on first reading. 5 Yeas; 0 Nays.
ORDINANCE NO.
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,
739
There is hereby appropriated out of the follwing described fund, to -wit:
ELECTRIC'CAPITAL PROJECTS FUND THE sum of $ 46,100.00
For the following purposes: Bond Issuance Cost
Prior Appropriation Ordinance Numbers Issued for this Project
Projected Costs
Projceted Funding
Bond Issuance Cost $46,100.00 Electric Revenue Bonds
Series 1981 $46,100.00
AND IT IS SO ORDERED
Passed by the Council on first reading this 12th day of November _1981.,
Passed by the Council on seconde,reading this 19th day of November 1981.
ISI Bill McAlister Mayor
ATTEST: ISI Evelyn Gaffga VERIFIED BY: /S/ J. Robert Massengale
City Secretary -Treasurer Director of Finance
APPROVED BY: ISI
Department Head
81-40A-739-1048 Consider a resolution authorizing the Mayor to sign a Lease Agreement for storage space
(21) with American Airlines. I
Resolution No. 966
American Airlines is currently sharing space with Continental Airlines and has requester
additional storage space for lease, for the purpose of storing garment boxes, kennels
boxes, etc. American Airlines has agreed to rent 6'10' by 10'4" space south of ticket
counter (the lobby area) and will construct at their expense the needed storage. The
lobby exterior will be covered with wooden slats, and a screen will be placed over the 1
sections of glass to obscure stored materials from visibility. The rental rate is $12.1.
per square food per year. The Airport Board approved this request on October 21, 1981.
The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolu
No. 966 authorizing the Lease Agreement with American Airlines for storage space. Mot
carried: 5 Yeas. 0 Nays.
JWF: j s
VWQOT TTrPTONT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a Lease Agreement (as Lessor)
with American Airlines (as Lessee) for 70.6 square feet for storage of airline
property and material, 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
ATTEST:
12th day of November
ISI Bill McAlister
BILL McALISTER, MAYOR
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
1981.
/S/ Marvin Coffee
Marvin Coffee, Director of Aviation
1/' 740
Nov 12 1381
STATE OF TEXAS
COUNTY OF LUBBOCK
KNOW ALL MEN BY THESE PRESENTS
SPACE LEASE TERMINAL AGREEMENT
THIS LEASE AGREEMENT, made between the City of Lubbock, acting by and
through its duly authorized City representative (hereinafter referred to as
"Lessor") and American Airlines under the laws of the State of Texas (here-
inafter referred to as "Lessee").
WITNESSETH
WHEREAS, Lessor owns and operates Lubbock International Airport, located
in Lubbock County, State of Texas, (hereinafter referred to as "Airport"); and
WHEREAS, Lessee desires to lease approximately 70.6 square feet of space
in the Lubbock International Airport terminal building; and
WHEREAS, Lessee is primarily engaged in air transportation as certified
by the civil aeronautics board; and
WHEREAS, Lessee has indicated a willingness and ability to properly keep,
maintain and improve said space in accordance with standards established by
Lessor; and
WHEREAS, it is agreed that this agreement shall be subordinate to the
provisions of any existing or future agreement between the Lessor and the
United States relative to the operation and maintenance of the Airport, the
execution of which has been or may be required as a condition precedent to the
expenditure of federal funds for the development of the Airport; and
WHEREAS, all right, privileges and interests acquired herein by Lessee at
the option of the Lessor, following written notice of thirty (30) days, may be
suspended or finally terminated if such suspension or termination is found by
the Lessor, acting in good faith, to be necessary to secure federal financial
aid for the development of the Airport, or further development and provisions
of aeronautical operations thereon;
NOW THEREFORE, for and in consideration of the mutual covenants hereof,
Lessor hereby leases to Lessee and Lessee hereby hires and takes from City
certain exclusive premises (hereinafter called "Leased Premises"), and certain
non-exclusive use facilities, rights and privileges in connection with and on
the airport, as hereinafter described, upon the terms and conditions as
follows:
ARTTCT,R T
Section 1.01 - Description of Exclusive Leased Premises
The exclusive Leased Premises shall be comprised of 70.6 square feet,
more or less, in the terminal building. The location of the Exclusive Leased
Premises is designated on Exhibit D attached hereto and by this reference made
a part hereof.
