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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/12/19829M AUG 12 1982 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING AUGUST 12, 1982 At 8:30 a.m., the Mayor announced that an Executive Session would be held regarding pending litigation and land acquisition. This session will be held in accordance with Section 2, Article 6265-17, V.A.T.S. The City Council of Lubbock, Texas met for its regular meeting Thursday, August 12, 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, Councilwoman Joan Baker, Councilman M. J. Aderton, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None 82-41A-1206-1858 The invocation was given by Sam Wahl, Director of Water Utilities. (1) 82-41A-1206-1859 The Pledge of Allegiance to the Flag was given in unison by those present (2) in the Council Chambers. 82-41A-1206-1860 Approval of Minutes - Regular Meeting, July 22, 1982. (3) The motion was made by Councilman Brown, seconded by Councilman Aderton to approve the minutes as submitted. Motion carried: 5 Yeas, 0 Nays. 82-41A-1206-1861 Board Appointments (4) Joe A. Norris Harry Eastus Bruce Collier, CPA 82-41A-120(6-1862 Proclamations (5) Electric Utilities Board Citizens Traffic Commission Civic Centers Board "Jack and Janis Geddes' Day" - August 12, 1982 Receiving: Jack and Janis Geddes 82-41A--1206-1863 Brett Blakey will appear on behalf of Delta Tau Delta fraternity to (6) request a loudspeaker permit in conjunction with a September 6, 1982 concert. This item was deleted. 82-41A-1206-1864 Phil Hoel, Chairman of the Parks and Recreation Board, will appear to (7) present the following items: 82-41A-1206-1865 a. Consider an ordinance establishing the Lubbock Athletic Board. (7a) Ordinance No. 8350 Mr. Hoel appeared before the Council to make a recommendation for the need to establish the Lubbock Athletic Board. This organization has been in effect informally for several years and their purpose has been to handle various grievances and disciplinary actions regarding players and teams that participate in the Parks and Recreation Athletic Program. In July, 1982, the Parks and Recreation Board approved formalizing such a "board," specifying their duties, responsibilities and the jurisdiction of their authority. The formalization of such an organization would replace the former Lubbock General Athletic and Recreation Association. • 1207 �I 82-41A-1207-1866 (7b) 82-41A-1207-1867 (8) 82-41A-1207-186.8 (9) 82-41A-1207-1869 (10) As proposed by the Parks and Recreation Board, the organization would set various fees, i.e., league fees, protest fees, and appeal fees, and they would act as a board of appeals in this particular area. The decisions of this board would be final and binding. It was the Board's recommendation that the organization consist of five members comprised of one member representing the City Park'Board, one member representing the Texas Tech Athletic Program, and one member representing LISD and Lubbock Christian College Athletic programs and one member at large. The term would be for five years with the initial appointees representing staggered terms. The ensuing discussion by the Council indicated some concern over the creation of another board and queried whether or not they could serve as a subcommittee of the Parks and Recreation Board, meeting on those problems related only to the City Athletic Program; that they process all appeals from players, teams, and league -related matters and their decision as an appeal board being final and binding; that they recommend to the Park Board those matters relating to fees, who in turn make their recommendations to the City Council; and that the appointments would be made by the Council upon the recommendation of the Parks Board. Inresponse to this discussion, Mr. Hoel stated that the Board had not given any thought to this organization serving as a subcommittee, but he felt that there would not be any problem with this. He also concurred with the chain of communication being from the committee to the Parks Board to the City Council, as needed. Following this discussion, and with these statements in mind, the motion was made by Councilwoman Baker, that the organization be designated Lubbock Athletic Committee and that the ordinance reflect that it would serve as a subcommittee to the Parks and Recrea- tion Board; that the membership consist of five members with an athletic background repre- senting the City, Texas Tech, LISD, LCC, and one member at large with the Council making the appointments based upon the recommendation of the Park Board; that they serve as a Board of Appeals to grievances and disputes that occur involving players, teams, leagues, etc., and their decisions be final and binding; and that these adjustments be made before second reading on August 26. The motion as stated was seconded. by Mayor Pro Tem Henry. Motion carried: 5 Yeas, 0 Nays. JMS:js . ORDINANCE NO. 8350 AN ORDINANCE AMENDING CHAPTER 19B OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE II ENTITLED "LUBBOCK ATHLETIC COMMITTEE"; CREATING AND ESTABLISHING A COMMITTEE TO ADOPT AND AMEND RULES AND REGULATIONS GOVERNING ATHLETIC PROGRAMS SPONSORED BY THE CITY OF LUBBOCK PARKS AND RECREATION DEPARTMENT AND TO ACT AS AN APPEALS COMMITTEE IN THE MATTER OF SUSPENSIONS AND OTHER DECISIONS OR ACTIONS MADE OR TAKEN PURSUANT TO SUCH RULES BY THE PARKS AND RECREATION DEPARTMENT. b. Consider recommendation for additional playground equipment in Guadalupe Park. The playground equipment at Guadalupe Park was removed and replaced with new equipment. The park is used extensively and is in need of some additional equipment to meet the demand and volume of usage. Equipment needed is in the form of new swings, climbers, and spring pads, etc. Mr. Hoel indicated that the Parks and Recreation Board would recommend $3.000 from CD Contingency Funds be allocated for this additional equipment. This funding would also enlarge the sand base playground area and modify the irrigation system as well as install two 3-seat swings. The motion was made by Councilwoman Baker, seconded by Councilman Brown to authorize the expenditure from the CD Contingency Funds for the purchase of new playground equipment and modification of the irrigation system at Guadalupe Park. Motion carried: 5 Yeas, 0 Nays. Ordinance No. 8343 An ordinance approving and adopting an amendment to the Urban Renewal Plan for Lubbock Neighborhood Development Program No. Tx-A-14C, Fourth Action Year, Phase II. Ordinance No. 8344 An ordinance changing a tract of land out of Sec. 37, Blk A-K from A-2 to C-2 and C-3 zoning, located north of 40th Street and east of Loop 289, subject to the following rnndifion: 1. That the C-3 tract be limited to two-story office buildings. SMH:js ORDINANCE NO. 8344 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. 1650-B; CHANGE A TRACT OF LAND OUT OF SECTION 37, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM A-2 TO C-2 AND C-3 ZONING DISTRICTS; 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. Ordinance No. 8345 An ordinance requesting Lot 9, and W/2 of Lot 8, Block 41, Overton Addition be changed from A-2 to A-M Specific Use, to permit professional offices, located at 2017 Main St. SMH:js ORDINANCE NO. 8345 1208 *Amends Ord 4/13/79 82-41A-1208-1870 (11) 82-41A-1208-1871 (12) An ordinance amending Chapter 12A of the Code of Ordinances entitled "Flood Hazard Areas" 7642', establishing areas of special flood hazard. ~ LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2376; A SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-20-3 OF THE ZONING ORDINANCE FOR PROFESSIONAL OFFICES ON LOT 9 AND THE WEST ONE-HALF OF LOT 8, BLOCK 41, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK. COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8346 An ordinance requesting the south 55' of west 130' of Lot B, Williams Subdivision, changed from A-M to A-M Specific Use, for purposes of constructing an automatic teller machine, located at 22nd P1. and'Oxford Avenue. SMH:js ORDINANCE NO. 8346 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. 2377; A SPECIFIC USE ZONE CHANGE FROM AM TO AM SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-23 OF THE ZONING ORDINANCE FOR AN AUTOMATIC TELLER MACHINE ON THE SOUTH 55 FEET OF THE WEST 130 FEET OF LOT B, WILLIAMS SUBDIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41A-1208-1872 (13) 82-41A-1208-1873 (13A) 82-41A-1208-1874 (19) Ordinance Nc. 8347 HW/mck ORDINANCE NO. 8347 AN ORDINANCE AMENDING CHAPTER 12A OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ENTITLED "FLOOD HAZARD AREAS", BY AMENDING SECTION 12A-4 THEREOF GOVERNING THE BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD; AMENDING SECTION 12A-7 GOVERNING VARIANCE PROCEDURES; AMENDING SECTION 12A-8 GOVERNING PROVISIONS FOR FLOOD HAZARD REDUCTION; PROVID- ING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK; AND PROVIDING FOR PUBLICATION. Ordinance No. 8349 Consider an ordinance abandoning and closing.a portion of an easement in the Park Lorraine Addition. HW/mck ORDINANCE NO. 8349 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A DRAINAGE AND UTILITY EASEMENT LOCATED IN PARK LORRAINE ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. Ordinance No. 8348 Consider an ordinance abandoning and closing an easement in Tract B, Sewell Addition. JWF:js 1 _ _TUT • :CM: AN ORDINANCE ABANDONING AND.CLOSING A BLANKET UNDERGROUND UTILITY EASEMENT AND TRANSFORMER PAD EASEMENT GRANTED TO THE LUBBOCK POWER AND LIGHT COMPANY, AN ELECTRICAL PUBLIC UTILITY SYSTEM OWNED BY THE CITY OF LUBBOCK LOCATED IN TRACT B, SEWELL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinances 8343, 8344, 8345, 8346, 8347, 8349 and 8348 on the second and final reading. Motion carried: 5 Yeas, 0 Nays. Consider rescinding previous action on proposed traffic signal at 62nd Street and Slide Road (Min. Book 35, Page 54, Item 138, 2/12/76; Min. Book 35, Page 101, Item 280, 3/29/76). At the July 22, 1982 meeting, it was called to the Council's attention that this minuted action dating back to 1976 had never been rescinded and the Council's action of May 12, 1976 was still in effect. