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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/24/1982JUN 0 4. 'QP9 1105 82-41 -1105-1735 (1) 82-41 -1105-1736 (2) 82-41, -1105-1737 (3) 82-41 -1105-1738 (4) 82-41 -1105-1739 (4a) 82-41 -1105-1740 (5) CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JUNE 24, 1982 At.8:37 a.m.,,..,the Mayor,..-announced..that an executive session will be held for the purpose of considering land acquisition and pending litigation. This session will be held in accordance with Section 2-F, Article 6252-17, V.A.T.S. The City Council of Lubbock, Texas met for its regular meeting Thursday, June 24, 1982, 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, Council- woman Joan Baker, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: Councilman M. J. Aderton The invocation was given by Mayor Pro Tem Alan Henry. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. Approval of Minutes - Regular Meeting, June 10, 1982. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve the minutes of the above stated meeting. Motion carried: 4 Yeas; 0 Nays; Council- man Aderton absent. Board Appointments Carolyn Matthews Joy Lambert Reg. Albritton W.C. Lewis Nancy Bashore Don Voorhees Leo Padgett Helen Payne Kathy Powell Carl Moss Airman of the Month Receiving: A1CVernon Putnam City Health Board Human Relations Commission South Plains Employment and Training Consortium South Plains Employment and Training Consortium South Plains Employment and Training Consortium South Plains Employment and Training Consortium South Plains Employment and Training,Consortium South Plains Employment and Training Consortium South Plains Employment and Training Consortium South Plains Employment and Training Consortium Karen Coke will appear on behalf of the South Plains Christian Fellowship to request a loudspeaker permit in conjunction with a July 4 concert. , Ms. Coke appeared before the Council on behalf of the South Plains Christian Fellow- ship located at 3602 Frankford Avenue for the purpose of requesting a loudspeaker permit to be used relating to a gospel concert to be held July 4 behind the church building. This will be an outdoor festival and will begin at 7:30 p.m., ending approximately at 10:30 p.m. They would like to use microphones and loudspeakers. Although apartments are located in the general vicinity, there has been no opposition expressed from the residents therein. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to grant 1106 Jun having a July 4th festival to be held on Monday, July 5th, in the Hollon's Home Furnishings' parking lot west of the store located at Loop 289 and Brown- field Highway. This is the 2nd annual event and the activities will consist of patriotic speeches and various announcements for which they will need to use loudspeakers. The event will last from 9:00 a.m. until approximately 6:00 p.m. This is located in a primarily commercial area and there has been no opposition expressed. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to grant the loudspeaker permit as requested. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. 82-41-1106-1742 Michael Martin will appear regarding renovation and addition to George Woods (7) Community Center(Bid#6830), and authorize same (CD Funds). *Contract with Pharr & Pharr located in Resolution No. 1140 file Mike Martin, the architect, appeared before the Council to indicate that bids had been submitted and the low bid was Pharr and Pharr Enterprises with the (D (D M Cn low bid for $131,400. In addition to this sum, the architect's fees and Z; 0 rr M :� M miscellaneous costs will be involved, the total cost of which would exceed the (D (D W (D �d (D M �d amount allocated by the City Council in the amount of $139,402. (Community 0 W 0 rt (D 0 W 0 0 (D C� M Development Funds). t7j o (D 0 I-e 1-1 Mr. Martin indicated that they felt that they could negotiate with Pharr and 00 al Pharr Enterprises to delete some items in the amount of $3600., but in the 0 event that that was not possible, he was under the impression that an overrun o P" could be funded from CD contingency funds. In any event, in accordance with Z, 0 0) 11 �-- W%.0 00 1­ Community Development procedures, the bid will need to be awarded as submitted 1-d 00 0 t-1 -_ rt 00 and the funding adjusted and negotiated at a later time. tl �-h It was Mr. Martin's recommendation that the bid be approved and the contract Q, 0 0 tln authorized. �-d rt n :=" P3 Low Bid Pharr and Pharr Enterprises n (D Lubbock, Texas ($131,400.) rt 5 ID ::I rt rr (This bid will include: furnishing the necessary materials, labor and super- vision for renovation and additions to a building for George Woods Community Center located at Zenith and Erskine.) The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to award Bid #6830, referenced above, and to pass Resolution No. 1140 authorizing the contract with Pharr and Pharr Enterprises for the rennovation of George Woods Community Center. Councilman Brown asked that the motion be amended to reflect that if there is an overrun, CD contingency funds would be used. Mayor Pro Tem Henry and Councilwoman Baker concurred. The ballot was taken: 4 Yeas; 0 Nays; Councilman Aderton absent. JMS:mck RESOLUTION 1140 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 PHARR & PHARR ENTERPRISES of Lubbock, Texas, for the renovation and addition to the George Wood Community Center as per City of Lubbock Bid No. 6290, which contract attached herewith, 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 City Council this 24th day of ATTEST: June /S/ Bill McAlister BILL McALISTER, MAYOR /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Weston Jim Weston, Director of Community Facilities 1—J APPROVED AS TO FORM: ISI Joan M. Sherwin Joan M. Sherwin, Assistant City Attorney JUN 2 4- P82 1107. 82-41 -1107-1743 Consider an ordinance amending Ordinance No. 8291 regarding Seismographic Testing (8) Permits. Amends Ord. 8291 (2-11-82) Ordinance No. 8333 DGV:da ORDINANCE NO. 8333 AN ORDINANCE ADDING A SECTION 19A-27 TO THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK; REGULATING SEISMOGRAPHIC TESTING WITHIN THE CITY LIMITS OF THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY, AND PROVIDING FOR PUBLI- CATION. 82-41 -1107-1744 Consider an ordinance amending Capital Projects Budget for 1981-82 related to water (9) utilities projects. (Amends Ordinance No. 8235). Amends Ord. 8235 (9-10-81) Ordinance No. 8334 JCR:mck ORDINANCE NO. 8334 AN ORDINANCE AMENDING ORDINANCE NO. 8235, ADOPTING A BUDGET.FOR FISCAL YEAR 1981-82; PROVIDING FOR THE ADDITION OF FUNDS TO THE CAPITAL PROJECTS BUDGET FOR FISCAL YEAR 1981-82, AND APPROPRIATING SAME. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinances 8333 and 8334 on second and final reading. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. 82-41 -1107-1745 Consider request of Texland Petroleum, Inc. to reduce bond to $10,000 on the fol.- (15) lowing well sites: a. Hillcrest #1 (18-0130-11410-81-9) b. _Hillcrest 71-2 —(18-0130-114111-81-5) C. Hillcrest #3 (18-0130-11412-81-1) d. Welch #1 (18--0130-11401-81-0) These four (4) well sites have been developed in accordance with the ordinance regulating oil and gas drilling permits. The Council has the option to reduce the bonds after the wells have been drilled. Texland Petroleum is requesting the reduction to $10,000 for each of the four stated well sites. The motion was made by Councilman Brown, seconded by Councilwoman Baker to grant the request to Texland Petroleum to reduce the bonds to $10,000 per well site. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. 82-41-1107-1746 Consider the closing of the 1979-80 Urban Renewal projects under the 5th Year (16) Community Development Block Grant Program. As part of the 5th Year CD Program, the Urban Renewal Agency received $2,389,462 to perform various housing activities in the Arnett -Benson, Bean, Phyllis Wheatley, Meadowbrook Villa, Elliston, Posey and Stubb areas. All of the projects have been completed for 1979-80 and the Council now needs to officially close these projects. The final costs per area were: Work Area Original Cost Final Cost Arnett -Benson $ 558,149.71 $ 576,924.37 Phyllis Wheatley 474,461.54 480,302.14 Meadowbrook Villa 117,441.99 115,381.17 Elliston 426,010.23 426,944.32 Bean 225,883.04 215,615.21 Posey 200,823.62 191,364.58 Stubbs 168,967.87 165,206.21 Administrative Costs 21 7,724.00 217,724.00 TOTAL $2,389,462.00 $2,389,462.00 The motion was made by Councilwoman Baker, seconded by Councilman Brown to accept the completed projects as stated above. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. 82-41 -1107-1747 Consider a resolution authorizing the Mayor to execute a funding agreement with the (17) Urban Renewal Agency. Resolution No. 1129 The CDBG contracts with the Urban Renewal Agency to perform housing activities under this program. The proposed funding agreement is for the 8th year of the CDB Grant Housing Program. Some of the major changes in the contract are: 1. On any extra projects the City may contract with the Agency to complete, they will be limited to reimbursement for overhead and 6% of the total project costs. JUN 2. All projects approved under this agreement must be completed within two years from the effective date of the agreement. 3. Prior to the disbursement of any funds under the agreement, the Urban Renewal Agency is required to submit formal budgets using the City's process and budget forms. 4. All requests for travel expenditures must be approved by the City prior to any expenditures being made. 5. All program income from land sales must be turned in to the City at the close of each month. 6. If the Agency is in violation of any of the terms of the agreement, funds can be withheld until the violation can be resolved. The funding agreement in its entirety has been reviewed and approved by the HUD area office. These changes referenced above were discussed thoroughly in the 8:30 a.m. Work Session and the Council was unanimous in its support inasmuch as the City is the responsible party and is being listed as the recipient of the grant funds. At the Regular Session, the motion was made by Councilman Brown to pass Resolution No. 1129 authorizing the funding agreement reflecting the proposed changes. Councilwoman Baker indicated that she would second the motion contingent upon it being amended to reflect that the Agency is to comply with the City's timetable in filing the budget under the City's budget procedures. Councilman Brown accepted the amendment as stated. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. JS:js RESOLUTION NO. 1129 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK. WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Plan pursuant to the Housing and Com- munity Development Act of 1974 as amended; WHEREAS, the Agency is a public body, corporate and politic, created pur- suant to Art. 1269 1-3, V.A.C.S., and is transacting business and exercising the powers granted by said law; and WHEREAS, the City desires to contract with the Agency to provide and do certain activities and services pursuant to the Housing and Community Develop- ment Act of 1974 as amended and the related rules and regulations of the De- partment of Housing and Urban Development (HUD), and said Agency is authorized by law and is willing to carry out such activities; 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 a Community De- velopment Funding Agreement between the City of Lubbock and the Urban Renewal Agency of 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 24th day of June 1982. /S/ 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 Coordinator APPROVED AS TO FORM: /S/ Joan Sherwin Joan Sherwin, Asst. City Attorney COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK STATE OF TEXAS COUNTY OF LUBBOCK This Agreement entered into this 24th day of June ) 1982, between the City of Lubbock, a home rule municipal corporation, hereinafter called "City" and the Urban Renewal Agency of the City of Lubbock, Texas, a municipal corporation, hereinafter called "Agency." WITNESSETH: WHEREAS, the City is obligated to do and perform certain services in its under- taking of a Community Development Plan pursuant to the Housing and Community Develop- ment Act of 1974 as amended; WHEREAS, the Agency is a public body, corporate and politic, created pursuant to Art. 1269 1-3, V.A.C.S., and is transacting business and exercising the powers granted by said law; and WHEREAS, the City desires to contract with the Agency to provide and do certain activities and services pursuant to the Housing and Community Development Act of 1974 as amended and the related rules and regulations of the Department of Housing and Urban Development (HUD), and said Agency is authorized by law and is willing to carry out such activities; NOW THEREFORE, the City and the Agency do hereby mutually agree as follows: 1. The Agency agrees to perform and do such activities as may be necessary to provide rehabilition and relocation assistance programs as well as to make acquisitions deemed necessary and described in the Community Development Area Budget and Work Program, which is attached hereto as Exhibit "C" and incorporated into this Agreement by this reference, and the Annual Appli- cation which begins June 1, 1982 and continues to May 31, 1983, and the specific Urban Renewal Plan approved and adopted by the City Council, pursuant to and under the authority of Article 1269 1-3, V.A.C.S. 2. The City will apply for funds from the Department of Housing and Urban Development and such funds when received by the City shall be held for disbursement to the Agency subject to the terms and conditions hereinafter set forth for the purpose of enabling the Agency to perform the agreed services, the total amount paid not to exceed One Million Five Hundred Ninety-seven Thousand One Hundred Dollars ($1,597,100.00). 