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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/19/1981748 RV 19 81-40A-748-1059 ( 1) 81-40A-748-1060 ( 2) 81-40A-748-1061 ( 3) 81-40A-748-1062 ( 5) 81-40A-748-1063 ( 6) 81-40A-748-1064 ( 7) CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 19, 1981 At 8:42 a.m., Mayor McAlister announced that an Executive Session would be held to consider land acquisition. This is in accordance with Art. 6252-17, V.A.T.S. The City Council of the City of Lubbock, Texas met for its regular meet Thursday, November 19, 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 Secretary -Treasurer Evelyn Gaffga, and City Attorney John C. Ross, Jr. Absent: None. The invocation was given by Jim Bertram, Director of Planning. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. Board Appointments Dr. W. Lawrence Garvin Proclamations Planning and Zoning Commission Civic Centers Board "Vocational Education Week" - December 6 - 12, 1981 Receiving: Airman of the Month Jimmy Wigley, Marketing and Distributive Education President Jimmy Blair, Industrial Cooperative Training Presic Kathy Todd, Vocational Office Education President eisa Hendrix, Health Occupations Education PresidE Raymond Lemons, Home Economics Cooperative Educatic President Nick Gonzales, Coordinated Vocational Academic Edu( Coop. President Receiving: Melvin R. Britt NCO of the Quarter Receiving: Frederick C. Pepper 81-40A-748-1065 Phil Hoel, Chairman of the Parks and Recreation Board, will appear to 8) present the following items: Phil Hoel, Chairman of the Parks and Recreation Board, appeared before the Council to make the recommendation for the following items: (a) Consider a resolution authorizing the Mayor to sign a Memorandum of Understanding between the City of Lubbock and the Retired Senior Volunteer Program. Resolution No. 968 At the September 24, 1981, Council Meeting, the Council approved this continuance of the co-sponsorship of the R.S.V.P. Program, said termination of involvement in this Program to be November 30, 1981. t t lotion 749 This would allow approximately 60 days for the R.S.V.P. Program to find another sponsor. The Program coordinates volunteer services and provides work sites and meals at the various community centers. The new sponsor will be through the Texas Tech University, and the Board of Directors of the R.S.V.P. request the cooperation of the City of the Program as it relates to the Senior Citizens Center and the various community centers. Therefore, it is the Memorandum of Understanding between the City and the Retired Senior Volunteer Program that has been agreed upon, and approved by the Parks and Recreation Board at its November 3 meeting. There is no additional expense to the City. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution No. 968 authorizing the Memorandum of Understanding with the R.S.V.P. Officials. Motion carried: 5 Yeas; 0 Nays. AA: j s RESOLUTION NO. 968 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 concerning the Retired Senior Volunteer Program - RSVP 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 19th day of November /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Asst. City Attorney M E M 0 R A N D U M 0 F U N D E R S T A N D I N G between RETIRED SENIOR VOLUNTEER PROGRAM - RSVP 2001 - 19th Street P.O. Box 2000 Lubbock, Texas 79457 (806) 744-1433 and Name and address of VOLUNTEER STATION City of Lubbock Parks and Recreation Department P.O. Box 2000, Lubbock, Texas 79457 , 1981. Name and title of person who will be responsible for instruction and super- vision of Senior Volunteers as needed. Director of each senior center 1. VOLUNTEER ASSIGNMENTS - A list of planned assignments will be attached to this Memorandum. 2. THE RETIRED SENIOR VOLUNTEER PROGRAM WILL - a. Provide orientation about the RSVP for the Volunteer Station's representative. 4/ 750 b. Recruit and interview Senior Volunteers before referring them o the Volunteer Station. 11 C. Participate in interviews of Senior Volunteers with Station rE?re- sentative before placement. d. Review assignments to determine acceptability for its volunteECS. 3. THE VOLUNTEER STATION WILL - I a. Have final approval or disapproval over placement of volunteels. b. Provide orientation concerning the Station and individual ass-.gn- ments for Senior Volunteers. C. Have an interview with each Senior Volunteer before placement d. Provide each Senior Volunteer with a brief oral description oj his or her assignments. 4. MEALS - (one or more of those listed) �a_ The Volunteer Station will provide the Senior Volunteer ith meals occurring during hours of volunteer service. b. The Volunteer Station will partially participate in the I:ro- vision of such meals (as follows) C. The Senior Volunteers will provide own meals. _d. Other Volunteers may eat lunch when it is served. 5. TRANSPORTATION - (one or more of those listed) a. The Volunteer Station will provide transportation for Se Volunteers between their homes and the Volunteer Station their assignments. b. The Volunteer Station will partially participate in or vide such transportation (as follows) C. The RSVP will provide such transportation for its Senior Volunteers. d. The RSVP will reimburse Senior Volunteers for such trans tation costs. e. The Senior Volunteer will provide own transportation. f. Other None 6. OTHER OUT-OF-POCKET EXPENSES - These will be reimbursed by the VolLnteer Station (as follows) None 7. GENERAL INFORMATION a. Insurance Coverage: Senior Volunteer Accident Insurance and Ilersonal Liability Insurance will be provided by the Retired Senior Volunteer Program. b. Separation from Volunteer Service: The Volunteer Station, Sellior Volunteer or RSVP may request separation of a Volunteer from a par- ticular assignment. Discussion of individual separations may