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to rescind the minuted action of the City Council on February 12, 1976 and subsequent action on March 29, 1976. Motion carried: 5 Yeas, 0 Nays. i Lj 82-41A-1208-1875 Consider resolution authorizing the Mayor to execute a contract with Texas Tech regarding (20) handicapped ramps on University Avenue. AVG I 6 1�8� 1 1209 F)' This is a routine follow-up action on prior commitments the City Council made regarding the widening of University Avenue whereby construction of handicapped curb ramps on the west side of University Avenue was agreed to by both governmental entities. This contract will require Tech to construct fourteen ramps (seven of brick and seven of material of their choosing) for the sum of $2,100. These will predominately be at Broadway and Universi and at 15th and 16th Streets. SMH:da RESOLUTION NO. 1160 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an. Agreement between the City of Lubbock and Texas Tech University for the construction of ramps for the handicapped attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of August ,1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Jim Bertram Jim Bertram, Director of Planning APPROVED AS TO FORM: ISI Susan M. Horton Susan M. Horton, Assistant City Attorney AGREEMENT BETWEEN THE CITY OF LUBBOCK AND TEXAS TECH UNIVERSITY THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK This Agreement entered into this _ day of , 1982, between the City of Lubbock, Texas, a home rule municipal corporation, hereinafter called "City" and Texas Tech University, hereinafter called "University". WITNESSETH: WHEREAS, the construction of ramps for the handicapped are a proper public purpose; and WHEREAS, the University will construct these ramps in conformity with specifications that are in keeping with the architectural scheme of Texas Tech University; and WHEREAS, the City desires to fund such project; NOW THEREFORE The City and University do mutually agree as follows: I. The University agrees to construct fourteen (14) curb ramps for the handicapped on University Avenue at locations specified in Exhibit I attached hereto and made a part of this Agreement. The University agrees to construct these ramps in accordance with speci- fications set out in Exhibit II entitled Ramp Elevation and Exhibit III entitled Ramp Detail both attached hereto and made a part of this Agreement. It is agreed that Univer- sity,will furnish all materials, supplies, machinery, labor, insurance and other accessories and services necessary to complete said construction in accordance with this Agreement. U The City agrees to pay to Texas Tech University for services rendered the total of Two Thousand One Hundred and No/100 Dollars ($2,100.00) for the completion of all fourteen (14) handicapped ramps. It is agreed said sum is to be paid at the completion of the two (2) handicapped ramps at 6th Street, the three (3) handicapped ramps at Broadway, and the - two (2) - handicapped ramps at 15th Street. The remaining seven (7) handicapped ramps shall 1210 The City shall not be subject to any of the obligations or liabilities of the University incurred in the performance of this Agreement. Insofar as is authorized by the, Constitution and laws of the State of Texas, the University expressly agrees to indemnify and hold harmless the City for any and all liability and obligations incurred due to the negligence of the University, its employees, officers, agents, sub -contractors, or agencies or the negligent acts or omissions, breaches of contract of the University or its employees, officers, agents, sub -contractors, or agencies. University hereby covenants and agrees to conduct its activities and operations in accordance with all applicable federal, state, and local laws, rules, regulations and ordinances. IV. It is understood and agreed that this contract may be terminated by City in whole or from time to time in part, whenever such termination is determined by City to be in the best interest of City. Termination will be effected by delivering University a notice of termination, specifying to what extent performance of the work under the contract is being terminated and the effective date of termination. After receiving notice of termination, University shall: (1) Stop work under the contract on the date and to the extent specified in the notice of termination; (2) Place no further orders or sub -contracts except as may be necessary for completion of the work not terminated; and (3) Terminate all, orders and contracts to the extent that they relate to the performance of the work terminated by the notice of termination. It is expressly agreed that this Agreement is entered into on the condition that should the University fail to timely fulfill its obligations, or should it violate any of the covenants, agreements, stipulations thereunder this Agreement shall be re-evaluated and declared null and void and immediately terminated. V. This Agreement contains the entire agreement of the parties; and no representations, inducements, or other covenants between the parties not included herein shall be of any force and effect. In witness whereof the City and the University have executed this Agreement as of the first day above written. CITY OF LUBBOCK BILL McALISTER, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Jim Bertram, Director of Planning F.1y,iff"Tiffil ��ffllll 4 9 Susan M. Horton, Assistant City Attorney TEXAS TECH UNIVERSITY ATTEST: 82-41A-1210-1876 Consider resolution authorizing the Mayor to execute a contract with Texas Tech regarding (21) tree replacement adjacent to University Avenue. Resolution No. 1161 This is a routine follow-up of a commitment made by the City Council involving the landscaping of the median and the replacement of trees at the time that University Street was widened. The Parks and Recreation Department is working with Texas Tech as to the completion of this commitment. SMH: d a RESOLUTION NO. 1161 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Texas Tech University for the replacement of trees along University Avenue 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. i Passed by the City Council this 12th day of August 31982. `t /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: G /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer i " APPROVED AS TO CONTENT: /S/ Jim Bertram Jim Bertram, Director of Planning APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney i AGREEMENT BETWEEN THE CITY OF LUBBOCK AND TEXAS TECH UNIVERSITY THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: ] COUNTY OF LUBBOCK § This Agreement entered into this 12th day of August , 1982, between the City of Lubbock, Texas, a home rule municipal corporation, hereinafter called "City" and Texas i Tech University, hereinafter called "University". I 3 WITNESSETH: WHEREAS, it was necessary to remove certain trees along University Avenue in connec- tion with the construction project to widen University Avenue; and WHEREAS, the City and the University desire to replace said trees; and i WHEREAS, the City desires to fund such project; NOW THEREFORE The City and University do mutually agree as follows: The City agrees to compensate the University for the replacement of trees along ' University Avenue in the sum of Twenty-three Thousand Six Hundred Fifteen Dollars and Seventy-nine cents ($23,615.79). It is agreed that said sum is for the purchase of trees to be planted on property owned by the University. The City shall transfer the funds to the University within 10 days after the execution of this agreement. The University shall have sole discretion as to the number, size, and type of trees. The location of the trees shall be determined by the University. It is agreed that the City will plant the trees in accordance with the specifications stated in this agreement. The City will plant the trees to be located along University Avenue. Some will be planted in the fall of 1982 and the rest in the spring of 1983. The University shall provide 10 days written notice to } the City prior to the date that the planting process can begin. Said notice shall include specifications as to number, kind and location of trees. The University agrees to accept sole responsibility for the condition and maintenance of said trees. II. The City agrees to plant the trees according to the following specifications: Planting Mixture: The planting mixture shall contain 2 peat moss by volume totally incorporated with the excavated material from each hole (2 peat, 2 excavated material). Should a ? ? large amount of caliche material be present, an agreed upon alternate will be substituted. Fertilizer: No Fertilizer will be applied at the time of planting. "' Mulch: No mulch material will be applied at the time of planting. Staking: All staking of plantings to conform with:the enclosed staking detail. (Attached hereto and made a part hereof). 1212 A"UG 'I Z 1198Z Excavation: Should heavy, caliche be encountered at shallow depths, Texas Tech shall be required to pick an alternative planting site. Utilities: Texas Tech shall be responsibile for locating all utilities within the planting area. Utilities damaged during the planting process that are unknown to Texas Tech and/or the City of Lubbock shall be repaired by Texas Tech at their expense. The City shall not be subject to any of the obligations or liabilities of the University incurred in the performance of this Agreement. Insofar as is authorized by the Constitution and laws of the State of Texas, the University expressly agrees to indemnify and hold harmless the City for any and all liability and obligations incurred due to the negligence of the University, its employees, officers, agents, sub -contractors, or agencies or the negligent acts or omissions, breaches of contract of the University or its employees, officers, agents, sub -contractors, or agencies. University hereby covenants and agrees to conduct its activities and operations in accordance with all applicable federal, state, and local laws, rules, regulations and ordinances. IV. It is expressly agreed that this Agreement is entered into on the condition that should the University fail to timely fulfill its obligations, or should it violate any of the covenants, agreements, stipulations thereunder this Agreement shall be re-evaluated and declared null and void and immediately terminated. V . This Agreement contains the entire agreement of the parties; and no representations, inducements, or other covenants between the parties not included herein shall be of any force and effect. In witness whereof the City and the University 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: Jim Bertram, Director of Planning APPROVED AS TO FORM: . /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney TEXAS TECH UNIVERSITY ATTEST: The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolutions 1160 and 1161 referenced above. Motion carried: 5 Yeas, 0 Nays. 82-41A-1212-1877 Consider the price and conditions of sale on Parcel 3-14 (a part thereof) for the Coronado (22) Area. 82-41A-1212-1878 Consider the price and conditions of sale of Parcel 5B-18-3A in the Lubbock NDP Urban (23) Renewal Area. 82-41A-1212-1879 Consider the price and conditions of sale of Parcel 54310-4-1 in the 7th Year CD Program. (24) The motion was made by Councilwoman Baker, seconded by Councilman Aderton to approve the price and conditions on the above referenced parcels. Motion carried: 5 Yeas, 0 Nays. 82-41A-1212-1880 Consider a resolution authorizing the Mayor to sign a Release of Deed of Trust Lien for a (25) NIDP Loan. Resolution No. 1162 I ­__ I - -1 /. 