3. The Agency will perform the activities set forth in this Agreement in such areas of the City heretofore designated as Neighborhood Strategy Areas and which bear specific designations as Area 7E, Area 16A, Area 17C, Area 17D, Area 20, Area 22, Area 25, Area 26, Area 27C, Area 27D, and Area 29. The site locations are indicated in Exhibit "A", attached hereto and made part hereof. The named and described areas are within designated Community Development Rehabilitation and Redevelopment Areas. Plans for each of the said areas are set forth in a specific Urban Renewal Plan which includes the objectives, land -use, techniques for carrying out each plan, proce- dures for changing any plan, property rehabilitation standards, specific restrictions, boundary descriptions, and acquisition maps, all adopted by the City Council in accordance with law, all of which are on file in the Office of the City Secretary and the Office of the Executive Director of the Urban Renewal Agency and to all of which reference is here made and by reference made a part hereof for all particulars as though fully set out herein. 4. The governing body of the Agency, the Agency's Board of Commissioners, shall adopt such policies as may be necessary to guide the Agency in the execution of the obligations and activities authorized by this Agreement. Such policies shall be adopted after consideration of recommendations made by the Director of Planning of the City and the Executive Director of the Agency. 5. It is understood and hereby agreed that it shall be the responsibility of the Agency to implement the Community Development Area Budget and Work Program as set forth in Exhibit "C", in accordance with an Urban Renewal Plan for each of the designated areas, which Plan, has been adopted, and to this end the Agency shall be responsible and obligated to do and provide the following: A. Rehabilitation. The Agency shall perform and carry out all rehabili- tation assistance for both residential and commercial structures, if any, including the administration and processing of No -Interest Deferred Payment loans, the supervision and administration of the rehabilitation work in respect thereto, the administration and proces- JUN 1110 Further, the Agency, in accordance with an Agreement with the Federal Government and the City of Lubbock, is given the authority to approve Section 312 loans and will act under such authority through properly designated Agency officials. The Agency in approving such loans agrees to comply with the policy of the Department of Housing and Urban Development, subject to the availability of funds as determined by that Department, and to comply with the regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964 and applicable Executive Orders. B. Relocation. All relocation assistance programs available to families, individuals and businesses displaced by the activities of the Agency within the designated areas will be provided by the Agency. Further, the Agency will act as the Central Relocation Agency for the City of Lubbock, providing such technical services to the City as the City deems necessary and desirable in connection with relocation assistance to families, individuals and businesses displaced by governmental action of the City, within the boundaries of the City, including real estate acquisition by the City. In this connection, the Agency will be reimbursed by the City for its administrative and other costs in providing such services and technical assistance, said costs and services not to exceed six percent (6%) of the total cost of the relocation assistance program. The Agency agrees to comply with and will maintain the appropriate HUD -required records proving compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and all applicable regulations, policies and requirements promulgated by the Department of Housing and Urban Development pertaining to the said Act, and the Housing and Community Development Act of 1974 as amended with respect to relocation assistance and services provided hereunder. C. Real Estate Acquisition. The Agency agrees to acquire by purchase, 'dedication or eminent domain proceedings such properties within the designated areas as are reasonably necessary to achieve the Urban Renewal objectives within the said areas. Further, the Agency will provide such technical assistance to the City as the City deems necessary and desirable in connection with real estate acquisition and disposition of properties within the boundaries of the City. In this connection, the Agency will be reimbursed by the City for its administrative and other costs in providing such services and technical assistance, said costs and services not to exceed six percent (6%) of the total cost or proceeds from such acquisition or disposition of real property. The Agency agrees to comply with and will maintain the appropriate HUD -required records proving compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and all applicable regulations, policies and requirements promulgated by the Department of Housing and Urban Development pursuant to said Act, and the Housing and Community Development Act of 1974 as amended, in the acquisition of properties pursuant to the Community Development Plan of the City. D. Public Improvements. The Agency shall make or cause to be made such public improvements within the designated Urban Renewal areas as are set forth in the approved budget, and amendments thereto. 6. The Agency shall complete all projects and programs undertaken under this Agreement or prior Funding Agreements between the Agency and the City of Lubbock within two (2) years of the effective date of this Agreement. 7. It is agreed that prior to the disbursement of any funds payable under this Agreement, the Agency shall submit to the Community Development Coordinator a proposed budget, which budget must receive the approval of the City Council. In preparation of said proposed budget, the Agency shall conform to the City's timetable for budget submission and follow the City's standard budgeting procedures. 8. It is agreed that all requests for travel expenditures must be submitted to the Community Development Coordinator and approved according to esta- blished City procedures prior to any expenditures being made therefor by the Agency. Upon submission by the Agency of a proper request for payment on a request form prescribed by the Community Development Coordinator, the City shall pay to the Agency amounts as shown on the approved budget as payment for services performed under this Agreement as set forth in the Area Budget and Work Program, Exhibit "C" attached hereto. Prior to making such disbursements the Community Development Coordinator may re- quire any and all additional information that he deems necessary to justify the expenditure. Such disbursements shall not exceed One Million Five Hundred Ninety-seven Thousand One Hundred Dollars ($1,597,100.00). Q. The Agencv agrees that all net Droceeds from the sale of land will be JUN 2 41982 1111. 10. The City shall provide technical and engineering services in connection with and respecting the Project Areas within the City of Lubbock, Lubbock County, -Texas, to be described in writing prior to preparation of plans and specifications, and shall do, perform, and carry out in a satisfactory and proper manner, as determined by the Agency the following: General Su- pervision, including Field Layout, and Administration of Authorized Con- struction and continuous resident field inspection, and acceptance for y final payment for sidewalk improvements. 11. For services provided by City, the Agency will pay to the City the actual cost of services performed, said services not to exceed six percent (6%) of the total project cost. f 12. Amendments to the Activities and Work Program, Exhibits "B" and "C", which amount to less than twenty percent (20%) of the total funding authorized by this Agreement may be made by the Agency with the approval of the City Manager. Any change which singly or cumulatively constitutes a shift of twenty percent (20%) or more in the amount of funds allocated may be made by the Agency only after approval by the Agency's Board of Commissioners and by the City Council. 13. The Agency shall furnish the City with any appropriate reports regarding the status of the projects or services funded with Community Development Block Grants under this or any past Agreement or which may be funded with, Community Development Block Grants under future Agreements. Such reports shall contain all the information that may be requested by the City's Community Development Department regarding the performance of the Agency's activities. The City shall advise the Agency as to the form and content of these reports.' 14. The Agency, in compliance with Article 1269 1-3, Section 16(c), V.A.C.S., shall file with the City on or before March 31st of each year a report of its activities for the preceding calendar year. The report shall include a complete financial statement by the Agency setting forth its assets, liabilities, income, and operating expenses as of the end of such calendar year. 15. The City hereby designates the Community Development Coordinator as its single point of contact with the Agency. All reports or other communica- tions relative to this Agreement shall be addressed to the Coordinator or to a delegate expressly named by the Coordinator. 16. The Agency shall be deemed at all times to be an independent contractor and nothing contained herein shall be construed as creating the relation- ship of employer and employee between the City and Agency. 17. The City shall have the right of access to Agency records, properties, and offices at any time for the purpose of verifying that the Agency is in compliance with the terms of this Agreement. 18. The activities performed by the Urban Renewal Agency with funds provided under this Agreement shall be performed within the Community Development target areas. For purposes of determining venue and the law governing this Agreement, activities performed under this Agreement are performed in the City and County of Lubbock, State of Texas. 19. The City shall not be subject to any of the obligations or liabilities of the Agency incurred in the performance of this Agreement. The Agency expressly agrees to indemnify and hold harmless the City for any and all liabilities and obligations incurred due to the negligence of the Agency, its employees, officers, agents, subcontractors or agencies, or the negli- gent acts or omissions, breaches of contract of the Agency or its employees, officers, agents, subcontractors or agencies. Notwithstanding the fore- going, no personal liability shall be imposed on the individual officers of the Agency, but the Agency alone. 20. The Agency hereby certifies and assures the City that in the g Y Y y performance � of this Agreement it will be cognizant of, comply with, and enforce the provisions of the Housing and Community Development Act of 1974, as amended (PL 93-383), and the rules and regulations of the U. S. Department of Housing and Urban Development, as amended, made pursuant thereto, including, but not limited to, those published in Title 24 of the Code of Federal Regulations. The Agency further certifies and assures the City that it will be cognizant of, comply with and enforce where applicable and to the extent required by law all other applicable Federal or State statutes, local ordinances, rules or regulations or department procedures or directives of the U. S. Department of Housing and Urban Development. 