Section 1.02 - Description of Privileges, Uses and Rights
Lessee shall have the right to place signs identifying Lessee's business
on the terminal building. Said signs shall be of a type, size and design that
will be subject to the written approval of Lessor prior to installation. Such
installation will comply with all applicable City Codes and shall be without
cost to the Lessor.
Lessee shall conform and abide by and be responsible for present and
future security measures in effect in Lessee's space including but not limited
to the securing and locking of doors and other key control areas and equip-
ment.
ARTICLE II
Section 2.01 - Installed Improvements and Property
All improvements, equipment and other property bought, installed, erected
and placed by Lessee in, on or about the Leased Premises shall be deemed to be
personality and remain the property of Lessee, except as may constitute fix-
tures attached to the building or premises, which if removed would damage or
impair the use of such building or premises.
Section 2.02 - Authorized Improvements
Lessee may construct improvements on the leased premises only after the
plans and specificaitons for such improvements have been presented to and
approved in writing by the Department of Aviation of the City of Lubbock. All
costs of construction for approved improvements shall be at the expense of the
Lessee and shall be performed in accordance with the City of Lubbock's Building
Code. Such improvements shall be considered fixtures attached to the premises
and will remain the property of Lessor.
Section 2.03 - Inspection
The Lessor, acting by and through the Director of Aviation, or other de-
signated representative shall have the right to inspect the leased premises at
all reasonable times during the term of this lease.
ARTICLE III
Obligation of City
Section 3.01 - Right to Lease Property
Lessor represents that it has the full right to lease that portion of the
airport property referred to herein, together with all the premises, faci-
lities, rights and privileges herein granted, and has full power and authority
to enter into this lease in respect thereof.
Section 3.02 - Maintenance and Services in Lessee's Exclusive Space
Lessor shall be responsible for and shall perform exterior building main-
tenance, structural maintenance, and installed equipment such as heating and
air conditioning units and pay for all inspections as may be required by other
agencies for Lessor owned buildings throughout the Leased Premises.
ARTICLE IV
Obligations ;f Lessee
Section 4.01 - Maintenance of Leased Premises
Fv0pnt fnr pwtprinr 'hililtiina QtriiPtiirn1 Tnnintonnnon n"A incf-nlloA
rZ*1
N
part thereof including, but not limited to, installed equipment owned by Lessee.
Lessee shall, at its own expense, provide janitorial services in the leased area.
Lessee shall relamp light fixtures as necessary.
Section 4.02 - Building Improvements
Lessee agrees to make improvements to the building in accordance with the plans an(
directions given by the Director of Aviation and specifically set forth within the prov:
of this lease agreement.
Section 4.03 - Alterations, Additions or Replacements
During the term of this Lease, Lessee shall make no alterations, additions or.
.replacements in the Leased Premises without the prior written approval of the Lessor.
Lessee shall likewise obtain prior approval from Lessor before installing, at its
expense, any additional equipment which requires new electrical or plumbing connections
changes in those already installed on the Leased Premises.
Section 4.04 - Removal and Demolition
Lessee shall not remove or demolish in whole or in part, any improvements that
already exist on the Leased Premises without prior written consent of Lessor which
may, at its discretion, condition such consent upon the obligation of Lessee to
replace the same improvements specified in such consent upon termination of this
lease. Lessor shall not withhold consent unreasonably and shall not impose unreasonable
condition on its consent.
Section 4.05 - Trash and Garbage
Lessee shall provide at its own expense a complete and proper arrangement for
the adequate sanitary handling.and disposal, away from the airport, of all trash,
garbage, and other refuse caused as a result of its occupancy of Leased Premises.
Section 4.06 - Taxes and Licenses
Lessee shall pay all taxes of whatever character that may be lawfully levied or
charged upon Lessee's Leasehold improvements and upon Lessee's rights to use the
Leased Premises. Lessee shall obtain and pay for all licenses or permits necessary
or required by law for the construction of any additional improvements, the installation
of equipment and furnishings, and any other licenses necessary for the conduct of its
business Lessor shall assist Lessee where necessary in obtaining said permits.