1 /_, A----..— V 4— �1_ — -­­ d — -P c 'a Q 1 Q ­— 1213 �i 7 against the property for the amount of the loan but payment was not demanded until dispo- sition of the property was made. Mrs. Gordon now wishes to sell her property and has submitted a check for the above amount as payment in full for the referenced loan. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution 1162 authorizing the release of the deed of trust land as referenced. Motion carried: 5 Yeas, 0 Nays. SMH/mck RESOLUTION NO. 1162 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Release of Deed of Trust Lien, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute a part of this resolution as if fully copied herein in detail. Passed by the City Council this 12th day of August , 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/ Susan M. Horton Susan M. Horton, Assistant City Attorney RELEASE OF DEED OF TRUST LIEN THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § The City of Lubbock, Lubbock County, Texas, is the legal and equitable owner and holder of a certain Deed of Trust Promissory Note in the principal sum of Three Thousand Three Hundred and Thirteen and no/100 Dollars ($3,313.00) dated June 9, 1982 executed by Bessie Gordon payable to the order of the City of Lubbock, Texas as described in and secured by a Deed of Trust from Bessie Gordon to Evelyn Gaffga, Trustee, dated June 9, 1982, and recorded in Volume 694, Page 793, of the Deed of Trust Records of Lubbock County, Texas. The City of Lubbock hereby acknowledges payment in full of said note and hereby discharges and releases the property described in the above -mentioned Deed of Trust from all liens held by the City of Lubbock to secure payment of such note. Executed on this 12th day of August , 1982. CITY OF LUBBOCK /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffp-a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Richard Mays Richard Mays, Community Development Coordinator APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney 82-41A-1213-1881 (26) *Proposed Paving Cut Repair Cost (Exhibit A) located in file Consider a resolution revising paving cut repair costs schedule in accordance with Sec. 28-66 of the Code of Ordinances. Resolution No. 1163 At the 8:30 Work Session, the Council was apprised of the basis for this item, and in 1214 Engineer, Don Jennings, indicated that these computations would be calculated on a case - by -case basis. The proposed resolution updates the paving costs billed to the contractor or the utility company that caused this street to be cut. There are calculations for a minimum paving cut size calculated from 50 feet to a maximum size of 2000 feet; there are considerations regarding the use of asphalt only, concrete only, and asphalt and concrete combination; the cost calculations reflect the use of a 4-man repair crew on an hourly basis calculated at a rate of $41.55 per hour which includes overhead and fringe benefits; equipment requirements are determined for each type of repair with actual costs and hourly rates; the minimum costs of the three types of patches per square foot are: asphalt only - $310-369; concrete only - $297-336; asphalt and concrete - $6017-705. At regular session, the motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution 1163 updating the paving cut repair costs. Motion carried: 5 Yeas, 0 Nays. RESOLUTION NO. 1163 WHEREAS, Section 28.66 of the Lubbock City Code provides that the City Council shall approve the paving cut and repair costs as revised and supplemented with -the recommendations of the City Engineer, and WHEREAS, the City Engineer has herewith submitted such a current schedule of such costs as shown on attached "Exhibit A", annexed hereto and made a part hereof, and this City Council finds such schedule to be in order as correctly and currently setting forth such costs; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUUBOCK: That the paving cut and repair costs chedule attached here to as "Exhibit A: is hereby in all respects approved and adopted, and shall be come effective immediately upon the passage of this resolution without further writing or direction from the City Council. Passed by the City Council this 12th_ day of August , 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary - Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer.. APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 82-41A-1214-1882 Consider a resolution authorizing paving improvements to be_constructedon the east half (27) of Iola Avenue from 19th Street to 21st Street, and authorizing City's cost. Resolution No. 1164 The developer of Cross Roads Addition has requested permission to pave this portion of Iola Avenue, with assurances that the City's portion will not exceed $5,000, and that they would bear all costs in excess of that sum. The City's portion is for the extra width of this street which is designated as a collector street. The west side of the street is currently paved and this will complete the full width of the street for access to 19th Street and to a new apartment complex which is being constructed on 21st Street. The City's portion will be funded from Revenue Sharing, Entitlement IX. JCR:da RESOLUTION NO. 1164 WHEREAS, the City Council has heretofore determined that the City would contribute the customary city portion of the cost of street paving improvements as determined by City of Lubbock paving policy, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting East 1/2 of Iola Avenue from 16 feet North of North property line of 21st Street to the South raw edge of 19th Street have requested permission to have pavement improvements constructed on the aforementioned street and the paving of said street is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, the owners of the property abutting on the herein described street will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the above mentioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $19,947.26, the total cost not over $21,144.09, and the City's share in connection therewith would not AUG 12 798e 12 115 82-41A-1215-1883 (28) *Complete estimate of costs for Tract C located in file that such payment to be made by the City is reasonable, fair and just to the abutting property owners, the City and all other persons affected thereby, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the street herein described, provided that such plans and specifications meet the usual requirements for paving on streets within the corporate limits of the City of Lubbock; said street being as follows, to -wit: East 1/2 of Iola Avenue from 16 feet North of North property line of 21st Street to the South raw edge of 19th Street. The City Engineer is further authorized and directed to duly inspect said paving construction on said street and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Council, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the above mentioned improvements a sum not to exceed $3,802.17 which is the City's share ($4,999.00 less $1,196.83 engineering), leaving the amount due the contractor from the property owners not to exceed $16,145.09. SECTION 2. This authority is conditioned that the owners of abutting property and the contractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims, or damages of every nature pertaining thereto, and that the contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer all improvements designated herein shall be a permanent part of said street and the property of the City of Lubbock, without any liability whatsoever. On motion of Councilwoman Baker . seconded by Councilman Aderton , the foregoing resolution was unanimously passed by the City Council this 12th day of August, 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer The owners of abutting property on the above mentioned street, and Kerr Construction Co., Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: ISI John Ross John C. Ross, Jr.,- City Attorney KERR CONSTRUCTION COMPANY BY: ISI Johnnie L. Howell, V. Pres. CROSSROADS JOINT VENTURE #1 BY: ISI Dwight Andrews, Managing Partner Consider a resolution accepting paving improvements constructed by Kerr Construction Co. in K-Mart Plaza, Tract C. Resolution No. 1165 JCR:da RESOLUTION NO. 1165 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STR7ET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of K Mart Plaza Addition, Tract "C" made arrangements with Kerr Construction Company for the construction of paving improvements on certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of K Mart Plaza Addition, Tract "C" including the 1216 AUG 12 1010Z Loop 289 access road to.its,.intersection.with a line 16.00 feet North of the North property line.of 16th Street known and designated as New Subdivision Sub -Unit Number 81 of Unit Number 2028. AND WHEREAS, the construction of the above improvements on the abovementioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost (and to release escrow money). This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED this 12th day of August , 19 82 . /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ John Ross John C. Ross, Jr., City Attorney 82-41A-1216.