21. It is understood and agreed that the Urban Renewal Agency shall not deny benefits to or discriminate against any person on the basis of race, color, religion, age, sex or national origin in the performance of any activities funded under this Agreement. 22. This agreement may be terminated by any one of the following: A. If through any cause the Agency shall fail to fulfill in timely and proper manner its obligations under this Agreement or if the Agency shall violate anv of the covenants. agreements or stirnilatinnc of Agency. Within twenty,(20) daysafter such notice, the Agency shall inform the City in writing of corrective actions taken. The Agency shall use due diligence to correct any and all violations and in the event the violations are not corrected with a reasonable time under the circumstances the City will give notice to the Agency to appear before the City Council in open session to show cause why this Agree- ment should not be terminated. Upon hearing discussion and argument on the matter, the City Council shall either continue the Agreement in full force or terminate the Agreement. B. This Agreement shall at all times be subject to any corrective actions taken or directives issued by HUD in relation to the City, and the Agency shall comply with any such communications received by City from HUD, including termination of this Agreement. 23. Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the following: Community Development Coordinator, City of Lubbock; Executive Director, Urban Renewal Agency of the City of Lubbock. 24. The Agency represents that it has or will secure at its own expense all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the City. All personnel having financial management or the manage- ment of money as a part of their duties and who perform services under this Agreement shall be bonded. No person who is serving a sentence in a penal or correctional institution shall be employed or work under this Agreement. 25. The Agency agrees to comply with Section 3 of the Housing and Urban Devel- opment Act of 1968 as amended, 12 U.S.C. 1701u, and Section 202 of Execu- tive Order 11246, a copy of each such sections being attached hereto, marked Part II -Terms and Conditions (pages 2 through 5), and by reference made a part hereof for all particulars as though fully set out herein. 26. None of the services covered by this Agreement shall be subcontracted without the prior written consent of the City. The Agency shall be fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by it. 27. The Agency shall not assign any interest in this Agreement and shall not transfer any interest in the same whether by assignment or novation with- out the prior written approval of the City; provided however that claims for money due or to become due to the Agency from the City under this Agreement may be assigned to a bank, trust company or other financial institution or to a trustee in bankruptcy without such approval. Notice of such assignment or transfer shall be furnished to the City immediately. 28. No members of the City Council of the City and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the carrying out of the project to which this Agreement pertains shall have any personal interest, direct or indirect, in this Agreement or the proceeds thereof. The parties acknowledge, however, that Mr. H. 0. Alderson, the current Executive Director of the Agency, is also employed by the City of Lubbock as an Advisor to the City Council in mat- ters relating to the Texas Urban Renewal Law. The primary purpose of Mr. Alderson's employment by the City is to allow him to retain retirement benefits from his previous employment with the City. 29. No member of the City Council of the City of Lubbock and no other public official of the locality who exercises any functions or responsibilities in the review and approval of the carrying out of the project to which this Agreement pertains shall have any personal interest, direct or indirect in this Agreement or the proceeds thereof. 30. No member of or delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit to arise herefrom. 31. The Agency covenants and agrees that it presently has no interest and shall not acquire any interest, direct or indirect, in the above described project area, or any parcels therein, or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The Agency further covenants that in the performance of this Agreement no person having any such interest shall be employed. 32. Regardless of the date of execution hereof, this Agreement shall become effective on the lst day of June, 1982 and shall terminate upon completion of the designated projects and activities or as provided in paragraph 21 above, whichever first occurs. No disbursement shall be made, however, until the Agency has complied with the requirements set forth in paragraphs 7 and 8 above. 33. The Agency agrees to be and is hereby bound in the execution of this Agreement by the requirements and provisions as set forth in Part II - Terms and Conditions, Funding Agreement, Community Development Block Grant Program. a -^,I . 1113. j U,"j 2 41992 34. This Agreement constitutes and expresses the entire agreement between the parties hereto and shall not be amended or modified except by written instrument signed by both parties. IN WITNESS WHEREOF, the City and the Agency have executed this Agreement as of the first day above written. CITY OF LUBBOCK /S/ 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 Coordinator APPROVED AS TO FORM: /S/ Joan M. Sherwin Joan M. Sherwin, Assistant City Attorney URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS /S/ George H. Nelson CHAIRMAN, BOARD OF COMMISSIONERS ATTEST: /S/ H. 0. Alderson H. 0. Alderson, Secretary 82-41-1113-1748 Consider the price and conditions of sale of Parcel 2C-1-3 in the NDP Urban Renewal (18) area. Parcel No. Redeveloper Price Redevelopment 2C-1-3 Jimmie Davis $1,100.00 Single -Family Residences The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the price conditions of parcel 2C-1-3 of the NDP Urban Renewal Area. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. 82-41 1113-1749 Consider the price and conditions of sale of 24 parcels in the NDP Urban Renewal (19) Area. *See Minutes of July 8, 1982 for Mr. Richard Lopez has offered to purchase 24 parcels amended action as in the Guadalupe area for the purpose of developing single-family residences, with required of Mr.. Lopez. the exception of parcel 5B-18-5 which he wishes to redevelop as a convenience store. The proposed price on this parcel is $6,000 and it will require a zone change from R-1 to commercial use (this is scheduled to be considered on July 22). The residences will consist of 1000 to 1200 square feet and they will be marketable at an estimated cost of $30,000. Mr. Lopez does not have any definite financial committments at the present time and the Council wanted it made clear to him and for the record, that they encourage the redevelopment for private single-family resid- ences and are willing to authorize the sale for such development, but City Council is in no way endorsing or is interested in providing financial assistance for this development and asked the staff to make this perfectly clear to Mr. Lopez. The parcels included in this for consideration are: Parcel # Price 5B-9-5A......................$1,250 5B-9-5B...................... 1,125 5B-17-1B..................... 1,350 5B-17-2A..................... 1,300 5B-17-2B..................... 1,300 5B-17-2C..................... 1,300 5B-17-2D..................... 1,300 5B-17-2E..................... 1,300 5B-18-1B..................... 1,250 5B-20-2A & 2B.......... .... 1,250/each 5C-12-1A thru 1E............. 1,500/each 5C-12-3A..................... 1,550 5F-1-2A & 2B................. 1,285/each 5F-1-2C................. 1,200 5F-1-2D thru 2F.............. 1,300/each The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve 1114. 82-41-1114-1750 (20) *Grant agreement located in file Consider a resolution authorizing the Mayor to sign a Funding Agreement with the Department of Housing and Urban Renewal for the 1982-83 Grant Year. Resolution No. 1130 The proposed funding agreement is for the 1982-83 CDBG Program and the application is then approved in the amount of $2,950,000. HUD only stipulated one condition, stipulated for all cities this year, and that is when the new CD regulations are approved by Congress, if they are different from the interim regulations under this grant, the City will change the program to comply with the new regulations. For the first time, the Grant also states that the grantee (the City) is responsible for adherance to the agreement by sub -contractors or other designated public agencies functioning under this assistance: The stated amount will be used in the following programs: NEIGHBORHOOD REHABILITATION: Residential Rehabilitation $418,450 Arnett -Benson Revitalization 511,650 Phyllis Wheatley Redevelopment 347,000 Posey Revitalization 92,900 Weatherization Program 35,000 Cherry Point Rehabilitation 75,000 Paint Up Program 10,000 Emergency Repair Program 15,000 Intensified Code Enforcement -Morrow -Puckett 10,000 Urban Renewal Administration 227,100 COMMUNITY FACILITIES & SERVICES: Mae Simmons Senior Citizens Center $192,000 Copper Rawlings Renovation 39,500 Hearing Impaired Printer/Police & Fire Dept. 1,400 PARK IMPROVEMENTS: Softball Fields - Mackenzie Park $ 78,000 Mackenzie Park Buildings Improvements 18,000 Hollins Park Upgrade 15,000 South Overton Park Land Acquisition 105,000 PUBLIC FACILITIES: Street Paving E. 19th $145,000 Street Lighting - Yellowhouse Canyon 2,000 Sewer System - Yellowhouse Canyon 93,000 CODE ENFORCEMENT $227,000 C.D. PROGRAM ADMINISTRATION 97,000 INDIRECT COST REIMBURSEMENT 50,000 CONTINGENCY 100,000 The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution 1130 authorizing the funding agreement for the 1982-83 CDBG, said funds to be used on the work programs listed above. Motion carried: 4 Yeas; 0 Nays; JMS:da RESOLUTION No. 1130 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR FUNDING ASSISTANCE FOR THE FISCAL 1982 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND AUTHORIZING THE MAYOR TO EXECUTE ANY OTHER DOCUMENTS OR INSTRUMENTS NECESSARY TO IMPLEMENT THE ACTIVITIES APPROVED IN THE FUNDING APPROVAL. WHEREAS, the Department of Housing and Urban Development has approved the 1982- 83 Annual Application for Community Development Block Grant submitted by the City of Lubbock pursuant to Title I of the Community Development Act of 1974, Public Law 93- 383; and WHEREAS, the Department of Housing and Urban Development has awarded a grant to the City of Lubbock in the amount of $2,905,000 under the Fiscal Year 1982 Community Development Block Grant Program for the program period beginning June 1, 1982; and WHEREAS, the City of Lubbock is required to make certain assurances and certifi- cations with respect to such grant and to accept responsibility for adherence to the Agreement by subrecipient entities or designated public agencies to which it makes funding assistance available; and WHEREAS, the City Council has determined that participation in the Community Development Block Grant Program will be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: JUN, 40, A M7 1115. funding assistance for the Fiscal 1982 Community Development Block Grant Program under Title I of the Housing and Community Development Act of 1974, which Agreement, attached herewith, 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. 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 any other documents or instruments necessary to implement the activities approved in the Funding Approval. Passed by the City Council this 24th day of ATTEST: June ISI Bill McAlister BILL McALISTER, MAYOR ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Richard Mays Richard Mays, Community Development Coordinator APPROVED AS TO FORM: /S/ Joan M. Sherwin Joan M. Sherwin, Asst. City Attorney 1982. 