Section 4.07 - Rules and Regulations
In conducting its business, hereunder, Lessee shall comply with all applicable
laws of the United States of America and the State of Texas; the rules and regulations
promulgated by their authority with reference to aviation and air navigation, and all
reasonable and applicable rules, regulations and ordinances of the City of Lubbock
now in force or hereafter prescribed and promulgated by authority or by law. Provided
that such rules and regulations of Lessor shall not ble inconsistent with the terms of
this agreement.
Section 4.08 - Non -Discrimination
The Lessee, its agents and employees will not discriminate against any person or
class of persons by reason of age, sex, race, color, creed or national origin in
providing any services or in the use of any of its facilities provided for the public,
in any manner prohibited the Federal Aviation Regulations. The Lessee further agrees
to comply with such enforcement procedures as the United States might demand that the
Lessor take in order to comply with the Sponsor's Assurances.
Lessee agrees to not discriminate against any employees or applicant for employment
because of age, sex, race, color, creed or national origin. The Lessee agrees to
take affirmative action to insure that applicants are employed and that employees are
tested during employment without regard to their age, sex, race, color, creed or
national origin. Such action shall include but not be limited to employment, upgrading:
demotion or transfer, recruitment, layoff, rates of pay or other forms of compensation,
and selection for training, including apprenticeship.
Lessee will conduct its activities and operate its facilities in accordance with
the requirements of Section 504 of the Rehabilitation Act of 1973 and will assure
that no qualified handicapped person shall, solely by reason of his other handicap be
excluded from participation in, be denied the benefits of, or otherwise be subjected
to discrimination, including discrimination in employment, under any program or
activity of Lessee.
ARTICLE V
Term
Section 5.01 - Term
The term of this Lease shall be for a period of one (1) year commencing on the
1st day of December, 1981, and ending on the 30th day of November, 1982. Lessor
hereby grants to the Lessee the option to extend this lease beyond the expiration
date herein shown for a period of one (1) successive year. Lessee shall exercise
such option period by giving the City at least thirty (30) days written notice of
Lessee's intention to exercise the option.
ARTICLE VI
Section 6.01 - Rental for Exclusive Leased Premises in Terminal Building
Rental for the Leased Premises in the terminal building as described in Section
1.01 shall be as follows:
Storage of airline property and material as shown on said Exhibit D at the rate
of $12.90 per square foot per year totaling $75.90 per month.
Rent as set forth above is payable in advance by the tenth of each month.
Rental rate will be adjusted upward or downward for each ensuing year beginning
January 1, 1982 in direct proportion to the fluctuation in the U. S. Department of
Labor, Bureau of Labor Statistics Cost of Living Index. For the purpose of computing
all adjustments, the Bureau of Labor Cost of Living Index as of January 1, 1981 shall
be construed as the base period.
ARTICLE VII
General Conditions
Section 7.01 - Default for Failure to Pay Rentals, Fees and Charges
If Lessee fails to pay rentals, charges and fees due hereunder within thirty
(30) days of the date such payment is due, Lessor may, at its option, upon fifteen
(15) days written notice to Lessee (unless in such fifteen -day period Lessee shall
have corrected such failure to pay) immediately or at any time thereafter, enter into
and upon the Leased Premises, or any other part thereof in the name of the whole, and
ior.
r
742
partially or completely destroyed or damaged as a result of an act or omission
by Lessee, Lessor may, in its discretion, require Lessee to repair and reconstri
the Leased Premises and adjoining premises and pay the costs therefor. During
any such period where Lessee repairs said Premises under the terms of this
paragraph, the usual rental shall be payable.
Section 7.03 - Assignment and Subletting
Lessee shall not sell, assign or transfer this lease or any part thereof
and shall not sublease all or any portion of the Leased Premises without the
prior written consent of the Lessor.
Section 7.04 Hold Harmless
Lessee agrees to indemnify, defend and forever save the Lubbock Inter-
national Airport Board and the Lessor, their authorized agents, representa-
tives, and employees harmless from and against any and all penalties, liabi-
lity, annoyances, or loss resulting from claims or court action of any nature
arising directly or indirectly out of any acts or omissions of Lessee, his
agents, representatives, servants, employees, or business visitors under this
agreement.