occur between RSVP staff, staff at the Volunteer Station and the Senior Volunteer to clarify the reasons or resolve conflict. C. Consultation and Evaluation: Volunteer Station and RSVP staft may confer in order to assess the progress, success, and needs of the Program. d. Accident Reports: The Volunteer Station will assist in makinig in- quiries and completing such reports as needed regarding acci nts involving Senior Volunteers. T e. Religious and Political Activities: The Volunteer Station wi 1 not assign nor request Senior Volunteers to conduct or engage in religious, sectarian, or political activity or instruction. f. Displacement of Employees: The Volunteer Station will not as3ign Volunteer to any assignment which would displace employed wor Cers. 751 g. Prohibition of Discrimination: The Volunteer Station will actively comply with provision of Title VI of the Civil Rights Act of 1964. h. Amendments: This Memorandum of Understanding may be amended in writing by concurrence of the Volunteer Station and RSVP. Signature of VOLUNTEER STATION COORDINATOR /S/ Dorothy Dailey TITLE Supr. Sr. Citizens Programs DATE 11/24/81 Signature /S/ Jeri Lyn Ricken DATE 11-25-81 RSVP DIRECTOR /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: ISI Angela Adams Angela Adams, Asst. City Attorney (b) Consider a resolution authorizing the Mayor to sign a contract between the City of Lubbock and South Plains Association of Governments for Title III Nutrition Program. Resolution No. 969 SMH:mck RESOLUTION NO. 969 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 contracts between the City of Lubbock and South Plains Association of Governments, 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 19th day of November , 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Lawrence Banks Lawrence Banks, Acting Director Parks and Recreation APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney *NOTE: Contract is attached and filed with original Resolution No. 969. 752 (c) Consider allocation of Community Development Contingency Funds for Senior Citizens Nutrition Program in CD Grant Year VIf— The Title III Program consists of two contracts: one for Information Referral and Transportation which was approved by the Council previous said contract to terminate September 30, 1982. The second contract is for the Nutrition Program and will expire December 31 of this year. This Program provides 305 hot meals per day at six locations throughout the City. Contributions by the participants have increased 33% ($22,761). There is a limited home delivery service provided to those senior citizens unable to attend at the community center. The total contract involved is $106,622 with in -kind and cash participat on the part of the City. The contract is for nine months, which leaves a deficit of $25,750 for the remainder of the year, which would allow both contracts to be valid simultaneously. There are five satellite locations that operate under this Program using part- time personnel. The Parks and Recreation Board has reviewed the Title III Nutrition Program and recommends its continuance beginning January 1, 1982. Additionally, they recommend the deficit of $25,750 to be funded from CD Contingency Funds. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Resolution No. 969 authorizing the contract for the Title III Nutrition Program and authorizing the allocation of $25,750 from CD Contingency Funds, Grant Year VI . Before balloting, Council Brown apprised the Council and members present in the Chambers that while he had nothing personal against any of them regarding this particular Program, that he had not seen any variations from his original feeling a year ago at which time he opposed the Title III Program, and he felt very strongly that there were participants who should be paying their own way and there were other abuses related to the Program, and he felt that the Parks and Recreation Department should get out of the "food handling, construction and money -hustling business and get back to flowers, weeds and the park program;" and because of his strong feelings, he would have to vote against this matter. The ballot was taken: 4 Yeas; 1 Nay (Councilman Brown). 81-40A-752-1066 Ordinance No. 8257 (10) An appropriation ordinance for lighting Spur 327 from Loop 289 to approximately 350' west of Frankford Avenue. ORDINANCE NO. 8257 WORKORDER. NO. AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is nec 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, Street Lighting Capital Projects Fund the sum of $ 12,000 For the following purposes: Light 350 feet west of Frankford Avenue. )ur 327 from Loop 289 to approx Prior Appropriation Ordinance Numbers Issued for this Project iry to 753 wz� 81-40A-753-1067 (11) 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 Passed by the Council on second reading thisl9th day of ATTEST: /S/ Evelyn Gaffga City Secretary -Treasurer Ordinance No. 8259 /S/ Bill McAlister November- 1981 November 1981 Mayor VERIFIED BY: ISI J. Robert Massengale Director of Finance APPROVED BY: ISI Carroll McDonald Department Head An appropriation ordinance for purchase of side -loading containers (Bid #6510) (Sanitation Capital Reserve -Fund). DGV:mck APPROPRIATION ORDINANCE Ordinance No. 8259 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 $120,028.44 Such sums are required for the purchase of the above named equipment required in residential sanitation operations. AND IT IS SO ORDERED Passed by the City Council on first reading this 12th day of November 1981. Passed by the City Council on second reading this 19th day of November 1981. ATTEST: /S/ Bill McAlister BILL McALISTER, MAYOR IS/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /SJ Denzel Percifull Denzel Percifull, Director of Public Services IS/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney /S/ J. Robert Massengale Director of Finance 754 Nov ` xav$ 1g$1 81-40A-754-1068 Ordinance No. 8258 (12) An ordinance authorizing payment to First Southwest Co. for financial and legal services for Electric Light and Power System Revenue Bonds. ORDINANCE NO. 8258 WORKORDER NO. AN APPROPRIATION ORDINANCE WHEREAS, The City Council of the City of Lubbock finds it is neces"ary 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 follwing described fund, to-wi 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 Passed by the Council on first reading this 12th day of November Passed by the Council on second reading this 19th day of November /S/ Bill McAlister ATTEST: /S/ Evelyn Gaffga VERIFIED BY: /S/ J. Robert Mass City Secretary -Treasurer Director of Finance APPROVED BY: Department Head 81-40A-754-1069 Ordinance No. 8260, Zone Case No. 2340 (13) An ordinance changing tract of land out of S - ec. 20, Block E-2 from T to C-2 zoning district (located at 98th St. ��ndUniversity Avenue). SMH: c 1 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. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance Nos. 8257, 8259, 8258 and 8260 on second and final reading. Motion carried: 5 Yeas; 0 Nays. t : 6,100.00 mi e M 755 1 6 a 81-40A-755-1070 Consider an amendment to Section 11A-82 and Section 24-2 of the Code of Ordinances (14) concerning the -rate of re -inspection fees. Ordinance No. 8261 In September, when all the fees and service charges were increased (see Ordinance No. 8239), the re -inspection fees were overlooked and need to be increased retroactiN October 1, 1981 to $15 per re -inspection. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance No. 8261 on first reading. Motion carried: 5 Yeas; 0 Nays. ORDINANCE NO. 8261 AN ORDINANCE AMENDING SEC. 11A-82 AND SEC. 24-2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK WITH REGARD TO REINSPECTION FEES CHARGED BY THE BUILDING INSPECTION DEPARTMENT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-755-1071 Consider a resolution accepting street paving improvements on Quaker Avenue (15) Street Widening Project from 4th Street to 16th Street (GWO 10,978). Resolution No. 970 The widening of Quaker Avenue from 16th Street to Erskine is complete and ready for acceptance. The contractor did overrun his completion date a few days because of the rain. He did provide an application of emulsion on the asphalt surface and a one-year maintenance bond on the surface. JCR:mck RESOLUTION NO. 970 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW. WHEREAS, the City of Lubbock heretofore entered into contract with Jake Diel Dirt & Paving, Inc. for the making and construction of street improvements on portions of streets, and/or avenues in said City including among others the following: Quaker Avenue widening from 16th Street to Erskine Street (G.W.O. 10,978) AND WHEREAS, the construction of the above improvements on the abovementioned streets and/or avenues 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 terms of said contract G.W.O. 10,978. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: N That the improvements on said portions of the abovementioned streets, and/ or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to release retainage monies in the amount of $79,915.11 to the above mentioned contractor. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 19TH DAY OF NOVEMBER, 1981. ATTEST: /S/ Bill McAlister BILL MCALISTER, MAYOR 4 1; - I Fvc-lyn Gnffgn Evelyn Gaffga,City Secretary -Treasurer APPROVED AS TO CONTENT: Jq4 T)r)n jPnnings Don Jennings, City Engineer APPROVED AS TO FORM: 4S4 Tnhn C.- Rnss, Tr- john C. Ross, Jr., City Attorney 756 to 1� 1981 81-40A-756-1072 Consider an appropriation ordinance for the cost of additional impro (16) on the Quaker Avenue Street Widening Project from 4th Street to T6t_h­Street (GWO 10,978). *See Ord. 7834 and Ordinance No. 8262 8123. The additional cost for paving improvements were incurred in the area of 4th Street to 16th Street and resulted from curb and gutter replacement on the east side of 16th Street to make the grade compatible as well as curb and gutter across the drainage channel on 8th Street. Likewise, reconstruction of an alley north of 9th Street and removal of 130' of damaged curb and gutter on the west side of 6th Street as well as resurfacing the stubs on 14th and 16th Streets necessitated the increased cost in the amount of $32,228.35. ORDINANCE NO. 8262 WORKORDER NO. 10.978 AN APPROPRIATION ORDINANCE is WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: -Street Capital Improvements the sum of $ 32,228.35 For the following purposes: Supplementary cost for construction on Qual:er Avenue. Prior Appropriation Ordinance Numbers Issued for this Project 7834, 81','3 Projected Costs Projected Funding Construction and Engineering 1977-1982 Capital Improvemel Expenditures totaled $809,689.26 Program Bond Fund $777,460.91 was previously appropriated for Construction and Engineering. AND IT IS SO ORDERED Passed by the Council on first reading this 19th day of November Passed by the Council on second reading this loth day of December ATTEST:/S/ Evelyn Gaffga City Secretary -Treasurer It s /S/ Bill McAlister 11 Mayor VERIFIED BY:/S/ J. Robert Massengale Director of Financ4l APPROVED BY:-/S/ Don Jennings Department Head 81-40A-756-1073 Consider a resolution accepting street paving improvements in (17) Whisperwood Addition (Lots 102-159, Tracts E-1 through E-5, H-1 through H=10). Resolution No. 971 This is a routine acceptance. JCR:mck RESOLUTION NO. 971 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 Whisperwood Addition, 757 ZMEEff •« under the provisions of said Ordinance prior to the recording of the subdivision plat of Lots 102 through 159 and Tracts "E-111 - "E-5" and "H-1" - "H-10" including