-1884 Consider a resolution accepting paving improvements constructed by Kerr Construction (29) Co, on the east half of Frankford Avenue from 19th Street to Loop 289 (GWO 11,597). *Complete final estimate located Resolution No. 1166 in file JCR:da RESOLUTION NO. 1166 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF FRANKFORD AVENUE AS DESCRIBED BELOW: WHEREAS, the City of Lubbock passed a resolution and paving agreement on April 8, 1981 authorizing the construction of street improvements by Kerr Construction Company on the following: East half of Frankford Avenue from its intersection with the South lip line of Loop 289 access road to its intersection with a line 140 feet North of the centerline of 19th Street known and designated as Sub -Unit Number 41 of Unit Number 2240. (G.W.O. 11,597) AND WHEREAS, the improvements upon the said portion of Frankford Avenue 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 Frankford Avenue be, and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the AUG 11 1982 1217 N final payment to the Contractor in the amount of $50,042.71. II. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ EVELYN GAFFGA Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO CONTENT: /S/ John Ross John C. Ross, Jr., City Attorney The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution 1164 authorizing the paving improvements referenced above, and to pass Resolutions 1165 and 116 accepting the paving improvements as referenced. Motion carried: 5 Yeas, 0 Nays. THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubb personally appeared Twi l a Audi I I I Account M pers Corporation, publishers of the Lubbock Avalanche -Journal — Mornin being by me duly sworn did depose and say that said newspaper has been pu than fifty-two weeks prior to the first insertion of this 1.2>sa I Not ro word-$19 1S No. 579191 ed copy of the —Notice at Lubbock County, Avalanche -.Journal on the following dates.- July 28is a true copy 1 the original a 9 1982. Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 12thday of August 82 . 19 BONNIE McXEE NO,TA, PUBLIC TEXASIN AND FOR THE STATE OF FARM 58-10 MY COMM1110N EXPIRES NOV. 0. 1984 its day ewspa- who more print - )bock 82-41A-1217-1885 Hold a Public hearing for the purpose of considering the request of Beach Oil and (14) Gas, Inc. for an Oil and Gas Drilling Permit on a tract of land 1980' east of west *Publisher's Affidavit section line (Quirt Avenue) and 1980` south of the north section line (Kent Avenue), located above. designated as Ashby #1 well site. Proponent: Dub Bratcher, attorney for Beach Oil and Gas, Inc. a Dallas firm The leases under this application have been grandfathered under a prior ordinance. The well site will be located approximately 1980 feet east of Quirt Avenue and 1980 feet south of Kent Avenue. Inasmuch as this is the first application for this firm I/' 1218 PUG The short term land use effects are the standard elements of noise, dust, and traffic during drilling. Access to the well site will be from Quirt Avenue and is not close to any existing structure. After leaving Quirt Avenue, the traffic will not be on a dedicated public street. The long term land use elements are that the well site is located on an agricultural use tract designated for industrial uses by 1990 and should create little negative impact on the future land uses in this area. The staff recommends that the drilling permit be issued subject to the receipt of the performance bond and the certificate of insurance in addition to the other requirements. There being no opposition and no discussion, the hearing was closed at 10:35. 82-41A-1218-1886 Consider approval of Oil and Gas Drilling Permit to Beach Oil and Gas, Inc., (15) designated as Ashby #1 well site. *Publisher's Affidavit seconded by Councilman Aderton to approve attached p. 1217. The motion was made by Councilwoman Baker, the above oil and gas drilling permit subject to the following conditions: 1. That hydrocarbon lubricant (waste oil) will not be used to free -up the hole during drilling until surface casing is set for a minimum of 500 feet. 2. The permit shall not be issued until the required insurance and performance bonds are submitted and approved by the Planning Department. 3. The permittees shall meet all the other conditions as stated in Section 19A of the Code of Ordinances as applicable to Ashby #1 Unit of Beach Oil and Gas, Inc. Motion carried: 5 Yeas, 0 Nays. OIL AND GAS DRILLING PERMIT THE STATL OF § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § The City Council of the City of Lubbock, Texas, hereby approves and grants permission to Beach Oil and Gas, Inc. for the drilling of an oil and gas well known as the Dunlop No. I to be located on the site and in the production unit indicated on the application attached hereto and made a part hereof by reference for all purposes. Beach oil and Gas, Inc. hereinafter referred to as PERMITTEE, hereby a7rees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this permit is issued contingent upon such compliance. Chapter 19A of the Code of Ordinances of the City of Lubbock is by reference incor- porated herein for all purposes and shall have the same force and effect as if copied verbatim herein. This permit is granted for a period of one hundred and eighty (180) days from date of issuance and as long thereafter as the permittee is engaged in drilling operations with no cessations of such operations for more than ninety days, or oil or gas is produced in . commercial quantities from the well drilled. If at any time after discovery of oil or gas the production thereof in commercial quantities shall cease, the permit shall not expire if the permittee commences additional reworking operations within one hundred and eighty (180) days thereafter, and if they result in the production of oil or gas, so long thereafter as oil or gas is produced in commercial quantities from such well. This permit is granted subject to the following conditions: 1. That hyndrocarbon lubricant (waste oil) will not be used to free -up the hole during drilling,until surface casing is set for a minumum, depth of 500 feet. 2. Any portion of a caliche or dirt road utilized for ingress/egress to the drill site within 200 feet of a residnetial structure shall be maintained and wetted down during dry conditions to reduce dirt. 3. The permittee shall meet all other conditions of Section 19A and those specifications indicated within the application for Beach Oil and Gas, Inc. Dunlop No. 1. The use of earthen slush pits as opposed to steel pits is hereby authorized as requested by Beach Oil and Gas, Inc., said earthen pits to be constructed in accor- dance with the requirements as outlined in Section 19A-13 of the Code of Ordinances of the City of Lubbock, Texas. AUG 12 7982 1219 The Well drilled pursuant to this permit shall not exceed a depth of 5,500 feet. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and gas well. GRANTED this day of 1982. APPROVED AS TO CONTENT: /S/ APPROVED AS TO FORM: /S/ Susan M. Horton, Asst. City Attorney CITY OF LUBBOCK /S/ Larry Cunningham, City Manager BEACH OIL AND GAS, INC. /S/ — ATTEST: /S 82-41A-1219-1887 Consider a resolution authorizing the Mayor to sign a fl2e Line License with (30) Atchison, Topeka and Santa Fe Railway Co. *Copy of Pipe Line License locate in file Resolution No. 1167 This agreement will allow the City to construct a water pipeline underneath Santa Fe's tracks at M.P. 679 + 950 which is approximately at the intersection of 66th Street and Southeast Drive. There is a one-time cost of $250 for the license. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution No. 1167 authorizing the above referenced Pipeline License. Motion carried: 5 Yeas, 0 Nays. JWF/mck RESOLUTION NO. 1167 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the,Mayor of the City of Lubbock is hereby authorized and directed to execute for on behalf of said City a Pipe Line License Agreement to be entered into by and between said City (as Licensee) and the Atchson, Topeka, and Santa Fe Railway Company (as Licensor) for a water pipeline 254 feet in length and 11-10 inches in diameter, 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 Council this 12th day of - August 1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaf f_ga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Tom Nivens Tom Nivens, Right of —Way Agent APPROVED AS TO FORM: ISI J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney 1220 p�G 4 Ag�l 82-41A-1212-1888 (31) Consider an ordinance to abandon and close a portion of Paris Avenue in the G. A. Rush Addition. Ordinance No. 8351 This ordinance is to abandon and close a portion of Paris Avenue between 13th and 15th Streets, at the request of American State Bank. The Bank owns all of the property in that block except Lots, 1, 2, and 3, Block 3, G. A. Rush Addition. Utility companies (LP&L, SPS, Energas, Bell Telephone, and water -sewer departments of the City) want the closed street to remain as a utility easement to cover their existing facilities and American State Bank has agreed to this request. Addition- ally, the Fire Department is concerned about access to the west side of the old Sears building should this request be approved. Under the present ordinance, persons wanting the street closed and used for private purposes, must pay the appraised value of the land involved as well as any modifi- cations to the property. In this case, American State Bank was not the original dedicator of the property but only a portion of the property, and the estimated costs for fulfilling this request, if approved, would be $51,037.99. The prelim- inary plat has been approved by the Planning and Zoning Commission. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance 8351 on first reading subject to the proponent granting utility easements as stated above. Motion carried: 5 Yeas, 0 Nays. HW:da ORDINANCE NO. 8351 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF PARIS AVENUE BETWEEN 13TH STREET AND 15TH STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 82-41A-1220- 1889 Consider a resolution authorizing the May to sign a chan e order with (32) Lubbock Development Company, Inc. on Rodgers Senior Citizen Building *See Reso. 1062, 3/25/82 (Reso. 1062, 3/25/82). Resolution No. 1168 This change order contains several minor changes increasing the original contract by $1,154. The primary changes are in regards to restroom partitions grab bars to satisfy the accessibility requirements, a floor drain and water supply to accomodate an ice machine which is being funded by SPAG and a different type of exterior brick to be used to match the existing Community Center. The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve Resolution No. 1168 authorizing the change order. Motion carried: 5 Yeas, 0 Nays. JMS:js RESOLUTION NO. 1168 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 an on behalf of the City of Lubbock a Change Order with Lubbock Development Co., Inc., for needed changes in toilet facilities to meet handicapped accessibility standards, changes in material on interior partitions, changes in brick for exterior of building, and the addition of services needed for an ice machine at the Rodgers Community Center for Senior Citizens activities, which Change Order is attached herewith and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be apart of this Resolution as if fully copied herein in detail. The cost involved is $1,154.00. Passed by the Council this 12th day of August , 1982. /S/ Bill McAlister BILL MCALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Weston Jim Weston, Director of Community Facillties 1221 AVG / � 7982 V U OWNER X CHANGE ARCHITECT ORDER CONTRACTOR FIELD AIA DOCUMENT G701 OTHER PROJECT: Rodgers Community Center for Senior (name, address) Citizens Activities, Amherst & Gary Avenue, Lubbock, Tx. TO (Contractor) Lubbock Development Company, Inc. P. 0. Box 65251 Lubbock, Tx 79464 CHANGE ORDER NUMBER: Two (2) Project No. B-81-MC-48-0022 W. 0. No. 8108 ARCHITECT'S PROJECT NO: 260-82 CONTRACT FOR: Complete Building CONTRACT DATE: March 25, 1982 You are directed to make the following changes in this Contract: 1. Switch doors and frame with Panel Room and Mech room No Change 2. Increase size of Toilet partitions in Women's Toilet, as per revised plan furnished you Add $ 176.00 3. Omit labor for installing,Men's Toilet Partition, but furnish and del iver partition to Owner Deduct 56.00 4. Change lengths of grab bars as requested on revised plan Add 24.00 5. Change Toilet Partitions from baked enamel to laminated plastic Add 219.00 6. Add floor drain, water supply with valve and duplex receptacle for ice machine, as shown on revised floor plan Add 189.00 7. Price difference over Brick Allowance in Bid Documents Add 602.00 8. Change paint in small and large Conference rooms, Corr. 1 & 2, Vestibule, Office, and Large Assembly Room to Fullen Brien's Fuller-Glo Alkyd Semi -gloss Enamel No Change 9. Provide 220v lines to steam table (hot food insert) No Change Total Addition 1.154.00 See Revision to Sheet A-1 to Accompany Change Order No. 2 to Rodgers Community Center for Senior Citizens Activities Dated 15 June 1982 The original Contract Sum was . . . . . . . . . . . . . . . . . . . $ 151,854.00 Net change by previous Change Orders . . . . . . . . . . . . . . . $ 00 The Contract Sum prior to this Change Order was . . . . . . . . . . $ 151,854.00 The Contract Sum will be (increased)(decreased)(unchanged) . . . . . $ 1,154.00 by this change order The new Contract Sum including this Change Order will be . . . . . $ 153,008.00 The Contract Time will be (increased)(decreased)(unchanged) by . . . 17 ) Days. The Date of Completion as of the date of this Change Order therefore is January 1, 1983 McMurtry & Craig Lubbock Development Co. Inc. City of Lubbock ARCHITECT CONTRACTOR OWNER Address 3408 32nd St. Lubbock, Tx 79410 Address P.O. Box 65251 Lubbock, Tx79464 By /S/ E. HOYse McMurtry By ISI Fred Davis, V.P. E. Hoyse McMurtry Fred Davis, V.P. wmmm:• �11 I Address Lubbock, Tx 79408 By ISI Bill McAlister DATE 28 July, 1982 DATE DATE 8/12/82 Approved as to form: ISI Joan M. Sherwin Assistant City Attorney AIA DOCUMENT G701 CHANGE ORDER APRIL 1970 EDITION AIA R C 1970 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, DC.C. 200006 82-41A-1221-1890 Consider an ordinance amending Sec. 15-3 1 of the Code of Ordinances creating an (33) Animal Shelter Advisory Subcommittee. This item was deleted. fl 1222 AUG i 2 198Z 82-41A-1222-1891 (34) :Certificate of Insurance located in file Consider a resolution authorizing the Mayor to execute an agreement. with Dan Reigle.for landfill material. Resolution No. 1169 Mr. Riegle is the owner of the West Texas Chip and Mulch Company and wishes to obtain woody material from the landfill to create wood chips for resale. He has agreed to pay 5J per cubic yard of this material. Additionally, the agreement contains a hold harmless clause for claims for any loss or damage and Mr. Riegle is also required to obtain insurance to cover the operation. The agreement is for one year with automatic renewals for successive one-year terms. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution 1169 authorizing the referenced agreement. Motion carried: 5 Yeas, 0 Nays. DGV:j s RESOLUTION NO. 1169 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 the behalf of the City of Lubbock an Agreement by and between the City o I f Lubbock and Dan Reigle to obtain woody material from the sanitary land fill site for the purpose of creating wood chips for resale attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: 12th day of August _, 1982. /S/ Bill McAlister BILL McALISTER, MAYOR /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock has available at its sanitary land fill site quantities of woody material which is destroyed by burning; and WHEREAS, Dan Reigle desires to obtain such woody material for the purpose of creating wood chips for resale; NOW THEREFORE, the City of Lubbock and Dan Reigle agree as follows; 1. Dan Reigle or his authorized agents or employees may come on the City's sanitary land fill site during normal operating hours for the purpose of chipping woody materials, which chipping operation is to be restricted to the area of the land fill used for brush collections. 2. Dan Reigle or his authorized agents or employees shall pay the City of Lubbock $.05 per cubic yard of chipped materials, which amount shall be paid upon removal of such materials from the sanitary land fill. 3. Dan Reigle shall hold the City of Lubbock harmless from any or all claims for loss or damage of any kind whatsoever, and by whomsoever claimed or asserted, occasioned by or in connection with the actions of himself or his agents or employees in connection with the execution of this document. 4. Dan Reigle shall maintain in effect at all times when operations under this Agreement are conducted a liability insurance policy for such opertion which shall name the City of Lubbock as a coinsured party and which shall be in the amount of $100,000 for personal injury to any one person, $300,000 for each occurrence and $50,000 for property damage sustained in any one occurrence. A copy of such policy shall be filed with the City Secretary of the City of Lubbock prior to operations commencing under this Agreement. 5. Dan Reigle shall only be entitled to such brush as the City of Lubbock shall have available at the City sanitary land fill site and the City shall not be required to furnish additional brush or woody material if the supply at the land fill site shall be exhausted. 1223 AUG I z 'o8� F] year terms unless one of the parties hereto desires to end such Agreement and makes such desire known in writing 30 days prior to the effective date of such desired termination. Such notice to the City of Lubbock must be made to the City Manager of the City of Lubbock. This Agreement executed this 12th _day of August 1982. DAN REIGLE ENTERPRISES: CITY OF LUBBOCK ISI Daniel F. Reigle DAN REIGLE ATTEST: ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Julie A. Foster /S/ Evelyn Gaffga Julie A. Foster Evelyn Gaffga, City Secretary - Notary Public for the State of Treasurer Texas Commission expires: 7/2/86 APPROVED AS TO CONTENT: /S/ Denzel Percifull Denzel Percifull, Director Public Services APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 82-41-1223-1892 C - onsider Change Order #1 to contract for remote control facilities (WWO 11609) (Reso. 924, (35) 9/24/81). *See Rdso 924, 9/24/81 Resolution No. 1178 This Change Order is for the remote control of the wells in the Sand Hills Well Field which originally consisted of 120 wells. This Change Order adds 23 wells to include the ones currently being developed under the 1982 Wells Drilling Program. The original contract did not include a standby transmitter. Presently, the wells are being manually monitored and the equipment included in the change order will provide for a more consistent and automatic monitoring of the wells in the Sand Hills Field. The estimated completion date is November 15, 1982. The Change Order also reduces the retainage to $1,000. The total amount of the Change Order is $46,126.40. and has been refused by the engineers with Park, Hill, Smith and Cooper. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve Resolu- tion 1178. Motion carried: 5 Yeas, 0 Nays. JWF:cl RESOLUTION NO.1178 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 Change Order No. 1 to a Contract heretofore entered into by and between said City and Row -Wall Electric, Inc. for the installation of remote control facilities at Bailey County Well Field pursuant to W.W.O. 11609 to increase the number of wells from 120 to 143 and extend Contract time to November 15, 1982, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of August 111982. ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer ISI Bill McAlister BILL McALISTER, MAYOR APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney City of Lubbock, Texas TO: ROW -WALL ELECTRIC, INC. P.O. BOX 1914 LUBBOCK, TEXAS 79408 General description of work included in the original contract: Install remote control facilities for 120 wells in the City's Bailey County Well Field using one-way FM radio channel for communication between the central control point and the individual well sites. Original Amount of Contract $ 197,975.00 Change Order No. I ADD 46,126.40 Adjusted Contract Amount $ 244,101.40 Construction Time Extended to Nov. 15, 1982 WHEREAS, it is desireble to make changes in the work to be constructed under this project. THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage gained, the Owner and the Contractor agree to the changes indicated below and further agree that the amount of the contract and the construction time shall be adjusted by the amounts shown above. 