Section 7.05 - Insurance
Lessee shall procure and keep in effect at all times during the term of
the Lease, the forms of insurance set forth in this section and all policies
and certificates shall contain a provision that written notice of cancellation
or of any material change in said policy by the Insurer shall be delivered to
the Lessor thirty (30) days in advance of the effective date thereof. All
contain an agreement on the part of the respective insurers,
waiving the right of such insurers to subrogation.
Lessee shall maintain all insurance hereunder with insurance underwriters
authorized to do business in the State of Texas satisfactory to Lessor. All
policies shall name the City of Lubbock, its officers, servants, agents and
employees as additional insureds. Lessee shall furnish the Lessor with certi-
ficates from the insurance carrier showing all insurance required hereunder to
be in full force and effect during the entire term of this Lease or shall
deposit with Lessor certified copies of said policies.
(A). Workman's Compensation
Lessee shall provide workman's compensation insurance to meet sta-
tutory requirements, if qualified. The workman's compensation policy shall
provide employee's liability insurance in the amount of One Hundred Thousand
($100,000) Dollars.
(B). Public Liability and Property Damage
Lessee shall, at its sole expense, maintain insurance against claim
of public liability and property damage resulting from Lessee's business
activities at the Airport. The amount of insurance coverage shall be not less
than Fifty Thousand ($50,000) Dollars for property damage as a result of any
one event; or less than one Hundred Thousand ($100,000) Dollars for personal
injury or death of any one person in any one event; or less than Three Hundred
Thousand ($300,000) Dollars for personal injury or death of two or more persons
in any one event.
(C). Fire Insurance
Lessee shall insure for fire and extended coverage risks all Lessees'
improvements on leased premises. Such insurance shall be in an amount subject
to reasonable deductible equal to the insurable replacement value of such im-
provements.
All fire insurance policies shall contain loss payable endorsements
in favor of the parties as their respective interests may appear hereunder.
Lessor agrees that any payments received from such insuring companies by
reason of loss under such policy or policies shall be applied toward repair or
reconstruction of said Leasehold improvements.
The above insurance requirements are identical to such requirements
set forth in a lease agreement between Lessor and Lessee executed under the
date of May 28, 1981, and compliance therewith under the other said lease for
978 square feet shall serve as compliance therewith under this lease so long
as such insurance remains in full force and effect during the life of this
lease.
Section 7.06 - Rules and Regulations
Lessor shall have the right to and shall adopt from time to time and en-
force reasonable rules and regulations, which Lessee agrees to observe and
obey, with respect to the use of the Airport, public terminal buildings and
appurtenances; provided that such rules and regulations shall not be incon-
sistent with safety and with rules, regulations and orders of the Federal
Aviation Administration.
Section 7.07 - Termination
This lease shall terminate at the end of a full term hereof, and Lessee
shall have no further right or interest in the Leased Premises. That on or
before the date of expiration of this Lease or its relinquishment, the Lessee
shall as required by City, vacate said premises, remove all property of the
Lessee and restore the Leased Premises facilities and equipment included
herein to as good condition on such date or expiration or relinquishment as
when received,- ordinary wear and tear excepted. If, however, this Lease is
revoked the Lessee shall vacate the Premises, remove said property and restore
the Leased Premises, improvements, facilities and equipment included herein as
aforesaid within such times as Lessor may reasonably designate. In either
event, if the Lessee shall fail or neglect to remove said property and so
restore Leased Premises, improvements, facilities and equipment included
herein, then at the option of Lessor said property shall either become the
property of Lessor without compensation therefore or Lessor may cause the
property to be removed and the Leased Premises, improvements, facilities
equipment included herein to be stored at the expense of the Lessee and no
claim for damages against Lessor or its officers, agents, or employees shall
t
743
3, Box 389, Lubbock, Texas 79401 and notices to Lessee, if sent by registered mail,
postage prepaid, addressed to: American Airlines, P.O. Box 61616, Dallas -Ft. Worth,
Texas 75261, Attn. Director of Properties or to such other addresses as the parties
may designate to each other in writing from time to time.
IN WITNESS WHEREOF, the Parties have hereunto set their hands this 12th day of
November, 1981.