the following streets: Utica Avenue from its intersection with the North lip line of Whisperwood Boulevard to its intersection with a line 89.87' Northeasterly of the North property line of Whisperwood Boulevard known and designated as New Subdivision Sub -Unit Number 37 of Unit Number 2028. Northeast leg of Whisperwood Boulevard from its intersection with the South lip line of Loop 289 to its intersection with a line 188.17' North of the North property line of 4th Street known and designated as New Subdivision Sub -Unit Number 38 of Unit Number 2028. Southwest leg of Whisperwood Boulevard from its intersection with a line 8.00' North of the North property line of 4th Street to its intersection with a line 15.00' Northwest of the Southeast property line of Tract "E-4" (Whisperwood Addition) known and designated as New Subdivision Sub -Unit Number 39 of Unit Number 2028. Southwest leg of Whisperwood Boulevard from its intersection with the South lip line of Loop 289 to its intersection with a line 15.00' North of the North property line of 2nd Street known and designated as New Subdivision Sub -Unit Number 40 of Unit Number 2028. Slide Road from its intersection with the South lip line of Loop 289 to its intersection with a line 15.00' North of the North property line of 2nd Street known and designated as New Subdivision Sub -Unit Number 41 of Unit Number 2028. 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 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 $2,000.61. is@ This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 19TH DAY OF NOVEMBER, 1981. ISI Bill McAlister BILL MCALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Don Jennings , Don Jennings, City Engineer APPROVED AS TO FORM: /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Consolidated Estimates are attached and filed with original Resolution No. 971. f 758 KO4 0 The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 970 accepting the street paving improveME on Quaker Avenue, as stated above; to pass Ordinance No. 8262 on first reading, appropriating funds for the additional improvement costs; and to pass Resolution No. 971 accepting the street improvement in Whisperwood Addition. Motion carried: 5 Yeas; 0 Nays. 81-40A-758-1074 Consider a resolution amending the street use license, street and (18) alley closing and easement closing policies. Resolution No. 972 The original policy establishing street use and alley use licenses is dated in 1967. No update has occurred since then. The primary interest is to establish reasonable policies and charges for private individuals using public property. The proposed resolution would establish a $150 non-refundable application fee for processing street use licenses and street/alley closures. The street use license would cover private users of encroachments on public property and public easements, and the cost of the license would depend on the type of encroachment, of which there are three: l.. Surface The surface leases include parking of motor vehic or storage of equipment or materials with no construction of building or structure permitted, temporary structures, utilities, planter boxes, etc. The proposed fee is 10% of the fair market value. 2.. Subsurface -- Subsurface licenses include underground passa� utilities, tunnels and basements. The proposed fee would be 10% of 60% of fair market value. This fee is less because the public is not visually or physically obstructed by the encroachment. 3. Aerial -- Aerial licenses include building overhangs. The fee is based on 10% of 75% of fair market value, the differentiation resulting from the public being visually in contact with the encroachment. The street use license fee is computed annually with a minimum annual fee of $50.00 for a period of five years, and the license is subject to review and increase at the end of each five-year period. The license provides for a lien being placed upon the property in the event of default of payment of the necessary fees. The street use policy would require that fair market value be established with appraisal being handled by the Right -of -Way Department. Original dedicators would be exempt from any charge by the City in the event of street/alley closures. The Planning and Zoning Commission would still be required to approve a new plat when an alley or street is abandoned, and the Right -of -Way Department will conduct the appraisal process in establishing the fair market value. Director of Public Services Denzel Percifull apprised the Council that research had been done with twelve other cities of comparable size and a medium average was then determined thus setting the proposed fees as recommended. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 972 establishing the new street use license, street and alley closing and easement closing policies. Motion carried: 5 Yeas; 0 Nays. DGV: da RESOLUTION NO. 972 WHEREAS, the City Council of the City of Lubbock in 1967 adopted a policy pertaining to the use of public rights of way by the public for other than street purposes, and WHEREAS, the City Council of the City of Lubbock deems it advisable to update such policy in keeping with present conditions, and WHEREAS, the City Council deems it advisable to extend such policy to include the abandonment and closing of public easements and public rights of way; NOW THEREFORE: P Les ys BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: PART 1. THAT the Dolicv of the Citv of Lubbock reRardina the 759. . (a) An application fee of one hundred fifty dollars ($150.00) per license shall be required of all applicants. This fee shall be non-refundable, regardless of the ultimate action taken by the City Council, and shall be in addition to any other charges hereafter described. (b) Because of the encroachment upon public property