1. Increase the number of wells provided with remote control facilities from 120 to 143. ADD $ 43,556.80 2. Provide and install a stand-by transmitting unit at the centrol control point. ADD $ 2,927.00 3. Furnish 4 printed -circuit boards for maintenance of the facilities. ADD $ 449.60 4. Reduce the number of Hand -Off -Automatic switches installed in existing starters from 50 to 20 units. DEDUCT $ 807.00 5. Construction time to be extended to November 15, 1982, to allow time for delivery and installation of equipment included in this Change Order. 6. Retainage on the work completed under the original contract to be reduced to .... $1,000 until final completion of the project. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 12th day of August , 1982. --------------------------------------------------------------------- RECOMMENDED: PARKHILL, SMITH & COOPER, INC., Consulting Engineers B /S/ Chester P. Green,Project Engineer, 9/2 1982 APPROVED: ROW -WALL ELECTRIC, INC., Contractor By /S/ Atkin Cook —, Vice-President,Sept 2, 1982 APPROVED: CITY OF LUBBOCK, TEXAS, Owner By ISI Bill McAlister , MAYOR _,Aug 12,. 982 1225 N AUG I Z 198, I 82-41A-1225-1893 Consider Change Order #4 to contract for Renovations --SE Water Reclamation q (36) Plant (WWO 11576) (Reso. 992, 12110181). ?,'*Amends Reso. 992 12/10/81 Resolution No. 1179 This change order is in the amount of $8,340 to repair a primary sludge sump at Plant #1, the deterioration of which was greater than originally anticipated. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution 1179. Motion carried: 5 Yeas, 0 Nays. JWF:cl RESOLUTION NO. 1179 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 Change order No. 4 to a Contract heretofore entered into by and between said City and Carrothers Construction Company, Inc. for the renovations to the Southeast Water Reclama- tion Plant at Lubbock, Texas pursuant to G.W.O. 11576 for application of repair mortar paid for on a unit basis, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of August 1982. ./S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: ISI J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 82-41A- 1226,1894 (37) *Copies of Sub -Lease Agreement, Addendum, Resolution of Urban Renewal Agency, and Certificate of Record- ing officer located in file. Original Lease Contract located Vol. 8, p. 178. Original Amendment located Vol. 34, p- 435 of the Minute Books. Consider a resolution authorizing the Mayor to sign an agreement with the Lubbock Urban Renewal Agency for assignment of the Urban Renewal Sublease Agreement with the Chamber of Commerce. Resolution No. 1170 The proposed plan for relocating Urban Renewal to the second floor of the Tax Office, relocating the Data Processing Operation into the building currently occupied by the Urban Renewal Agency, and relocating the Traffic Engineering Offices and the new signalization equipment to the location on the first floor of the present City Hall which is now occupied by Data Processing, commences with this particular matter. The subsequent agenda items speak to other matters also related to this relocation and reorganization. The City entered into a contract with the Chamber of Commerce in 1948 which was amended in 1975 regarding the building which is owned by the Chamber of Commerce and which is located on land.owned.by the City. Subsequently, the Urban Renewal Agency and the Chamber entered into a sublease agreement in 1978 when the Chamber relocated to 14th and Avenue K, its present location. The above action assigns the current sublease between the Urban Renewal Agency and the Chamber to the City, said sublease expiring February of 1983. The monthly rental is $1,150. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve Resolution 1170 authorizing the assignment of the sub -lease agreement referenced above. Motion carried: 5 Yeas, 0 Nays. DGV:da RESOLUTION NO. 1170 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: - . ... - , , I I- - -1- nn --A 4 - ­i-'hn-ri7oA anti airprted .1227 i I 7 betw-en Urban Renewal Agency of the City of Lubbock and the City of Lubbock, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVEn AS To CONTENT! ISI Jim Blagg Jim Blagg, Assistant City Manaaer APPROVRD Aq TO vORM: .day of August - ,1982. /S/ Bill McAlister BILL McALISTER, MAYOR ISI Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney THE STATE OF TEXAS § ASSIGNMENT OF SUB -LEASE AGREEMENT COUNTY OF LUBBOCK § This Agreement made and entered into by and between the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, hereinafter called "Urban Renewal" and the CITY OF LUBBOCK, TEXAS, hereinafter called "City"; W T T N F. R R F. T P- For value rec-ived, Urban Renewal hereby assigns to City all of its rights, title and interest in and to a Sub -Lease Agreement of February 1, 1978, and an Addendum thereto, by and between Urban Renewal and the Lubbock Chamber of Commerce, Inc., for the sub -lease of the North 65 feet of the east half of Blk. 87, Original Town of Lubbock, Lubbock County, Texas. Said assignment shall be effective on the date of execution of this agreement and shall be effective for the remaining term of said Sub -Lease Agreement and Addendum. The City hereby agrees to furnish Urban Renewal with other suitable quarters for its operations and to meet all of Urban Renewal's obligations under said Sub -Lease Agreement and Addendum. Executed this 12th day of August 1982. URBAN RENEWAL AGENCY: ISI George H. Nelson CHAIRMAN ATTEST: /S/ H. 0. Alderson SECRETARY CITY OF LUBBOCK: ISI Bill McAlister MAYOR ATTEST: ISI Evelyn Gaffga CITY SECRETARY 82-41A-1227-1895 Consider a resolution authorizing the Mayor to_s n an agreement with the Lubbock Chamber (38) of Commerce consenting to sublease and permitting alterations, repairs and renovations to Urban Renewal building. Resolution Ne. 1171 This agreement is between the City and the Chamber requesting permission to renovate and repair the building to be compatible with the present exterior of the City Hall building and connecting the two buildings thus allowing for the relocation of Data Processing, Traffic Engineering, and other necessary repairs. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve Resolution 1171 regarding the renovations and repairs referenced above. Motion carried: 5 Yeas, 0 Nays. DGV:da RESOLUTION NO. 1171 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between Lubbock Cha mber of 1228 AUG 14 1d8Z between Lubbock Chamber.of Commerce, Inc. and the City of Lubbock consenting to sub -lease and permitting alterations, repairs and renovations to the Urban Renewal building, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of August ,1982 /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga ._ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Blagg Jim Blagg, Assistant City Manager APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney THE STATE OF TEXAS § AGREEMENT COUNTY OF LUBBOCK § This Agreement made and entered into by and between the LUBBOCK CHAMBER OF COMMERCE, INC., hereinafter called "Chamber" and the CITY OF LUBBOCK, TEXAS, here- inafter called "City"; W I I N E S S E T H: For value received, the Chamber hereby agrees to allow the City to come upon the premises located on the North 65 feet of the east half of Blk. 87, Original Town of Lubbock, Lubbock County, Texas, and to make alterations, repairs and renovation to the building located upon said premises. I Such alterations, repairs and renovation shall be made entirely at City s expense and shall be made in accordance with the Cityts plans, specifications or designs so long as they do not decrease value or usefulness of building. The Chamber further consents to the assignment of its Sub -Lease Agreement of February 1, 1978, and the Addendum thereto to the City by the Urban Renewal Agency of the City of Lubbock. The City agrees to meet all obligations due under such Sub - Lease Agreement and Addendum so long as the same shall continue in force and effect. Any alterations, repairs or renovations to said building shall not be considered as in any way altering the price or terms of sale of such building to the City of Lubbock as set out in all agreements between the City and the Chamber with regard to such premises. Executed this day of 1982. LUBBOCK CHAMBER OF COMMERCE, INC.: CITY OF LUBBOCK: PRESIDENT MAYOR ATTEST: ATTEST: SECRETARY CITY SECRETARY 82-41A-1228-1896 Consider a resolution authorizing the Mayor to sign an agreement with the Lubbock (39) Chamber of Commerce ' amending the lease contract between the City and the Chamber of Commerce. Re -solution No. 1172 This agreement amends an existing agreement between the City and the Chamber origin- ating in 1948 and amended in 1975. It provides for the City's option to purchase the building in August of 1983 in the amount of $63,485. The City would like to complete the transaction in November, 1982. The firm of Brasher, Goyette, and Rapier are providing architectural services for design and renovation of the two buildings to allow for the above referenced reorganization and relocation, and the request of the staff is to retain the architectural firm on an hourly basis in developing these renovations. The two buildings need to be tied together, which involves outside walls, or a hallway, or additional office space needs to be con- structed; also, the exterior of the two buildings needs to be compatible. N -1 F i DGV :da RESOLUTION NO. 1172 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: AUG 12 1982 1229 THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to Lease Contract and Amendment between the City of Lubbock, Texas and the Lubbock Chamber of Commerce, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of August 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Blagg. Jim Blagg, Assistant City Manager APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney THE STATE OF TEXAS § AMENDMENT TO LEASE CONTRACT AND AMENDMENT COUNTY OF LUBBOCK § This Amendment to Lease Contract and Amendment made and entered into by and between the CITY OF LUBBOCK, TEXAS, hereinafter called "City" and the LUBBOCK CHAMBER OF COMMERCE, INC., hereinafter called "Chamber"; W I T N E S S E T H: That the City and the Chamber have heretofore entered into a Lease Contract under date of August 3, 1948, and an Amendment to Lease Contract under date of October 23, 1975, for the lease