CITY OF LUBBOCK, TEXAS
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
LESSEE
American Airlines
BY: ISI Ole Hullet
ATTEST:
/S/ All McNamara
81-40A-743-1049 Consider claims against the City.
(22)
a. Claim No. 81-C-491 F. L. Connolly $ Unstated
Damages to 1978 Chevrolet Van, personal injuries not specified.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to DENY
the above referenced claim. Motion carried: 5 Yeas; 0 Nays.
b. Claim No. 81-C-488 Mrs. 0. C. Ewing $276-30
Damage to circulating water pump
The motion was made by Councilwoman Baker, seconded by Councilman Brown to DENY the
above referenced claim. Motion carried: 4 Yeas; 0 Nays; and (Mayor Pro Tem Henry
abstain).
77,
c. Claim No. 81-C-495 Kenneth Coulter $126 to $153
Automobile damage
The motion was made by Councilwoman Baker, seconded by Councilman Brown to DENY the
above referenced claim. Motion carried: 5 Yeas; 0 Nays.
d. Claim No. 81-C-510 Sammie Kesler $1445.85
Electrical damage to air conditioner and color TV set
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to DENY
the above referenced claim. Motion carried: 4 Yeas; 0 Nays; and (Councilman Brown
abstain).
e. Claim No. 81-C-496 A. D. Hundley $1,292.00
Damage to Air Conditioner
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to DENY
the above referenced claim. Motion carried: 5 Yeas; 0 Nays.
744
81-40A-744-1050 Consider Bid #6511 for construction of Fire Station #13, North Fulton
(23) & Erskine Sts, and authorize same.
Resolution No. 967
Low Bidder Ed Lampe Bldg. Construction
Lubbock, Texas ($251,10(:.00)
Mr. Mike Atcheson, Architect, appeared with Chief Foster to present
the elevation as recommended in the stated bid for the total bid cost
of $251,100.00. The base bid is $243,000, alternate #1 for the patio
area is a bid cost of $3,600, and alternate #3 for using the glazed
the in the apparatus room is bid cost of $4,500 for a total bid cost
$251,100.00. Ed Lampe is the low bidder and the construction will be
completed in 240 calendar days.
DGV:cl RESOLUTION NO. 967
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 Contractor between the
City of Lubbock and Ed Lampe, Building Contractor, Inc., for the
construction of Fire Station No. 13 at North Fulton and Erskine in
Lubbock, Texas, attached herewith which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 12th day of November '11p1.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
ISI Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
*NOTE: Standard Form of Agreement is attached and filed with original
Resolution No. 967.
I
745
81-40A-745-1051 Consider Bid #6515 for two 1982 Solo Motorcycle (Police Dept.)
(24)
Low Bidder Kawasaki Good Times,
Lubbock, Texas ($10,500.00)
81-40A-745-1052 Consider Bid 6516 for gas masks and filters (Police Dept.
(25)
Item 1 Law Enforcement Equipment Co.
Farmers Branch, TX ($5,205.00)
Item 2 National Police Supply Co.
Charlotte, N.C. ($1,117.50)
81-40A-745-1053 Consider Bid #6527 for computer components and equipment (Data Processing) (Revenue
(26) Sharing).
Low Bidder CRA, Incorporated,
Phoenix, Arizona ($195,020.00)
81-40A-745-1054 Consider Bid'#6510 for 400 3 cu.yd. and 100 1.5 cu.yd. side -loading containers
(27) (Sanitation Dept.).
Low Bidder May Fabricating Company,
Beeville, Texas
(Item #1 -- $19,660.76;
Item #2 --$100,367.68)
81-40A-745-1055 Consider an appropriation ordinance for purchase of side -loading containers (Bid
(28) #6510, above) (Sanitation Capital Reserve Fund).
Ordinance No. 8259
Assistant Purchasing Director, Ken Dew, apprised the Council that all the stated
bids were low bids and met specifications.
DGV:mck Ordinance No.. 8259
APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it necessary to
appropriate certain specific funds for an approved project, NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT there be and is hereby appropriated out of the following described
fund, to -wit: Fund 30, Sanitation Capital Reserve, the following sums:
6063. Residential Collections.
400 side -loading containers, 3 cubic yard capacity ..... $100,367.68
100 side -loading containers, 12 cubic yard capacity .... $ 19,660.76
TOTAL $120,028.44
Such sums are required for the purchase of the above named equipment
required in residential sanitation operations.