resulting from the granting of licenses, the licensor shall pay an annual fee based upon the nature of the particular encroachment, which fees shall be as follows: (1) Surface. The fee shall be ten percent (10%) of the fair market value of the area to be licensed as determined by an appraisal conducted by the City of Lubbock Right of Way Department. (2) Sub -surface. The fee shall be ten percent (10%) of sixty percent (60%) of the fair market value of the area to be licensed as determined by an appraisal conducted by the City of Lubbock Right of Way Department. (3) Aerial. The fee shall be ten percent (10%) of seventy-five percent (75%) of the fair market value of the area to be licensed as determined by an appraisal conducted by the City of Lubbock Right of Way Department. All said licenses shall be subject to a minimum fee of fifty dollars ($50.00) per annum. Such licenses shall be for periods not exceeding twenty (20) years in length and the annual fee shall be subject to review and alteration each five years after the license is initially granted. No annual fee shall be charged to original dedicators in those cases where the public property was dedicated without charge to the City of Lubbock and the property has not changed hands. The annual fees for the first five years shall be tendered in the form of a certified check prior to the placing of the request for license on the City Council agenda. The check shall be returned if the request fails to pass. (c) The above fees shall not cover items of a temporary nature normally permitted under provisions of the Lubbock City Code, nor does it cover such things as temporary construction barricades and other items covered by other local or state regulation. (d) Unusual cases may arise which will call for exceptional handling by the City Council within the general framework of this policy which cases may be handled as deemed appropriate by the City Council. PART 2. THAT in conformance with the power and authority conferred by Vernon's Ann.Civ.St., Article 1017 and Article 5421c-12, the policy of the City of Lubbock regarding street and alley closures shall be as follows: (a) An application fee of one hundred fifty dollars ($150.00) per street or alley closure shall be required of all applicants to cover administral processing, legal and publication costs. This fee shall be non-refundable, regardless of the ultimate action taken upon the matter by the City Council, and shall be in addition to any other charges hereinafter described. (b) Because of the enhancement which results to adjoining properties from the vacation and closing of streets and alleys no longer needed by the public, the adjoining property owners who receive such benefits shall pay to the City the fair market value per square foot of the area that such closure shall add to such property owner's land. Such fair market value shall be established by appraisal by the City of Lubbock Right of Way Department. No charge shall be made to original dedicators in those cases where the right of way was dedicated to the City of Lubbock without charge and the property has not changed hands. A credit against such charge, but not in excess thereof, shall be allowed for a simultaneous dedication of other property to the City of Lubbock approved by the City Council. The charge herein set out shall be tendered in the form of a certified check prior to placing of the closure ordinance on the City Council agenda. The check shall be returned if the ordinance fails to pass. PART 3. THAT the policy of the City of Lubbock regarding the release of public easements shall be as follows: (a) An application fee of one hundred fifty dollars ($150.00) per easement release request shall be required of all applicants to cover administrative processing. This fee shall be non-refundable, regardless of the ultimate action taken by the City of Lubbock, and shall be in addition to any other charges hereinafter described. (b) In the event that the City of Lubbock bought the easement requested to be released, the applicant shall pay to the City the fair market value of the easement as established by an appraisal made by the Right of Way Department of the City of Lubbock,. A credit against such charge, but not in excess thereof, shall be allowed for the simultaneous dedication of other easement(s) in lieu of the easement requested to be released or ve approved by the City Council. No charge shall be made to original dedicators in those cases where the easement was granted to the City of Lubbock without charge and the property has not changed hands. The charge herein set out shall be tendered in the form of a certified check prior to the placing of such request upon the City Council agenda. The check shall be returned if the request fails to pass. Resolved by the City Council this 19th day of November 11 1 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney 81-40A-760-1075 Consider a resolution authorizing the Mayor to execute a street and a (19) license for a subsurface "oil flow" pipeline in the Valley View Addit Resolution No. 973 Texland Petroleum, Inc. is requesting permission to install an underground pipeline in the Valley View Addition just South of the Lubbock Country Club. If granted, the licensee will bear all existing concrete and asphalt paving and drainage improvements and street and alley appurtenances to avoid cutting or destroying them; the licensee is required to pay all costs for repairing paving, sidewalks and utilities as a result of the construction; and the licensee agrees to reimburse the City or utility company if the pipeline interferes with or causes the re-routing or re- alignment of the public utility. The pipeline will be cased in steel casing, which will be externally vented. The requested street use license is under the new policy, adopted above, and is for a twenty-year period to be reviewed every five years. The application fee is $250 for the first five years. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 973 authorizing referenced street and alley use license. Motion carried: 5 Yeas; 0 Nays. JWF: j s RESOLUTION NO. 973 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorize( and directed to execute for and on behalf of the City of Lubbock a Street and Alley Use License in favor of Texland Petroleum, Inc. attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall 761 constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 19th day of November /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: 1981. La ISI Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney STREET AND ALLEY USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK This indenture made this 19th day of November , 1981, between the CITY OF LUBBOCK, TEXAS, a_ -Home Rule Municipal Corporation, and TEXLAND PETROLEUM, INC., Lubbock , County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct and maintain a system of oil flow pipelines, this license being classified as a subsurface license, and LICENSEE shall bore under all existing concrete and asphalt paving and drainage improvements and street and alley appurtenances so as to avoid cutting or destroying the same and all street and alley crossings shall be cased with steel casing and such casing shall be vented externally, and such pipelines shall be constructed of tubular steel and have a minimum cover of at least 40 inches from the ground surface at the following locations: TRACT I - PORTION OF ALLEY Field notes on a 10.0 feet pipeline license in Valley View Addition to the City of Lubbock, out of Section 78, Block A, Lubbock County, Texas and the center line being more particularly described as follows: Beginning at a point in the South line of Lot 17, Valley View Addition, for the beginning point of said centerline description, whence the South- east corner of Lot 17, bears South 80'20'00" East, 4.0 feet; THENCE South 26*01'42" West crossing an East-West alley, 20.84 feet to a point in the North line of Lot 10, Valley View Addition, for the end of this description. Containing 199.0 square feet. TRACT II - PORTION OF ALLEY Field notes on a 10.0 feet pipeline license in Valley View Addition to the City of Lubbock, out of Section 78, Block A, Lubbock County, Texas and the centerline being more particularly described as follows: Beginning at a point in the South line of Lot 9, Valley View Addition for the beginning point of said centerline description, whence the Southeast corner of Lot 9, Valley View Addition bears South 80'20'00" East, 4.6 feet; THENCE South 29'48'28" West crossing an East-West alley, 21.30 feet to a point in the North line of Lot 6, Valley View Addition for the end of this description. Containing 199.0 square feet. 762 NQy 10 TRACT III - PORTION OF STREET Field notes on a 10.0 feet pipeline license in Valley View Addition to the City of Lubbock, out of Section 78, Block A, Lubbock County, Texas and the centerline being more particularly described as follows: Beginning at a point in the West line of Lot 7, Valley View Addition and the East R.O.W. line of Meadow Drive for the beginning point of said centerline description, whence the Northwest corner of Lot 7, Valley View Addition bears North 10'02'23" East, 7.24 feet; THENCE North 81016'48" West, 53.76 feet to a point in Meadow Drive, whence the West R.O.W. line of Meadow Drive bears North 81'16'48" West, 6.3 feet; THENCE South 13013'57't West along a line 5.0 feet West of the back of curb and gutter on Meadow Drive, a distance of 165.93 feet to a point; THENCE South 16*13'44" West along a line 5.0 feet West of the back of curb and gutter on Meadow Drive, a distance of 456.88 feet to a point; THENCE South 79017'23" West, 7.9 feet to a point in the West R.O.W. line of Meadow Drive and the East line of Block 7, Valley View Addition for the end of this description. Containing 6847 square feet. TRACT IV - PORTION OF STREET Field notes on a 10.0 feet pipeline license in Valley View Addition to the City of Lubbock out of Section 78, Block A, Lubbock County, Texas and the centerline being more particularl3 described as follows: Beginning at a point in the North R.O.W. line of Sunset Lane and the South line of Block 7, Valley View Addition for the beginning point of said centerline description, whence the North -Southeast corner of Block 7, Valley View Addition bears North 79017'23" East, 114.94 feet and South 16'19'00" West, 0.52 feet; THENCE South 79'17'23" West, 33.8 feet to a point in the North line of Sunset Lane and the South line of Block 7, Valley View Addition for the end of this description. Containing 477 square feet. TRACT V - PORTION OF STREET Field notes on a 10.0 feet pipeline license in Valley View Addition to the City of Lubbock, out of Section 78, Block A, Lubbock County, Texas and the centerline being more particular described as follows: Beginning at a point in the South R.O.W. line of Sunset Lane and the North line of Lot 5, Block 3, Valley View Addition, for the beginning point of said centerline description, whence the Northwest corner of Lot 5, Block 3, Valley View Addition bears South 73'22'39" West, 97.6 feet; THENCE North 11'43'31" West, 60.22 feet to a point in the North R.O.W. line of Sunset Lane and the South line of Block 7, Valley View Addition for the end of this description. Containing 602 square feet. The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event unless either party shall give written notice of termination to the other party sixty (60) days before the expiration of the first, second, or third five (5) year term as the case may be, and the City of Lubbock retains the right at its election to cancel and revoke this license with or without cause upon.thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 3402 Fort Worth National Bank Building, Fort Worth, Texas 76102, of the last known address of LICENSEE. 