and rent to Chamber of the North 65 feet of the East Half of Block 87, Old Town of Lubbock, Lubbock County, Texas. Said Amendment to Lease Contract extends the term of the Lease Contract to August 3, 1983, and permits the sub -lease of the premises to the Urban Renewal Agency of the City of Lubbock. It is the desire of both the City and the Chamber to amend said Lease Contract and Amendment to Lease Contract as is hereinafter set out. For value received, the Chamber hereby agrees to relinquish and terminate all of its rights, title and interest in and to the above named premises and the building and other improvements situated on said premises effective November 1, 1982 and City will insure that all sublease rentals are paid through November 1, 1982. The City hereby agrees to purchase such building and all improvements situated on said premises for the amount of Sixty -Three Thousand Four Hundred and Eighty -Five Dollars ($63,485.00) cash to be paid to Chamber on or before November 1, 1982. Other than as is herein set out, the Lease Contract and Amendment to Lease Contract shall continue and be in full force and effect. Executed this 12th day of August 1982. LUBBOCK CHAMBER OF COMMERCE, INC.: CITY OF LUBBOCK: PRESIDENT MAYOR ATTEST: ATTEST: `( F SECRETARY CITY SECRETARY I 82-41A-1229-1897 Consider re nest of q — Sexton Enterprises, Inc. for renewal of taxicab and limousine permits. (40) In accordance with the ordinance regulating taxicabs/limousine permits, the Task Force j working with Sexton Enterprises, submitted a detailed report to the Council reflecting the following facts: 1` j� 1. The taxicab/limousine permits for Sexton Enr_ernr; GAQ PYT; Yoa 7,,,., 1-7 , nol)_ �.__ 0�1 1230 AUG 12 11982 3. The Internal Auditing Staff reported that the annual report did not reflect capital equipment purchased, average response time for taxicab service, the major maintenance costs for each taxi, or the total number of trips made by each taxi during the permit year, and reflected only the income statement which was a compilation of figures by the CPA firm retained by Sexton Enterprises and did not include an audit nor did it express any opinions by the accounting firm. 4. The report combined all direct and indirect costs for Sexton Enterprises which is comprised of seven different companies. 5. An annual report for the limousines permit was not filed at all. 6. Mr. Sexton submitted a check for thirteen taxicabs at $40 each and for one limousine at $60 and the list of vehicles to be used for taxis was ambiguous and could not be clearly identified, some vehicles not appearing on the 1982 tax rolls at all. The limousine was yet to be purchased and it has not been registered with the City Secretary. 7. The performance bond filed with the City Secretary will expire mid -year and it was unclear as to how many vehicles it was to incorporate. The City Garage inspected eleven of the vehicles to be submitted by Mr. Sexton and found the interiors and other requirements pursuant to the ordinance defective; that several of the vehicles did not have a city permit as issued in 1981; and the interiors of many of the vehicles needed to be cleaned and repaired. The staff recommended to Council that decals will be acquired and attached to each vehicle which is inspected and permitted in a manner similar to that used for wreckers. At the 8:30 Work Session, the Council asked City Attorney Ross to review the proposed ordinance and advise them as to what exact conditions they are to follow in considering this renewal. At the Regular Session, Mr. Ross read from the Code regarding the various requirements of the permittee and the terms and conditions under which a permit may be denied and/or revoked and he indicated to them their alternatives would be to renew the permit subject to various terms and conditions of the appli- cant, to deny the permit for specified reasons, or to table the matter notifying the applicant of their action and instructing him to submit additional information. Prefacing her comments, Councilwoman Baker stated that she felt that Mr. Sexton has been very derelict in his duties and responsibilities to the City while being the only permittee in taxicab service and Lubbock needs a cab service and a good cab service. She therefore moved that the item be tabled for two weeks and that Mr. Sexton be required at that time to fulfill all sections of the ordinance including that all vehicles be inspected and that a decal be attached showing that the inspection had been completed and, if he does not comply with all of the requirements, and condition of the ordinance, that the City Council take steps to suspend this permit at that time. The motion was seconded by Councilman Brown. Motion carried: 5 Yeas, 0 Nays. 82-41A-1230-1898 Consider a resolution authorizing the Mayor to sign the following lease agreements; (41),. 32-41A- 123Q=i.899 a. Delta Airlines' sublease from Texas International Airlines for space previously occupied —bv Continental Airlines. *Letter from Texas International Air - Resolution No. 1173 lines serving as Texas International has a basic lease of space at the airport terminal of 3,441.63 as Agreement located tal Airlines. in file. square feet. They moved into the space formerly leased by Continental Under the original contract, they cannot sublease this space without consent from the lessor (City). A sublease agreement between Delta and Texas International commenced June 3 and runs on a month to month basis until cancelled by either party on a 30-day written notice. The Airport Board has approved this matter and recommends approval by the Council. JMS /mck RESOLUTION NO. 1173 WHEREAS, Texas International Airlines, Inc., is a Lessee of the City of Lubbock under a Certificated Passenger Airline Lease, and WHEREAS, Texas International Airlines, Inc., has entered into an agreement to sublease to Delta Air Lines, Inc., certain premises held under the Certificated Passenger Airline Lease; and WHEREAS, Texas International Airlines, Inc., now seeks the approval and consent of the City of Lubbock for its agreement to sublease; and WHEREAS, the City Council Of the City of Lubbock finds that the public good will be served by giving such consent and approval; 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 document consenting to and IJ AUG 12 ,70 jo­? .. 1231 approving of the sublease to Delta Airlines, Inc., by Texas International Airlines, Inc., of certain leased premises located at the Lubbock Internati-nal Airport, which document, 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 12th day of August , 1982. ISI 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 mxz• • ••� ISI Joan M. Sherwin Joan M. Sherwin, Assistant City Attorney 82-41A-1231-1900 b. Dixie Petro -Chem, Inc. for storage tanks (41b) Resolution No. 1174 Dixie Petro -Chem Inc. has stored ammonia tanks on leased land at the Airport and the new lease is for a period of five years beginning June 16, 1982, ending June 15, 1987. There are no options and the rate is for $600.10 per year. The Airport Board has read and approved this agreement and recommends Council approval. JMS/mck RESOLUTION NO. 1174 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 Dixie Petro -Chem Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of August , 1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI 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 M. Sherwin Joan M. Sherwin, Assistant City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: NON -AERONAUTICAL LEASE AGREEMENT THIS AGREEMENT, entered into at Lubbock, Texas, by and between the CITY OF LUBBOCK, hereinafter referred to as "LESSOR11,'and DIXIE PETRO-CHEM, INC., 14330 Midway Road, Suite 122, Dallas, Texas, 75234, a Texas Corporation, hereinafter referred to as "LESSEE", Witnesseth: WHEREAS, LESSOR owns and operates a public airport designated as LUBBOCK INTERNATIONAL AIRPORT herein called "AIRPORT", and 1232 AUG, I � IQP? 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: A tract of land located in the Industrial Section, Lubbock International Airport, Lubbock County, Texas, which tract is a parcel of land out of Section 2, Block D-3, Lubbock County, Texas, located on the south side of Ninth Street and east of Avenue F, containing 8,825 square feet more or less, which parcel is more specifically described in Exhibit "A" attached hereto and made a part of this Lease Agreement by this reference thereto. The original term of this agreement shall be for a period of 5 years, commencing upon June 16, 1982 and ending June 15, 1987. ARTICLE II In consideration of the rights and privileges herein granted, LESSEE shall pay to the LESSOR a ground rental for 8,825 square feet at the rate of $.068 per square foot per year or SIX HUNDRED DOLLARS AND TEN CENTS ($600.10) per year commencing on June 16, 1982; LESSEE shall pay to LESSOR the rents set forth herein in annual payments in advance by the tenth day of January each year. The rent for the first and last years of the term of this lease shall be prorated, and the rent for the portion of the 1982 shall be payable upon execution of this Lease Agreement. The parties hereto mutually agree 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 Consumer Price Index. For the purpose of computing all adjustments, the Bureau of Labor Consumer Price 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 usefulness 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 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 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. LESSEE agrees to conduct its storage operation in a manner that prevents the odor of gas from becoming an annoyance to LESSOR, other tenants of LESSOR, their business visitors, or to members of the general public. 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 additions or improvements shall be subject 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. It is hereby acknowledged that title to the storage tank currently located on the leased premises as of the date of the execution of this Lease Agreement is vested in, and shall remain vested in, LESSEE, and said storage tank may be removed by the LESSEE at the expiration or termination of this Lease Agreement, provided however, that LESSEE is not in arrears in any rental or utility payments to LESSOR, and provided further, that LESSEE shall restore the premises to the same condition existing at the commencement of this lease, normal wear and tear accepted. 