82-41,-1115-1751 Consider a resolution authorizing the Mayor to file a grant application and execute (21) a contract for a Technical Study Grant for FY 1982-83 under Section 8, Urban Mass *Background information Transportation Act. located in file Resolution No. 1131 This authorizes the City to apply for a Technical Study Grant to be used for transit planning for 1982-83. The proposed grant is in the amount of $45,000; $36,000 of which will be used for federal funds, and $9,000 of which will be the City's portion. The planned activities involved in the grant will include establishing a fare policy and developing that program; maintenance and development of a program for the handi- capped and elderly; developing an emergency plan as relating to an energy resource tool; develop a plan of action for a 5-year financial service phasing out of the federal operating assistance monies and developing an on-going.monitoring task of data collections. The motion was. made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution 1131 authorizing the grant application referenced above. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. DGV:mck RESOLUTION NO. 1131 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANS- PORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of the project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964., as Amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation require- ments thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construciton contracts, supplies, equipment, contracts, or consultant and other services; and WHEREAS, the City Council has determined that it would be in the best interest to authorize the City of Lubbock to participate with the Urban Mass Transportation Administration of the U.S. Department of Transportation in the update and revision of past Transit Studies, and to apply for assistance for such study from UMTA; NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor is hereby authorized to make application for a Technical Studies Grant from UMTA with the Steering Committee (Metropolitan Planning Organization) of Lubbock Urban Transportation Study, being the designated planning agency; and THAT the Mayor of the City of Lubbock, BE and is hereby authorized and directed to execute an Agreement with the United States of America, acting through the Urban Mass Transportation Administration, in the event the Grant is approved; and THE City of Lubbock does hereby agree to provide matching funds for such Tech- nical Studies which shall be in an amount not to exceed Nine Thousand Dollars ($9,000.00). Such matching funds shall be in cash or in -kind services. UMTA funds will not exceed Thirty -Six Thousand Dollars ($36,000.00). SECTION 2. THAT the Mayor is authorized to execute and file with such application an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. SECTION 3. THAT the Mayor is authorized to furnish such additional infor- mation as the U.S Department of Transportation may require in connection with the application of the project. SECTION 4. THAT the Mayor is authorized to set forth and execute affirma- tive minority business policies in connection with the project's procurement needs. Passed by the City Council this 24th day of ATTEST: June ISI Bill McAlister BILL McALISTER, MAYOR /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ John L. Wilson John L. Wilson, Transit Coordinator APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 1982. 82-41.-1116-1752 Consider a resolution authorizing the Mayor to execute a contract with Transit (22) Management Company of Lubbock and Texas Tech University for campus bus service. At the 8:30 Work Session, Council queried as to whether or not the contract with Texas Tech included all of the direct costs related to this service and, additionally, he questioned the 18-year depreciation plan for the buses which seemed most unrealis- tic. Apparently, the administrative costs included the management personnel costs only and did not include the city personnel per se and their positions, even though minimal, should be included. At the Regular Session, the motion was made by Councilwoman Baker to hold any action on this item and refer it back to the staff for additional study and calculation to include all administrative costs (transit management as well as City personnel), to reconsider the depreciation statistics to be more realistic and to indicate some provision for the replacement of the buses when the federal monies have expired. Said revision to the contract to be considered at the July 8, 1982 Regular Meeting. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. 82-41 -1116-1753 Consider a resolution accepting paving improvements on the 1978 Assessment Paving (23) Program (GWO 10,956 -- Alleys) (Lubbock Asphalt Products, Inc., and Contractor). *Consolidated Final Estimates located Resolution No. 1133 in file The alley paving improvements are located east of North Toledo Avenue and were a part of the 1978 Assessment Paving Program. However, at the time that this matter was considered, this particular lot (No. 22, La Fiesta Estates) had a drainage problem and the stipulation at that time was that there would be no improvements constructed until this problem was corrected. The contracter completed all other alleys on the project in May, 1979. On December 5, 1980, Texas Tech granted the drainage easement and subsequently, the contracter paved the alley involved thus completing the total project. The majority of the utilities in the alley had to be relocated or lowered and this work was completed in November, 1981. JUN JCR:mck RESOLUTION NO. 1133 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with Lubbock Asphalt Products, Inc. (G.W.O. 10,9.56 - Alleys) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: The North -South alley East of North Toledo Avenue from its intersection with the North property line of Lot 22, LaFiesta Estates Addition to its intersection with the South Property line of the alley South of Amherst Street, known and designated as Sub -Unit Number 61 of Unit Number A-460. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract G.W.O. 10,956 - Alleys. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of'the abovementioned alleys, streets, and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. That the Mayor and City Secretary be, and, they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of proper . ty abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and. the proceedings with reference to said improvements and assessments where such assessments were levied. III. The resolution shall take effect and be in force from and after its passage. PASSED ANDAPPROVEDTHIS 24TH DAY OFJUNE, 1982. ISI Bill McAlister ATTEST: BILL McALISTER, MAYOR ISI Evelyn Gaffga. Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Don Jennings Don Jennings, City Engineer /S/ -John C. Ross John C. Ross, Jr., City Attorney 82-41 -1117-1754 Consider a resolution accepting,improvements on the 1981 Street Maintenance Seal (24) Coat Program (GWO 3285) (W. D. Turner Construction Co., contractor). Resolution No. 1134 This is a routine acceptance of the work completed. JCR:mck RESOLUTION NO. 1134 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: WHEREAS, the City of Lubbock awarded a contract June 18, 1981, authorizing the construction of street maintenance improvements by W. D. Turner Construction Company on a portion of the following: Maintenance Seal Coat on City Streets (G.W.O. 3285) AND WHEREAS, the improvements upon the said portion of city streets have been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portion of City Streets be, and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the final payment to the Contractor in the amount of $26,017.80. 1118. NEMEMS IT. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 24TH DAY OF JUNE, 1982. /S/ 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: ISI John C. Ross John Ross, Jr., City Attorney The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution 1133 accepting the paving improvements on the 1978 Assessment Paving Program and to pass Resolution 1134 accepting the improvements of the 1981 Street Maintenance Seal Coat Program. Motion carried: 4 Yeas, 0 Nays; Councilman Aderton absent. 82-41 -1118-1755 Consider a resolution accepting water and sewer improvements in Liberty Village (25) Addition (Lots 1-55, Tract A). Resolution No. 1135 JCR:cl RESOLUTION NO. 1135 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THROUGH 55, TRACT A, LIBERTY VILLAGE ADDITION. WHEREAS, the developer of Lots 1 through 55, Tract A, Liberty Village Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $8,241.50 with the improve- ments constructed by Panhandle Construction Co., having a value of $4,763.62 as determined by the unit prices established by said Chapter 34, and $3,709.60 cash paid to the City, with 70th and Indiana Inc., the developer, to receive a refund of deposit in the amount of $231.72, and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That a refund of deposit be made in the amount of $231.72. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24th day of ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer June , 1982. /S/ Bill McAlister BILL McALISTER, MAYOR APPROVED AS TO CONTENT: /S/ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer JUN 2 4 19U I The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Resolution 1135 accepting the referenced water and sewer improvements in Liberty Village Addition. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. 82-41,-1119-1756 Consider a revision to Ordinance 8160 regulating parades, demonstrations and (26) recreational street uses. *Amends Ord. 8160 (3-12-81) Ordinance No. 8338 This ordinance amends Ordinance 81.60 regulating parades, demonstrations, and recrea- tional street uses and the amendment eliminates any problems in the definition of a demonstration held on property other than City -owned or city -used areas thus elimin- ating the supression of the first amendment provision. This was precipitated by the MX Action Group who wished to demonstrate on the right-of-way and hand out handbills in support of their cause recently. They objected to having to get a permit to do this since they were not using a city street and they objected to the permit fee of $15 and requested -a refund of the same. The proposed ordinance stipulates the areas onwhich a permit is required involving traffic flow and the need of security officers or traffic officers, the time frame on which an application must be made for such uses; that charitable or for-ptofit private organizations will need to provide their own security officers and absorb those costs involved. The main thrust of the amendment is to eliminate any problem concerning suppression of first amendment rights. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance 8338 on the first reading,. Motion carried: 4 Yeas; O.Nays; Councilman Aderton absent. DGV:da ORDINANCE NO. 8338 AN ORDINANCE AMENDING SECTION 18-3 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, PERTAINING TO PARADES, DEMONSTRATIONS AND RECREATIONAL STREET USES: PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE: AND PROVIDING FOR PUBLICATION. 