763 Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvement after demand by the CITY OF LUBBOCK, the CITY OF.LUBBOCK shall enter possession, any remove or cause to be removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of TWO HUNDRED FIFTY AND N0/100 ($250.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this license, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK based on an appraisal of the fair market value of such land by the Right of Way Department of the CITY OF LUBBOCK as applied to the formula for determining such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing ninety (90) days before the start of the five (5) year term to which such change in rate shall.apply, and if such notification be not timely made then the rate for the preceding five (5) year term shall apply. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this 4cense herein granted, including but not limited to the replacement_ and _1 repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 4. In the vent the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchesed utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such relocating or rerouting over and above the expense which would have been incurred except for LICENSEE`S use herein. 5. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition .that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LBUBOCK, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suites at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction of maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contracoors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability,.cost and expense growing out of the performance of the work.to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteein, the (faightful')performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 7. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph Five (5). 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no -interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK BY /S/ Bill McAlister T)TTT Tif_AT T11T7) IN Vl1D 764 WN AGREED TO AND ACCEPTED this 2nd day of December, 1981. LICENSEE: TEXLAND PETROLEUM, INC. BY /S/ R. J. Schumacher R. J. Schumacher PRESIDENT APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: ISI 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, known to me to be the person whose name is subscribed t the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and consideration therein expressed and in the capacity therein stated. .GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd day of November, 1981. 11 /S/ Olivia R. Solis Notary Public, Lubbock County, TE Commission expires 12/5/81 (Seal) 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 R. J. Schuma( President of Texland Petroleum, Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledg( 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 corporation. I GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2nd day of December, 1981. /S/ Nancy Wilson Notary Public, Lubbock County, (Seal) 81-40A-764-1076 Consider an ordinance to abandon and close a portion of an alley (20) in Block 107, Overton Addition. Ordinance No. 8263 Nunn Electric has requested the closure of an alley in Block 107, Overton Addition, which fronts 4th Street on the South side and lies between Avenue S and Avenue R. The Planning and Zoning Commission approved the new plat in September, 1981. Inasmuch as Nunn Electric filed their request back in September, their request will be under the old street and alley use license policy. er, N 765 The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 8263 on first reading. Motion carried: 5 Yeas; 0 Nays. JWF:da ORDINANCE NO. 8263 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: A PORTION OF A 20 FOOT ALLEY LOCATED IN BLOCK 107, OVERTON 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-765-1077 Consider a resolution authorizing the Mayor to sign a contract for architectural (21) services for: Resolution No. 974 (a) Rodgers Senior Citizens Center The contract is with McMurtry and Craig, Architects, for the renovation of Rodgers Community Center. The budgeted cost is $192,000 to be funded with CD Funds. The improvements will include office space, three meeting rooms and a variety of storage areas. The architect's fixed fee is $14,500, which is approximately 7.6% of the total construction budget. Special conditions are: 1. The architect will rework bid documents at no expense to the City in the event the bids exceed budgeted funds. 2. The architect will make arrangements for soil testing if necessary, at City's expense. 3. The architect will notify the City of any claims against the contractor or subcontractors. 4. The architect will comply with CD regulations. 5. The architect is to furnish the City with a set of reproducible drawings which will become the property of the City. DGV: da RESOLUTION NO. 974 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 Architect with McMurtry & Craig, Architects, for the Rodgers Community Center for Senior Citizens Activities project, a copy of which contract is attached hereto and 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 19th day of VINWOW /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: ISI Donald G. Vandiver Donald G. Vandiver, Asst, City Attorney November ISI Bill McAlister BILL McALISTER, MAYOR .1981. *NOTE: Standard Form of Agreement is attached and filed with original Resolution No. 974. 