AND IT IS SO ORDERED
Passed by the City Council on first reading this 12th day Of November 1981.
Passed by the City Council on second reading this 19ti4ay Of November 1981.
Isl Bill McAlister
BILL McALISTER, MAYOR
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Denzel Percifull
Denzel Percifull, Director of Public Services
APPROVED AS TO FORM:
746
81-40A-746-1056
(11)
81-40A-746-1057
(29)
81-40A-746-1058
(30)
The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem
Henry to approve Bid No. 6511 to include alternates #1 and #3 and to
pass Resolution No. 967 authorizing the contract with low bidder
Ed Lampe; to approve Bid 6515, 6516, 6527 and 6510; and to pass Ordinance
No. 8259 on first reading (related to Bid 6510). Motion carried: 5 Yeas;
0 Nays.
Zone Case 2340 - Ordinance No. 8260
Continue a public hearing on the request of Bill Cox (for Cal -Maine
Foods, Inc.) to change a tract of land out of Sec. 20, Block E-2, City
of Lubbock, from T and R-1 to C-2 zoning district (located at 98th
Street and University Avenue.
The Planning and Zoning Commission recommends this request be approved.
Ordinance No. 8260
In accordance with Notice published October 6, 1981, a public hearing
was continued on the above matter.
Proponent: Mr. Bill Cox, on behalf of Cal -Maine Foods, Inc.
Mr. Cox apprised the Council that the site in question is located on
the southwest corner of 98th Street and University Avenue, and was
previously used for industrial purposes. Adjacent land uses are: C-2
zoning across the street on the north, T zoning on the South, R-2
single family and T zoning on the East, and R-1 and T zoning is located
on the west. The owners anticipate selling the properties and felt
that the C-2 zoning as requested would be more suitable for sale purposes.
There is presently a metal storage facility on the property, and a
Street Use License Permit was awarded to Cal -Maine because the building
juts out into the future right-of-way on University Street.
Director of Planning, Jim Bertram, commented that the Comprehensive
Land Use Plan provides for commercial zoning at this intersection in a
range of 5 to 10 acre tracts, and the estimated land to be developed
above the high water mark on this site is between 8 and 9 acres. Most
of the southwestern corner of this tract is under the high water mark
of a large playa lake, located at 82nd Street and University.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilman Brown, seconded by Councilwoman Baker
to pass Ordinance No. 8260 granting the requesting C-2 zoning. Motion
carried: 5 Yeas: 0 Nays.
SMH:cl ORDINANCE NO. 8260
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. 2340; TO CHANGE A TRACT OF LAND OUT OF SECTION 20, BLOCK E-2,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T AND R-1 TO C-2 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.
Consider three appointment to the PLANNING AND ZONING COMMISSION. The
terms of Bob Schmidt, Jim Ratliff and Bob Covington expire 11/16/81.
Appointed:
Dr. W. Lawrence
(Larry) Garvin
Reappointed:
Jim Ratliff
Bob Covington
Terms: 11/12/81 - 11/16/84
4417 - 44th (14) 797-6371
Texas Tech, Architecture 742-3138
4610 Indiana (13)
P.O. Box 6460 (13)
5522 - lst Pl. (07)
5930 S. Avenue Q (12)
792-7252
762-2732
797-3537
744-1057
Consider one appointment to the LUBBOCK CIVIC CENTERS BOARD to represent
Texas Tech _(term, indefinite).
Appointed: Tech Representative
Bob Bray 5405 - 44th (14) 792-0830
Director of Planning, Texas Tech 742-2166
Term: Indefinite
747
There being no further business, the motion was made by Councilwoman Baker, seconded
by Councilman Aderton to adjourn at 1:00 p.m. Motion carried: 5 Yeas; 0 Nays.
-BILL McALISTER, MAYOR
ATTEST:
Evelyn GaFfga, City' S y-Treasurer
READ AND APPROVED THIS 10th DAY OF December 1981.
BI McAL TER, MAYOR
ATTEST:
�-tv—el�ynGa�ftga, City Sec et y easurer�
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