82-41 -1119-1757 Consider resolution authorizing the Mayor to execute a land lease agreement at the (27) airport with Bush Hog -Continental Gin Division, Allied Products Corp. Resolution No. 1136 Bush -Hog is requesting a lease of land at the International Airport for their manu- facturing and storage operation; it involves 263,250 square feet. The lease is for a five (5) year term with a five (5) year renewal option at the current rate of 6.0 per square foot with an annual adjustment. The total land grant is a total of $17,901. The Airport Board has approved this request. JMS: da I RESOLUTION NO. 1136 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 Non -Aeronautical Lease Agreement between the City of Lubbock and Bush Hog/Continental Gin Division, Allied Products Corporation, 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 24th day of June 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer /S/ Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: ISI Joan Sherwin Joan Sherwin, Assistant City Attorney 1120. JUN 2 4119182 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § NON -AERONAUTICAL LEASE AGREEMENT THIS AGREEMENT, entered into at Lubbock, Texas, by and between the CITY OF LUBBOCK, hereinafter referred to as "LESSOR", and BUSH HOG/CONTINENTAL GIN DIVISION, ALLIED PRODUCTS CORPORATION, 10 South Riverside Plaza, Chicago, Illinois 60606, a Delaware Corporation, hereinafter referred to as "LESSEE", Witnesseth: WHEREAS; LESSOR owns and operates a public airport designated as LUBBOCK INTERNATIONAL, AIRPORT herein called "AIRPORT", and WHEREAS, the LESSEE desires to use the following described tracts of land for the purpose of operating a storage and manufacturing enterprise; and ARTICLE I NOW THEREFORE, for and in consideration of the covenants and conditions herein contained and other valuable consideration the LESSOR authorizes the LESSEE to exercise the rights, powers and privileges hereinafter set forth and does hereby lease to the LESSEE the premises hereinafter described and being: Tract A and Tract B located in the Industrial Section, Lubbock International Airport, Lubbock County, Texas. Tract A is more specifically described as A parcel of land out of Section 2, Block D-3, Lubbock County, Texas, beginning at a point which is the intersection of the North right-of-way line of 9th Street and the West right-of-way line of Avenue 'T", in the Industrial Section of Lubbock International Airport, which is the southeast corner of this tract; THENCE generally north along the West right-of-way line of Avenue 'T' for a distance of 575 ft. to its intersection of the South right-of-way line of 8th Street for the northeast corner of this tract; THENCE generally West 390' along the South right-of-way line of 8th Street to its intersection of the East right-of-way line of Avenue "G" for the northwest corner of this tract; THENCE generally South 575 ft. along the East right-of-way line of Avenue "G" to its intersection with the North right-of-way line of 9th Street for the southwest corner of this tract; THENCE generally East along the North right-of-way line of 9th Street for a distance of 390' to the intersection of the North right-of- way line of 9th Street and the West right-of-way line of Avenue 'T", the place of beginning, containing 224,250 sq. ft. more or less. Tract B is more specifically described as A parcel of land out of Section 2, Block D-3, Lubbock County, Texas, beginning at a point which is the intersection of the South right-of-way line of Ninth Street and the West right-of-way line of Avenue 'T' in the Industrial Section of Lubbock International Airport, which is the northeast corner of this tract; THENCE South along the West right-of-way line of Avenue "F" for a distance of 100 ft. to a point which is the southeast corner of this tract; THENCE gener- ally West on a line parallel to the South right-of-way line of Ninth Street for a distance of 390 ft. to a point which is the southwest corner of this tract; THENCE generally. North for a distance of 100 ft. to the South right-of-way line of Ninth Street at a point at which the South right-of-way line of Ninth Street would intersect an extension of the East right-of-way line of Avenue "G" for the northwest corner of this tract; THENCE generally East for a distance of 390' along the South right-of-way line of Ninth Street to its intersection with the West right-of-way line of Avenue 'T', the place of beginning, containing 39,000 sq. ft. more or less. The original term of this agreement shall be for a period of 5 years, commencing upon March 1, 1982 and ending February 28, 1987. LESSEE shall have the option to extend this agreement for one five (5) year period. Such option must be exercised in writing at least ninety (90) days prior to expiration date of the original term. If the LESSEE desires to exercise said option, the rental rate shall be in accordance with the calculations as set forth herein plus CPI Index Increases. As consideration for the option rights granted under this lease, LESSEE agrees that upon exercising its option to extend this lease agreement for one five (5) year JOIN 4 1i8l 1121. III, Paragraph six. ARTICLE II In consideration of the rights and privileges herein granted, LESSEE shall pay to the LESSOR a ground rental for 224,250 square feet in Tract A at the rate of $.068 per square foot per year or FIFTEEN THOUSAND TWO HUNDRED FORTY NINE DOLLARS ($15,249.00) per year and a ground rental for 39,000 square feet in Tract B at the rate of $.068 per square foot per year or TWO THOUSAND SIX HUNDRED FIFTY TWO DOLLARS ($2,652.00) per year, commencing on March 1, 1982; LESSEE shall pay to LESSOR the rents set forth herein in monthly payments in advance by the tenth day of each month, such monthly payments being ONE THOUSAND TWO HUNDRED SEVENTY DOLLARS and SEVENTY FIVE CENTS ($1,270.75) for Tract A and TWO HUNDRED TWENTY ONE DOLLARS ($221.00) for Tract B. The parties heretomutuallyagree that the rental rates set forth above shall be adjusted upward or downward for each ensuing,year beginning January 1, 1983 in direct proportion to the fluctuation of 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, 1982 shall be construed as the base period. ARTICLE III This lease is granted subject to the following provisions and conditions: 1. The lease herein granted is subject to any and all applicable laws, ordinances, rules and regulations pertaining to the Lubbock Airport. 2. LESSOR reserves the right to take any action it considers necessary to protect the aerial.approaches of the Airport against obstruction, together with the right to prevent LESSEE from erecting or permitting to be erected any building or other structure on the Airport which in the opinion of LESSOR would limit the useful- ness of the Airport or constitute a hazard to aircraft. 3. During the time of war or national emergency the LESSOR shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly owned air navigation facilities, and other area or facilities of the Airport. And if any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the agreement with the Government,,shall be suspended. 4. 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. 5. All.rig,hts, privileges and interests acquired herein by LESSEE at the option of the LESSOR, following written notice of thirty (30) days, maybe suspended if such suspension 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 develop- ment and provisions of aeronautical operations thereon. 6. LESSEE agrees that upon exercising its option to renew this lease for an 1122 be constructed out of such materials as are suitable asthetically, economically and structurally, as Lessor and Lessee shall agree, between any area used as outside storage and the streets adjacent to the leased premises. Prior to commencing const tion of said screening fence, LESSEE shall secure the written approval of LESSOR as to the design and exact location of said fence. 7. The LESSEE shall not make, permit, or suffer any subsequent additions, improvements or alterations to the property without prior written consent of the LESSOR. Any such additions, improvements or alterations made with the consent of the LESSOR shall be solely at the expense of the LESSEE and unless such consent provides specifically that title to the addition or improvements so made shall vest in the LESSEE, title thereto shall at all times remain in the LESSOR and such addi- tions or improvements shall be subject to all terms and conditions of this instru- ment. The LESSEE agrees to hold the LESSOR harmless from mechanic's and materialman's liens arising from any additions, improvements, repairs or alterations effected by the LESSEE. It is hereby acknowledged that title to the buildings and structures currently located on the property as of this date is vested in, and shall remain vested in, Lessee, and said buildings may may be removed by the Lessee at the expira- tion or termination of this lease agreement; provided, however, that Lessee is not in arrears in any rental or utility payments, to the Lessor, and provided further, that the Lesses shall restore the premises to the same condition existing at the commencement of this lease, normal wear and tear and damage by the elements excepted. 8. The LESSOR, acting by and through the Director of Aviation, or other designated representative shall have the right to inspect the property at all reasonable times during the term of this lease. 9. The LESSEE agrees that it will at all times during the term of this lease maintain in good and serviceable condition all land, improvements, facilities and equipment included herein, ordinary wear and tear excepted, such maintenance to be the sole responsibility and obligation of the LESSEE. 10, Except as provided herein, any property of the LESSOR, or for which the CITY OF LUBBOCK may be responsible, which is damaged or destroyed incident to the exercise of the privileges herein granted shall be properly repaired or replaced by the LESSEE to the satisfaction of the LESSOR and its authorized representatives, or in lieu of such repair or replacement, the LESSEE shall, if so required by the LESSOR, pay to the LESSOR money in any amount deemed sufficient by the LESSOR to compensate for the loss sustained by the LESSOR by reason of the loss of, damage to, or destruction of such property. 11. The LESSEE agrees to indemnify, defend and forever save the LESSOR, its authorized agents, representatives and employees, harmless from and against any and all penalties, liability, annoyances, or loss resulting from claims or court action of any nature arising directly or indirectly out of any acts or omissions of the LESSEE, its agents, servants, guests, employees or business,visitors under this agreement. 12. The LESSEE shall maintain at all. times, at its sole expense, insurance with an insurance underwriter acceptable to the LESSOR and from one authorized to do JUN ?, � JUN 2 4 bK insurance coverage shall be not less than FIFTY THOUSAND DOLLARS ($50,000) for property damage as a result of any one event, or less than ONE HUNDRED THOUSAND DOLLARS ($100,000) for personal injury or death of any one person in any one event; or less than THREE HUNDRED THOUSAND DOLLARS ($300,000) for personal injury or death of two or more persons in any one event. Certificates of insurance or other satis- factory evidence shall be.filed with the City Secretary prior to entry upon the premises by the'LESSEE. Each policy shall name the LESSOR, CITY OF LUBBOCK, as an additional insured as its interest may appear. Each policy shall provide "It is agreed that insurer shall,noti.fy the CITY OF LUBBOCK, TEXAS, of any alteration, renewal or cancellation of this policy and that this policy shall remain in full. force and effect until ten (10) days after such notice is received by the Director of Aviation. 13. LESSEE shall. furnish to the LESSOR satisfactory evidence that it carries Workmen's Compensation Insurance in accordance with the laws of the State of Texas. 14. The LESSEE shall assume responsibility for the payment of all. taxes and assessments and public utility charges becoming due on the property from the date of execution of this agreement. The LESSEE agrees to pay all claims or damages for or on account of water, lights, heat, power, sewage disposal, and any other services or utilities furnished to or with respect to the property or any part thereof. The LESSOR does not guarantee to furnish utilities or utility services in the future. In the event utility service is not furnished for reasons other than repair or installation of lines or non-payment of charges, LESSEE shall have the option to cancel this lease upon thirty days notice to the LESSOR. 15. Within 30 days following the date of expiration or termination of this agreement, the LESSEE shall as required by the LESSOR, vacate said premises, remove all. property of the LESSEE and restore the land, improvements, facilities and equip- ment included herein to as good condition on such date of expiration or termination as when received, ordinary wear and tear excepted. If the LESSEE shall fail or neglect to remove said property and so restore the land, improvements, facilities and equipment included herein, within 30 days of said expiration or termination, then at the option of the LESSOR said property shall either become the property of the LESSOR without compensation therefor or the LESSOR may cause the property to be removed, the land, improvements, facilities and equipment included herein to be restored at the expense of the LESSEE and no claim for damages against the LESSOR or its officers, agents, or employees shall be created or made on account of such removal and restoration. 16. The LESSEE, its agents and employees will not discriminate against any person or class of persons by reason of 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 by 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 given by the CITY OF LUBBOCK. LESSEE agrees to not discriminate against any employee or applicant for employ- 1124. are tested during employment without regard to their race, creed, color, sex 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. The 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 or her 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 the LESSEE. 