766 NOV � 9 1981 (b) Remodeling George Woods Center Resolution No. 975 SEE Reso. 1331, 3/10/83, for _ _ Change Order #2 with Pharr & Pharr. Michael T. Martin is the architect to handle the remodeling project at an estimated amount of $134,000 to be allocated from CD Funds. The improvements will include additional floor space with renovation SEE Reso. 1140, 6/24/82, for contract_ of the existing facilities. The architect's fee is $9,315, which between City and Pharr & Pharr to is 6.95% of the allocated construction cost. renovate Geo. Woods Comm. Cntr. DGV:da_._ RESOLUTION NO. .975 SEE Reso. 376, 1/10/80 _ _ CDBG 1980-1981 BE IT.RESOLVED BY THE CITY COUNCIL OF THE -CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authoriz and directed to execute for and on behalf of the City of Lubbock a Standard Form of Agreement Between Owner and Architect with Michael T. Martin, Architect, for the addition to and renovation of George Woods Community Center, a copy of which contract is attached hereto and 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 19th day of November /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney *NOTE: Standard Form of Agreement is attached and filed with original Resolution No. 975. The motion was made by Councilman Brown, seconded by Councilman Adert to pass Resolution No. 974 authorizing the contract with McMurtry and Craig for the renovation of -,the Rodgers Senior Citizens Center, and to pass Resolution No. 975 authorizing the architect's contract for the remodeling of George Woods Center. Motion carried: 5 Yeas; 0 Nays. 81-40A-766-1078 Consider claims against the City. (22) a. Claim No. 81-C-526 Craig Douglas $81.40 Auto damage from hitting pot hole 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-528 J. David Nelson $69.53 Auto damage from hitting pot hole The motion was made by Councilman Aderton, seconded by Councilwoman Baker to DENY the above referenced claim. Motion carried: 5 Yeas; 0 Nays. c. Claim No. 81-C-511 Rose Sharon Richardson $unknown Paint damage to automobile The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to DENY the above referenced claim. Motion carried: 5 Yeas; 0 Nays. ,1981. 81-40A-766-1079 Consider Bid No. 6551 for miscellaneous Harris Terminal Equipment (23) (Community Development). Low Bidder Harris Corporation, Dallas, TX ($6,174.00) 767 NOV 19 )98j 81-40A-767-1080 Consider Bid No. 6542 for mail -out and return envelopes (Utility Collections). (24) Low Bidder Graham Paper Company, Lubbock, TX ($6,660.86) 81-40A-767-1081 Consider Bid No. 6541 for tractor backhoe and trenching machine (Electric (25) Distribution). Low Bidder Jerry Walker Ford Tractor, Inc., Lubbock, TX (Item 1 - $32,239.00; Item 2 - $30,245.00) 81-40A-767-1082 Consider Bid No. 6546 for roofing Parks Maintenance Shop, located at 2000 (26) Erskine, and authorize same. (Parks & Rec.) Resolution No. 976 Low Bidder Ajax Roofing Company, Inc., Lubbock, TX ($13,595-00) SMH:mck RESOLUTION NO. 976 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract between the City of Lubbock and Ajax Roofing Company, Inc. for the roofing of the Park Maintenance Shop at 2000 Erskine, 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 19th day of November , 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Lawrence Banks Lawrence Banks, Acting Director Parks and Recreation APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 19th day of November, A.D. 1981, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Bill McAlister, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Ajax Roofing Company, Inc. P.O. Box 5122 of the City of Lubbock, County of Lubbock and State of Lubbock , hereinafter termed CONTRACTOR. Nov 19 1981 WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain irip-rov-_=ients described as follows: Roofing of park maintenance building at 2000 block of Erskine as per specifications (Bid No. 6546). and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other acceE and services necessary to complete the said construction in accordz with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within 10 consecutive days thereof. Contractor hereby agrees to pay as liquidated damages, the sum of $100.00 for each consecutive calendar day thereafter, as specified in paragraph 33 of the General Conditions. For and in consideration of the aforementioned, Owner hereby agrees to pay to the Contractor the sum of $13,595.00. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided thereii IN WITNESS WHEREOF, the parties to these presents have execut this contract in six (6) counterparts, each of which shall be deemed an original.,, in the year and day first abovementioned. CITY OF LUBBOCK, TEXAS ISI Bill McAlister Mayor ATTEST: ISI Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Lawrence Banks Lawrence Banks Acting Director, Parks and Recreation APPROVED AS TO FORM: ISI Susan Horton Susan Horton Assistant City Attorney ATTEST: Secretary ,CONTRACTOR BY: / S TITLE: COMPLETE ADDRESS: )ries .e 769 Director of Purchasing Floyd Nesbitt indicated that all the above referenced bids are the low bidders and meet specifications. The motion was made by Councilman Aderton, seconded by Councilman Brown to approve Bid Nos. 6551, 6542, 6541 and 6546,,referenced above; and to pass Resolution No. 976 related to Bid No. 6546, above. Motion carried: 5 Yeas; 0 Nays. 81-40A-769-1083 Consider four appointments to the URBAN RENEWAL AGENCY. The terms of Matt (27) Malouf, John Cammack, J. T. Braxton and Alfonso Castaneda expire 11/26/81. This item was TABLED. The Council recessed at 10:07 a.m. for Work Session, to be followed by Executive Session, and adjourned at 10:30 a.m. upon the motion by Councilwoman Baker, seconded by Mayor Pro Tem Henry, to be followed by lunch prepared by Betty Aderton and Julie Cunningham. Motion carried: 5 Yeas; 0 Nays. ATTEST: Eelyn Gaffia, City Se& Treasurer READ AND APPROVED THIS lrth DAY OF December 1981. BILV9FAIISTER, MAYOR ATTEST: �velyn Gaffia, City Se&ery-treasurer