17. The LESSEE warrants that it has not employed any person employed by the LESSOR to solicit or secure this Lease Agreement upon any agreement for a commission, percentage, brokerage, or contingent fee. 18. Except with prior written consent of the LESSOR the LESSEE shall not sublet any part of the premises or assign the license or any of its rights hereunder. 19. The failure of the LESSOR to insist in any one or more instance upon performance of any of the terms or conditions of this lease shall not be construed as a waiver or relinquishment of the future performance of any such term or condi- tions but the LESSEE'S obligation with respect to such future performance shall continue in full force and effect. 20. The obligation of the LESSEE to maintain the property to the satisfaction of the LESSOR or its representative and to restore the same to its present condition shall extend not only to the property hereinabove described but to the adjacent streets and roadways used for ingress and egress to said property, except for ordin- ary wear and tear occasioned by normal and customary uses. 211. LE,S,SEE shall provide 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 the operation of its business at its sole expense. 22. LESSEE agrees that the LESSOR shall have, and it hereby grants the LESSOR alien on all LESSEE'S property of whatsoever nature placed in or upon the premises, to guarantee the payment of any and all arrearages. 23. In the event LESSEE remains in possession of the Leased Premises after the expiration of this Lease Agreement without any written renewal or extension of this Lease, such holding over shall not be deemed as a renewal or extension of this Lease, but shall create only a tenancy from day to day which may be terminated at any time by LESSOR. ARTICLE IV This agreement is subject to termination for the reasons set forth below, provided that 30 days written notice is given to the non -terminating party. The LESSEE may terminate upon the happening of any of the following: 1. The permanent abandonment of the Airport as an air terminal. 2. The issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Airport and the remaining in force of such injunction for at least thirty (30) days. JUN 9, 4 1,987 . J1,25. the LESSOR to remedy such breach for a period of sixty (60) days after written notice from the LESSEE of the existence of such breach. 4. The assumption by the United States Government, or any authorized agency of same, of the operation, control or use of the Airport and its facilities in such a manner as -to substantially restrict the LESSEE from operating under the terms of this agreement, if such restriction is to continue or has continued for a period of three (3) months or more. The LESSOR may terminate upon the happening of any of the following: 1. If the LESSEE shall file a.voluntary petition of bankruptcy; or, if the proceedings in bankruptcy shall be instituted against it and it is thereafter adjudi- cated a bankrupt pursuant to such proceedings; or if a court shall take jurisdiction of LESSEE and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a receiver for'LESSEE'S assets is appointed; or if LESSEE shall be divested of its rights, powers and privileges under this agreement by other operationof law. 2. If the LESSEE shall abandon and discontinue operations under this agreement. 3. If the LESSEE shall default in or fail to make any payments at the time and in the amounts as required of it under this Agreement. 4. If the LESSEE shall fail to perform, keep and observe all of the covenants and conditions contained in this agreement to be performed, kept and observed by it. 5. If the LESSEE shall.fail to abide by all applicable laws, ordinances and rules and regulations of the United States, State of Texas, City of Lubbock, or Director of Aviation of the City'of Lubbock. 6. If LESSOR, acting in good faith, finds termination of the rights, privi- leges and interests of LESSEE acquired under this Lease to be necessary to secure Federal Financial aid for the development of the Airport, or further development and provisions of aeronautical operations thereon. ARTICLE V 1. Notices to the LESSOR required or appropriate under this lease shall be deemed sufficient if in writing and mailed by registered mail with postage prepaid to the Director of Aviation, Lubbock International Airport, Route 3, Box 201, Lubbock, Texas 79401. Notices to the LESSEE required or appropriate under this lease shall be deemed sufficient if in writing and mailed by registered mail with postage prepaid to BUSH HOG/CONTINENTAL GIN DIVISION, Allied Products Corporation, 10 S. Riverside Plaza #2100,..Chicago, IL 60606 ATTN: Law Department 2. LESSEE'S registered agent for service of legal process in the State of Texas is, Prentice -Hall Corporati6n.:System Inc. Such registered agent may be served at LESSEE'S registered office at Littlefiedl Building, Austin, Texas 78701 3. Should LESSOR institute legal action to collect rentals due under this lease agreement or damages for breach of any covenant made herein, a reasonable sum shall be added to the amount of recovery for attorney's fees together with all costs of court. 1126 between the parties which pertain to the property described herein are hereby declared null and void. CITY OF LUBBOCK, TEXAS BY: /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: ISI Joan Sherwin Joan Sherwin, Assistant City Attorney LESSEE: Allied Products Corporation BY: Richard J. Miller TITLE: Executive VP 6/2/82 ATTEST: Martin E. Dapier Asst. Secretary 82-41 -1126-1758 Consider resolution authorizing the Mayor to execute a land lease agreement at the (28) airport with Southwest Airlines for fuel storage. Resolution No. 1137 Southwest Airlines requested a land lease of a parcel for three (3) underground fuel storage tanks. This lease was actually approved in 1979, but when the documents were sent to the Southwest Airlines officials, they were either lost or misplaced and the contract itself was never executed. The lease covers for the period June 1, 1979 through May 31, 1983 at a base rental of $527.93 per year which will be escalated to the current rate of $600.00 per year. The Airport Board recommends this request. JMS:mck RESOLUTION NO. 1137 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 Non -Aeronautical Lease Agree- ment between the City of Lubbock and Southwest Airlines, 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 24th day of_ June 1982. /S/ 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 AnnnnTT'rT*1 A Mn vnnm. 1127. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § NON -AERONAUTICAL LEASE AGREEMENT THIS AGREEMENT, entered into at Lubbock, Texas, by and between the CITY OF LUBBOCK, hereinafter referred to as "LESSOR", and SOUTHWEST AIRLINES, INC., 1820 REGAL ROW, DALLAS, TEXAS, 75235, a Texas Corporati hereinafter referred to as "LESSEE", Witnesseth: WHEREAS, LESSOR owns and operates a public airport designated as LUBBOCK INTERNATIONAL AIRPORT herein called "AIRPORT", and WHEREAS, the LESSEE desires to use the following described tract of land for the purpose of operating a tank farm for jet fuel; and ARTICLE I NOW THEREFORE, for and in consideration of the covenants and condi- tions herein contained and other valuable consideration the LESSOR authorizes the LESSEE to exercise the rights, powers andprivileges 'Hereinafter set forth and does hereby.lease to the LESSEE the premises hereinafter described and being: A tract of land located on the East Ramp of the Lubbock Internatio Airport, Lubbock County, Texas, containing approximately 10,774 square feet, upon which are situated three 12,000 gallon tanks and .a small electrical control building which are LESSEE'S property. The'term of this lease shall be for a period of 4 years, commencing upon June 1, 1979 and ending May 31, 1983. ARTICLE II In consideration of the rights and privileges herein granted, LESSEE shall pay to the LESSOR a ground rental for 10,774 square feet at the rate of $.049 per.square foot per year or•FIVE HUNDRED TWENTY-SEVEN AND 93/100 DOLLARS ($527.93) per year commencing on June 1, 1979, and thereafter payable annually in advance on January.1st of each year. Rental for the first and last year of the term shall be prorated and paid in advance. The parties hereto mutually agree that the rental rates set forth above shall be adjusted upward or downward for each ensuing year begin- ning January 1, 1980 in direct proportion to the fluctuation of 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, 1979 shall be construed as the base period. ARTICLE III This lease is granted subject to the following provisions and conditions: 1. The lease herein granted is subject to any and all applicable laws, ordinances, rules and regulations pertaining to the Lubbock International,Airport. 2. LESSOR reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against ob- struction, together with the right to prevent LESSEE from erecting or permitting to,be erected any building or other structure on the Airport which in the opinion of LESSOR would. limit the usefulness of the Airport or constitute a hazard to aircraft. 3. During the time of war or national emergency the LESSOR shall have the,rigbt to enter into an agreement with the United States Govern- ment for military or naval use of part or all of the landing area, the publicly owned air navigation facilities, and other area or facilities of the Airport. If anysuch agreement is executed, the provisions of this instrument, insofar as'they are inconsistent with the provisions of the agreement with the Government, shall be suspended. 4. 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. 5. All rights, privileges and interests acquired herein by LESSEE at the option of the LESSOR, following written notice of thirty (30) days, may be suspended if such suspension is found by the LESSOR, acting 1128. 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. 6. The LESSEE shall not make, permit, or suffer any additions, improvement or alterations to the propertywithout prior written consent of the LESSOR. Any such additions, improvements or alterations made with the consent of the LESSOR shall be solely at the expense of the LESSEEandunless such consent provides specifically that title to the addition or improvements so made shall vest in the LESSEE, title thereto shall at all times remain in the LESSOR and such additions or improvements shall be subiect to all terms and conditions of this instrument. The LESSEE agrees to hold the LESSOR harmless from mechanic's and materialman's liens arising from any additions, improvements, repairs or alterations effected by the LESSEE. 7. The LESSOR, acting by and through the Director of Aviation, or other designated representative shall have the right to inspect the propertyat all reasonable times during the term of this lease. 8. The LESSEE agrees that it will at all times during the term of this lease maintain in good and serviceable condition all land, improve- ments, facilities and equipment included herein, ordinary wear and tear excepted, such maintenance to be the sole responsibility and obligation of the LESSEE. 9. Except as provided herein, any property of the LESSOR, or any property for which the CITY OF LUBBOCK may be responsible, which is damaged or destroyed incident to the exercise of the privileges herein granted shall be properly repaired or replaced by -the LESSEE to the satisfaction of the LESSOR and its authorized representatives, or in lieu of such repair or replacement, the LESSEE shall, if so required by the LESSOR, pay to the LESSOR. money in any amount deemed sufficient by the LESSOR to compensate for the loss sustained by the LESSOR by reason of the loss of, damage to, or destruction of such property. 10. The LESSEE agrees to indemnify, defend and forever save the LESSOR, its authorized agents, representatives and employees, harmless from and against any and all penalties, liability, annoyances, expense, or loss, including attroney's fees, resulting from claims or court action of any nature arising directly or indirectly out of any acts or omissions of the LESSEE, its agents, servants, guests, employees or business visitors under this agreement. 11. The LESSEE shall maintain at all times, at its sole expense, insurance with an insurance underwriter authorized to do business in the State of Texas and acceptable to the LESSOR, against claims 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 DOLLARS ($50,000) for property damage as a result of any one event, or less than ONE HUNDRED THOUSAND DOLLARS ($100,000) for personal injury or'death of any one person in any one event; or.less than THREE HUNDRED THOUSAND DOLLARS ($300,000) for personal injury or death of two or more persons in any one event. . Certificates of insurance or other satisfactory evidence shall be filed with the City Secretary within thirty days after the execution of this Lease Agreement. Each ,policy shall name the LESSOR, CITY OF LUBBOCK, as an additional insured as its interest may appear. Each policy shall provide "It is agreed that insurer shall notify the CITY OF LUBBOCK, TEXAS, of any alteration, renewal or cancellation of this policy and that this policy shall remain in full force and effect until ten (10) days after such notice is received by the Director of Aviation. 12. LESSEE shall furnish to the LESSOR satisfactory evidence that it carries Workmen's Compensation Insurance in accordance with the laws of the State of Texas. 13. The LESSEE shall assume responsibility for the payment of all taxes and assessments and public utility charges becoming due on the property from the date of LESSEE'S entry upon the premises. The LESSEE agrees to pay all claims or damages for or on account of water, lights, heat, power, sewage disposal, and any other services or utilities furn- ished to or with respect to the property or any part thereof. The LESSOR does not guarantee to furnish utilities or utility services in the future. In the event utility service is not furnished for reasons other than repair or installation of lines or non-payment of charges, LESSEE shall have the option to cancel this lease upon thirty days notice to the LESSOR. 14. Within 30 days following the date of expiration or termination of this lease agreement, the LESSEE shall as required by the LESSOR, vacate said premises, remove all property of the LESSEE and restore the land, improvements, facilities and equipment included herein to as good condition on such date of expiration or termination as when received, ordinary wear and tear excepted. If the LESSEE shall fail or neglect to 1129. and equipment included herein, within 30 days of said expiration or termination, then at the option of the LESSOR said property shall either become the property of the LESSOR without compensation therefor or the LESSOR may cause the property to be removed, the land, improvements, facilities and equipment included herein to be restored at the expense of the LESSEE and no claim for damages against the LESSOR or its officers agents, or employees shall be created or made on account of such removal and restoration. 15. The LESSEE, its agents and employees will not discriminate against any person or class of persons by reason of 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 by 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 given by the CITY OF LUBBOCK. LESSEE agrees to not discriminate against any employee or applicant for employment because of race, creed, color, sex 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 race, creed, color, sex 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 compensa- tion,, and selection for training, including apprenticeship. The 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 or her handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimina- tion, including discrimination in employment, under any program or activity of the LESSEE. 16., The LESSEE warrants that it has not employed any person employ- ed by the LESSOR to solicit or secure this Lease Agreement upon any agreement fora commission, percentage, brokerage, or contingent fee. 17. Except with prior written consent of the LESSOR t ' he LESSEE shall not sublet any part of the premises or assign this lease or any of LESSEE'S rights hereunder. 18. The failure of the LESSOR to insist in any one or more instance upon performance of any of the terms or conditions of this lease agreemen shall not be construed'as a waiver or relinquishment of the future performance of any such term or conditions but the,LESSEE'S obligation with respect to such future performance shall continue in full force and effect. 19. The obligation of the LESSEE to maintain the property to the satisfaction of the LESSOR or its representative and to restore the same to its present condition shall extend not only to the property herein - above aescribed.but to the adjacent streets and roadways used for ingress and egress to said property, except for ordinary wear and tear occasioned by normal and customary uses. 20. LESSEE shall provide 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 the operation of its business at its sole expense. 21. LESSEE agrees that the LESSOR shall have, and it hereby grants the LESSOR a lien on all LESSEE'S property of whatsoever nature placed in or upon the'premises, to guarantee the payment of any and all arrearagi 22.. In the event LESSEE remains in possession of the Leased Premis- es after the expiration of this Lease Agreement without any written renewal or extension of this Lease, such holding over shall not be deemed as a renewal or extension of this Lease, but shall create only a tenancy from day to day which may be terminated at any time by LESSOR. ARTICLE IV This agreement is subject to termination for the reasons set forth below, provided that 30 days written notice is given to the non -termina- ting party. The LESSEE may terminate upon the happening of any of the following: 1. The permanent abandonment of the Airport as an air terminal. 2. The issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Airport and the remaining in force of such injunction for at least thirty (30) days. 1130. Jum �, 4 19,9Z conditions of this agreement to be kept, performed and observed by the LESSOR, and the failure of the LESSOR to remedy such breach for a period of sixty (60) days after written notice from the LESSEE of the existence of such breach. 4. The assumption by the United States Government, or any authorized agency of same, of the operation, control or use of the Airport and its facilities in such a manner as to substantially restrict the LESSEE from operating under the terms of this agreement, if such restriction is to continue or has continued for a period of three (3) months or more. The LESSOR may terminate upon the happening of any of the following: 1. If the LESSEE shall file a voluntary petition of bankruptcy; or, if the proceedings in bankruptcy shall be instituted against it and it is thereafter adjudicated a bankrupt pursuant to such proceedings; or if a court shall take jurisdiction of LESSEE and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a receiver for LESSEE'S assets is appointed; or if LESSEE shall be divested of its rights, powers and privileges under this agreement by other operation of law. 2. If the LESSEE shall abandon and discontinue operations under this agreement. 3. If the LESSEE shall default in or fail to make any payments at the time and in the amounts as required of it under this Agreement. 4. If the LESSEE shall fail to perform, keep and observe all of the covenants and conditions contained in this agreement to be performed, kept and observed by it. 5. If the LESSEE shall fail to abide by all applicable laws, ordinances and rules and regulations of the United States, State of Texas, City of Lubbock, or Director of Aviation of the City of Lubbock. . 6. If LESSOR, acting in good faith, finds termination of the rights, privileges and interests of LESSEE acquired under this Lease to be necessary to secure Federal Financial aid for the development of the Airport, or further development and provisions of aeronautical operations thereon. ARTICLE V 1. Notices to the LESSOR required or appropriate under this lease shall be deemed sufficient if in writing and mailed by registered mail with postage prepaid to the Director of Aviation, Lubbock International Airport, Route 3, Box 201, Lubbock, Texas 79401. Notices to the LESSEErequired or appropriate under this lease shall be deemed sufficient if in writing and mailed by registered mail with postage prepaid to SOUTHWEST AIRLINES, INC., 1820 Regal Row, Dallas, Texas, 75235. 2. Should LESSOR institute legal action to collect rentals due under this lease agreement or damages for breach of any covenant made herein, a reasonable sum shall be added to the amount of recovery for attorney's fees together with all costs of court. 3. Both parties hereby agree that this instrument constitutes the final agreement of the parties and that all other previous agreements, leases, and contracts between the parties which pertain to the property described herein are hereby declared null and void. CITY OF LUBBOCK, TEXAS ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: ISI Joan Sherwin Joan Sherwin, Assistant City Attorney BY: /S/ Bill McAlister BILL McALISTER, MAYOR LESSEE: SOUTHWEST AIRLINES, INC. BY: /S/ J.., L. Henning JUN 24 10iV The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution 1136 authorizing the land lease agreement with Bush Hog and to pass Resolution 1137 authorizing the land lease agreement with Southwest Airlines referenced above. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. 82-41 -1131-1759 Consider claims against the City. (29) a. Claim No. 82-C-584 Bobby G. Day $1,275.00 Damage to five (5) one -bedroom apartments by sewerage backup. The motion was made by Councilwoman Baker, seconded by Councilman Brown to DENY the above referenced claim. Motion carried: 4 yeas; 0 nays; Councilman Aderton Absent. 82-41 -1131-1760 Consider Bid #6865 for one fire truck (Fire Dept.). (30) Low Bidder Mack Trucks, Inc. % Bruckner Trucks Sales, Inc. Lubbock. Texas ($99,874.00) 82-41 -1131-1761 Consider Bid #6879 for miscellaneous fire equipment (Fire Dept.). (31) Items 4,9 Hi Plains Apparatus Company Amarillo, Texas Items 5,6,8,13,114,15,16,19, Halprin Fire Ea ' uipment Company 20,24 Los Angeles, California Items 3,7,10,11,23 Thunderbird Sales Corporation'' Alburquerque, New Mexico Items 1,2,12,21,22 Casco Industries Shreveport, Louisiana Items 17,18 Texas Fire Fighter Equipment Co. New Braunfels, Texas 82-41 -1131-1762 Consider Bid #6875 for seven-52' riding trim mowers (Parks & Recreation (32) Dept.). . (Revenue Sharing). Low Bidder Colonial Motor Company Dallas, Texas ($28,490) 827n41Consider Bid #6839 for one diesel farm tractor (Airport). (33) Low Bidder Case Power and Equipment Co. Lubbock, Texas ($9,600) 82-41 -1131--1764 Consider Bid #6883 for chain, sprockets and bearings (Water Reclamation).; (34) Items 1,2,3,4 Envirex, Incorporated Waukesha, Wisconsin 82-41 -1131-1765 Consider Bid #6873 for one traffic controller (Traffic Engineering). (35) Low Bidder Consolidated Traffic Control, Inc� Arlington, Texas ($5,675) 82-41 -1131-1766 Consider Bid #6862 for fuel conversion of twenty pickups (gasoline to (36) propane) (Garage). Low Bidder Gene Messer Ford Lubbock, Texas ($17,700) 82-41 -1131-1767 Consider Bid #6884 for LPG storage facility (Garage). (37) Low Bidder R & W Supply, Inc. Littlefield, Texas ($49,045.28) 1131. 82-41 71131-1768 Consider Bid #6870 for sound _sjstem for Theater at Civic Center, and (38) authorize same (Revenue Sharing). Contract with Balco Sound located in Resolution No. 1138 file Low Bidder Balco Sound, Inc. JUN 2 198 11.32. JMS:mck RESOLUTION NO. 1138 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 Balco Sound, Inc., for equipment and installation of a sound system in the Civic Center Theater as per City of Lubbock Bid No. 6870, which contract, attached herewith; 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 1982. ATTEST: 24th day of June /S/ Bill McAlister BILL McALISTER, MAYOR /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: /S/ Joan Sherwin Joan Sherwin, Assistant City Attorney 82-41.-1132-1769 Consider Bid #6885 for miscellaneous valves and fittings (Water Utilities). (39) - - Low Bidder C & C Mechanical Supply Lubbock, Texas ($7,238.10) The Director of Purchasing Floyd Nesbitt appeared and indicated that all of the above referenced Bids were the low bids and met specifications. Motion was made by Councilwoman Baker,.seconded by Councilman Brown to approve the above referenced bids and to pass Resolution 1138 related to Bid #6870 as stated. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. The attached; publisher's affidavit relates to the following ordinances: Ordinance 8335 (82-41A-1133-1770) Ordinance 8336 (82-41A-1133-1771) Ordinance 8337 (82-41A-1133-1772) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock Coi personally appeared Twi I a Fo I som9 Account Manager of the pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning. Eve being by me duly sworn did depose and say that said newspaper has been published than fifty-two weeks prior to the first insertion of this Le g a I Notice - 354 word-$95.57 No. 564106 at Lubbock County, Texas ed copy of the Notice is a true copy of the original and was Alari-eb- fournal on the following dates: June 89 1982, Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 14th day of June 1982 I 7 i� { J UT4 2 41 8Z 1133. 82-41-1133-1770 _Zone Case No. 2369 - Ordinance No. 8335 (10) Request of Charles Lovell (for Worley Estate) to change Lot 1, Block 2, Robert A. Jones Subdivision, from R-3 to C-4 Zoning District, located at 305 North Avenue U. _Planning and Zoning Commission recommends that this request be approved, subject to the following condition: a. That the parking lot be paved prior to occupancy. In accordance with Notice published in the Lubbock Avalanche -Journal on June 8, 1982, a public hearing was held on the above matter. Proponent: Bill Schwartzenbach for Charles Lovell. This request is for C-4 zoning to allow for a warehousing and repair center of electronic game machines. The area is presently zoned R-3 (apartments) and has previously been a C-4 nonconforming use. The location is within the urban renewal area and was approved by the Urban Renewal Board and Planning and Zoning. Adjacent land uses are: R=1 use in an R-3 zone on the north, M-1 light industrial on the south, east and west. At the P&Z.meeting, there was expressed a need for a screening fence and for paving the existing parking area around the .building prior to occupancy. However, after discussion, the P&Z Commission did not make the screening fence a require- ment but they did stipulate that the paving would be completed prior to occupancy. There being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem. Henry, seconded by Councilwoman Baker to pass Ordinance 8338 on first reading and uphold P&Z with the stated conditions. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. SMH:mck ORDINANCE NO. 8335 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. 2369; CHANGE LOT 1, BLOCK 2, ROBERT A. JONES SUBDIVISION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 TO C-4 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF.THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41-1133-1771 Zone Case No. 2370 - Ordinance 8336 (11) Request of Melvin Harvey (for Oakwood Baptist Church) to change Tract A, Oakwood Addition, from R-1 to A- Zoning District; located at 6002 Avenue U. Planning and Zoning Commission unanimously recommends this request be approved, subject to the following condition: a. That it be limited to church and church related uses. In accordance with Notice published in the Lubbock Avalanche -Journal on June 8, 1982, a public hearing was held on the above matter. Proponent: Melvin Harvey on behalf of Oakwood Baptist Church. The proponent indicated that the facility is located in an R-1 zone as a non -conforming use and they have appeared before the ZBA for each and every request which involved expan- sion, paving of parking lots, and so forth. They have been advised by. the Planning Depart- ment to request a zone change to A-2 to eliminate these repeated requests before ZBA. Adjacent land uses are: an elementary school on the north, a municipal park on the east, and R-1 single-family on the south and west. Avenue U, which is a collector's street, is located at the east side of the property. P&Z unanimously recommends approval of this request. There being no opposition and no discussion, the hearing was closed. Then the motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance 8336 on first reading and uphold P&Z by granting the request. Motion carried: 4 Yeas; 0 nays; Council- man Aderton absent. SMH:mck ORDINANCE NO. 8336 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. 2370; CHANGE TRACT A, OAKWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41-1133-1772 Zone Case No. 2371 - Ordinance No. 8337 (12) Request of Gary Rothwell (for Dewie and Colene Rothwell) to change a tract of land out of Section 29, Block _A-K, from R-1 to R-2 and A-2 Zoning Distrit, located south of 66th Street and from 1320' to 1908' west of Frankford Avenue. 1134. JUN 2,11982 a. That it be limited to church and church related uses on the A-2 tract. In accordance with Notice published in the Lubbock Avalanche -Journal on June 8, 1982, a public hearing was held on the above matter. Proponent: Gary Rothwell This request is for a church and it is near a tier of duplex lots facing the church on the west side of west 66th Street which is still largely undeveloped. Adjacent land uses are: a collector's street (66th) on the north, R-1 single-family across the alley on the south and east, and R-2 (duplex) buffer zone on the west. The church tract will face 66th Street and will back up to single-family residences along the alley that will face into duplexes on the west. There being no opposition and discussion., the hearing was closed. The motion was made by Mayor Pro Tem. Henry, seconded by Councilwoman Baker to pass Ordinance 8337 on the first reading upholding P&Z and granting the request with the stated conditions. Motion carried: 4 yeas; 0 nays; Councilman Aderton absent. SMH:mck ORDINANCE NO. 8337 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. 2371; CHANGE A TRACT OF LAND OUT OF SECTION 29, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 AND A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY.AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The Council recessed at 10:40 a.m. for Executive Session. Publication attached below is in reference to a public hearing on the question of whether -or not to approve an Amended Urban Renewal Plan for the Community Develop- ment Rehabilitation and Redevelopment Area No. 28. 82-41A-1134-1773 I THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock C, personally appeared Twi l a Ea I som+ Account Manager of th pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Ev being by me duly sworn did depose and say that said newspaper has been publishe than fifty-hko weeks prior to the first insertion of this Legal Notice-17E word-S142.56 No, 557985 at Lubbock County. Texa ed copy of the Notice is a true copy 4f th on g1n�. nd wa Avalanche -,Journal on the following dates: June 79 p1 , 2e1+ Account Manager LUBBOCK AVALANCHE -JOURNAL S.)uthwestern Newspapers Corporation Subscribed and sworn to before me this 21s tday of June FORM 58-10 8QNNIE McKEE, NOTARY Wi6LJC >?J AND FOR THE STATE OF TSM My CCMMIWON EXPIRES HpY.10,1984 1982 +hi4 t?ry 7 �4!,y/, 0 J Jun ?, 4 198� . 1.135, I I I I 82-41 -1135-1773 (13) *Publisher's Affidavit is attached, p. 1133. 82-41­1135-1774 (14) *Copy of Amended Urban Renewal Plan located in file Upon reconvening at 1:30 p.m., the Council continued with Item 13. Mayor McAlister and Councilman Aderton were absent from the Chambers. Hold a public hearing on the question of whether or not to approve an Amended Urban _Renewal Plan for the Community Development Rehabilitation and Redevelopment Area No. 28. In accordance with the notice published in the Lubbock Avalanche -Journal onJune 7, June 14, and June 21, a public hearing was held on the above matter. The Director of Planning, Jim Bertram, indicated that as a part of the 8th Year CDBG .Program, the Council approved a project for the Posey. Lakeside East Area (PLE) for the.acquisition of land and for the improvements in connecting the East 19th Street with the Idalou Highway east of Quirt. This involved approximately 10 parcels and will necessitate relocating the residents. It will also necessitate altering the Urban Renewal Plan, changing the parcels to public use and thus necessitate the public hearing in compliance with the law. The residents of the PLEA area are very much in support.of the change for widening East 19th Street. Mr. Bertram indicated that the land uses for this area are multi -family and 19th Street will serve as a,corridor into the downtown area. There being no opposition and no discussion, the public hearing was closed at 1:32 p.m. Consider a resolution approving And adopting an Amended Urban Renewal Plan for Community Development Rehabilitation and Redevelopment Area No. 28. Resolution No. 1139 The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution 1139 adopting the amended Urban Renewal Plan for area 28, as related to the public hearing above. Motion carried: 3 Yeas; 0 Nays; Mayor McAlister absent from the Chambers and Councilman Aderton absent. SMH:mck RESOLUTION NO. 1139 A RESOLUTION APPROVING AND ADOPTING AN AMENDED URBAN RENEWAL PLAN FOR COMMUNITY DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREA NUMBER 28. WHEREAS, an Amended Urban Renewal Plan for Community Development Rehabilitation and Redevelopment Area Number 28, hereinafter set forth as Exhibit A, and made a part hereof, has been reviewed by and approved by the Planning and Zoning Commission of the City of Lubbock and by the Urban Renewal Agency of the City of Lubbock; and WHEREAS, the proposed Amended Urban Renewal Plan conforms to the general plan of development of the City as,a whole and is compatible to the existing and proposed land uses, the thoroughfare plan, and, recreational and community facilities of the area; and WHEREAS, a feasible method exists for the relocation of families or individuals who will be displaced from the Amended Urban Renewal Area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families or individuals; and WHEREAS, the Amended Urban Renewal Plan will afford maximum opportunity consis- tent with the sound needs of the City as a whole, for the rehabilitation or redevelop- ment of the Urban Renewal Area by private enterprise; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Amended Urban Renewal Plan for Community Development Rehabilitation and Redevelopment Area Number 28, designated as Exhibit A which is attached hereto and made a part hereof, be and is hereby approved and adopted. Passed by City Council of the City of Lubbock this 24th day of June., 1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn G ffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Richard Mays Richard Mays, Community Development Coordinator APPROVED AS TO FORM: ISI Susan M. Horton Susan M. Horton, Assistant City Attorney 82-41A-1135-1775 11-1 Consider one appointment to the COMMUNITY SERVICES COMMISSION to fill the term of A. 1136. JUN 2 � 198Z Appointed: Carolyn Matthews 6918 Nashville Dr. (13) 799-2969 Term: Indefinite, pursuant to CSA rules and By -Laws. 82-41 -1136-1776 Consider two appointments to the ELECTRIC UTILITIES BOARD. The terms of Lonnie (41) Hollingsworth and'Betty Wheeler expire 6/30/82. This item was held. 82-41 -1136-1777 Consider one appointment to the HUMAN RELATIONS COMMISSION to fill the unexpired (42) term of il-1-1 Crouch, who has resigned and is moving out of town. His term expires 5/25/83. 82-41 -1136-1778 82-41 -1136-1779 (44) Appointed• Joy Lambert 3414 - 69th Dr. (13) 799-2100 Lubbock National Bank 762-8800 Term: 6/24/82 - 5/25/83 Consider eight appointments to the South Plains Employment and Training Consortium. Appointed: Reg. Albritton 5503 - 37th (14) 796-2877 Lubbock Development Co. 8212 Ithasca #1 (23) 799-4199 W. C. Lewis Cummins Diesel Nancy Bashore Skibell's Don Voorhees Target Stores 8007 Quinton (26) 795-8391 120 SE Loop 289 745-4605 5430 50th St. #38 (10) 799-5450 South Plains Mall 797-3177 3517 - 91st (26) Unlisted 7302 University (23) 745-7579 Leo Padgett 6609 Norwood Ave (26) 792-4010 Padget Construction 2010 Avenue C (01) 747-3126 Helen Payne 2807 - 53rd St. (13) 792-5685 Meth Hosp Sch of Nursing 3615 - 19th 793-4291 Kathy Powell 2201 - 48th St. (14) 793-1863 United Way - business address and phone preferred Carl Moss 5302 - 48th St. (14) 793-1863 Counselor, TX Comm for Blind 3440 Ave H (04) 762-0827 Consider additional appointments to the JUBILEE 75 COMMITTEE. This item was held. The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the above appointments as stated. Motion carried: 3 Yeas; 0 Nays; Mayor McAlister absent from the Chambers and Councilman Aderton absent. There being no further business, the motion was made at 1:35 p.m. to adjourn. The motion was made by Councilman Brown, seconded by Councilwoman Baker to adjourn. Motion carried: 3 Yeas; 0 Nays; Mayor McAlister absent from the Chambers and Councilman Aderton absent. ? �Vz/'�p . Rl BILL McALISTER. MAYOR ATIEST: EVELYN GAF A, 'City Sez/rdt`a-Treasurer READ AND APPROVED THIS 8th DAY OF July 1982. e'l BIfL McA IST MAYOR ATTEST: EVELYN GAF�ZA, (Xity S91Vy- reasur r