8. The LESSOR, acting by and through the Director of Aviation, or other 41JG 1233 F� 7] 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 business in the State of Texas, 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 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 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. 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 assessment 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 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 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 agentsand 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 age, 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 age, 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 I 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 n­ _-P i-l­ ___ - - - I .. . - . - - 1234 AUG12 198Z 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 ordinary wear and tear occasioned by normal and customary uses. complete and proper arrangement for the adequate sanitary 21. LESSEE shall provide a handling and disposal away from the Airport, of all trash, garbage and other refuse caused ha g ,. 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 a lien 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 any written renewal or extension of this Lease, expiration of this Lease Agreement without renewal or extension of this Lease, but shall such holding over shall not be deemed as a create only a tenancy from day to day which may be terminated at any time by LESSOR. w 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. 3. The breach by the LESSOR of any of the terms, covenants or 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: nable 1. If the odor of gas from the storage of LESSORSSdby tenantsSEorbtoomes the generalopublicto LESSOR, its tenants, the business visitors 2. 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. 3. If the LESSEE shall abandon and discontinue operations under this agreement. 4. 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. 5. 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. 6. 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. 7. 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 LESSEE required or appropriate under this lease shall be deemed sufficient if in writing and mailed by registered mail with postage prepaid to DIXIE PETRO-CHEM, INC., 14330 Midway Road, Suite 122, Dallas, Texas, 75234. 2. Should LESSOR institute legal tmadecollect hereinrentals reasonableunder sumthis shalllease be agreement or damages for breach of any covenant added to the amount of recovery for attorney's fees together with all costs of court. 1235 AUG 12 1982 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 BY: ISI Bill M(-Alict., BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaff ga 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: DIXIE PETRO-CHEM, INC. BY: IS/ -..Ronald E. Ciora TITLE: VP and General Manager ATTEST: /S/ R. C. Karm Secretary The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve Reso- lution 1173 authorizing the sublease agreement between Delta and Texas International Airlines, and to approve Resolution 1174 authorizing the agreement with Dixie Petro -Chem, Inc. for storage tanks. Motion carried: 5 Yeas, 0 Nays. 82-41A-1235-1901 Consider Bid #6812 for rent -a -car operations at Lubbock International Airport. and (42) authorize same: 82-41A-1235-1902 a. Presidential Leasing, Inc. (Avis). (42a) kLease agreement Resolution No. 1175 contained in file The City advertised for bids for three slots open to car rental operations at the Airport. The contracts are for five years; the contract will commence September 1, 1982 and expire August 31, 1987. The minimum guarantee sought by Presidential Leasing for five years is as follows: 9 First Year - $ 77,782.00 Second Year - 85,571.00 Third Year - 94,117.00 Fourth Year - 103,529.00 Fifth Year - 11312.872.00 Five Year Total $474,871.00 JMS:da RESOLUTION NO. 1175 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement between the City of Lubbock and PRESIDENTIAL LEASING, INC., for space and the privilege of conducting n car 1236 AUG I rental business at the Lubbock International Airport, which Lease 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. Passed by the City Council this 12th day of August - 1982. /S/ Bill McAlister BILL McALISTER, MAYOR 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: /S/ Joan M. Sherwin Joan M. Sherwin, Assistant City Attorney 82-41A-1236-1903 b. National Car Rental System, Inc. (42b) *Lease Agreement Resolution No. 1176 contained in file The minimum guarantee sought by National for five years is as follows: First Year $ 40,008.00 Second Year 50,004.00 Third Year 50,004.00 Fourth Year 55,008.00 Fifth Year 65,004.00 Five Year Total $260,028.00 JMS:da RESOLUTION NO. 1176 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement between the City Of Lubbock and NATIONAL CAR RENTAL SYSTEM, INC., for space and the privilege of conducting a car rental business at the Lubbock International Airport, which Lease 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. Passed by the City Council this 12th day of August �1982. /S/ Bill McAlister _ BILL McALISTER, MAYOR 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: /S/ Joan M. Sherwin Joan M. Sherwin, Assistant City Attorney 82-41A-1236-1904 C. Currey Enterprises, Inc. (Budget Rent-A-Car). (42c) No. 1177 *Lease Agreement Resolution contained in file The minimum guarantee sought by Currey Enterprises, Inc. d/b/a Budge Rent -a -Car for five years is as follows: 140C 1 . 1237 Fil First Year - Second Year - Third Year - Fourth Year - Fifth Year - Five Year Total $ 40,000.00 45,000.00 50,000.00 50,000.00 50,2000.00 $235,000.00 P 17 Q OT TTrV TnKT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement between the City of Lubbock and CURREY ENTERPRISES, INC., for space and the privilege of conducting a car rental b siness at the Lubbock International Airport, which Lease Agreement, attached herewith, shall be spread uFon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of August 1982. ISI Bill McAlister EUILTL_M`cA�LISTER, MAYOR ATTEST: ISI. 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 M. Sherwin Joan M. Sherwin, Assistant City Attorney Each company will pay the minimum guarantee or ten percent, whichever is greater. The Airport Board has reviewed each bid and contract and recommends approval. The motion was made by, Councilman Brown, seconded by Councilman Aderton to award Bid #6182 and to approve Resolution 1175 authorizing the contract with Presidential Leasing, Inc. (Avis); to approve Resolution 1176 authorizing the contract with National Car Rental System, Inc.; and. to approve Resolution 1177 authorizing the contract with Curry Enterprises (Budget Rent -a -Car). Motion carried: 5 Yeas, 0 Nays. 82-41A-1237--1905 Consider claims against the City (43) a. Claim No. 82-C-583 Helen Vargas $883.04 Damage to residence from flooding The motion was made by Councilman Brown, seconded by Councilwoman Baker to DENY the above referenced claim. Motion carried: 5 Yeas, 0 Nays. b. Claim Nc. 82-C-596 Russell Van Buskirk $475.00 Damage to truck due to elevated manhole The motion was made by Councilwoman Baker, seconiled by Councilman Brown to DENY the above referenced claim. Motion carried: 5 Yeas, 0 Nays. C. Claim No. 82-C-600 Jesse and Aurilla Salas $284.92 Automobile Damage The Motion was made by Counilwoman Baker, seconded by Councilman Brown to DENY the above referenced claim. Motion carried: 5 Yeas, 0 Nays. d. Claim No. 82-C602 Kim Barrow $100.00 Damage due to discontinuance of electric service The Motion was made by Councilwoman Baker, seconded by Councilman Brown fin nPNTV i-l­ 1238. AUG 12 1982 e. Claim No. 82-C-604 Mrs. Celestine Bennett $ 35.00 Reimbursement for wrecker fee The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to DENY the above referenced claim. Motion carried: 5 Yeas, 0 Nays. f. Claim No. 82-C-605 Adam's Distributing Co. $ 65.00 Reimbursement for wrecker fee The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to DENY the above referenced claim. Motion carried: 5 Yeas, 0 Nays. g. Claim No. 82-C-612 Sue Gentry $1500-00 Damage from waterline break Council was apprised by City Attorney John Ross that this claim has been settled. 82-41A-1238-1906 Consider Bid #6915 for copper cable (warehouse stock). (44) Item Temple, Incorporated Lubbock, Texas $3,912-16 Item 2 Westinghouse Electric Supply Co. Lubbock, Texas $38,398.50 82-41A-1238-1907 consider Bid #6916 for water items (warehouse stock). (45) Items 1,2,3,4,5,6,7,8 Western Industrial Supply Co. Amarillo, Texas Items 9,10,12,13,14, M. B. McKee Company Lubbock, Texas Item 11 C&C Municipal Supply Lubbock, Texas $2,758.70 82-41A-1238-1908 Consider Bid #6928 for electric items (warehouse stock). (46) Items 2,3,4,5 Westinghouse Electric Supply Co. Lubbock, Texas Item 6 Nelson Electric Supply Co. Lubbock, Texas $5,373.60 82-41A-1238-1909 Consider Bid #6936 for precast manhole materials (warehouse stock). (47) Low Bidder Gifford -Hill & Co., Inc. Amarillo, Texas $17,429.25 82-41A-1238-1910 Consider Bid #6922 for paint and supplies (Community Development). (48) Items 1,2,3,4 Kelley -Moore Paint Store Lubbock, Texas $9,646.56 82-41A-1238-1911 Consider Bid #6930 for I" water meters -(Water Meter Shop). (49) Low Bidder Viking supply Corporation Houston, Texas $13,002.00 Floyd Nesbitt, Director of Purchasing, indicated that all referenced bids were low bidders and met specifications. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to award the above referenced bids. Motion carried: 5 Yeas, 0 Nays. 82-41A-1238-1912 Consider Bid #6948 for used aving brick (Street Dept..), and associated items, as follows (50) (Revenue Sharina.§� CD funds): Earnings for the purchase of (a) Consider allocation of Revenue Sharing Interest Ea pavij�& brick. (b) Consider allocation of CD Contingency Funds for the transportation and cleaning of paving brick. On February 11, 1982, the Council adopted the policy Of protecting Lubbock's brick streets nq a reminder of the City's heritage. These bricks were _ manufactured between buv 1920-1930 by — -*--- �_i,- to some old �7, n 82-41A-1239-1913 (51) ��G 2 1Q0 123 9 . It was recommended that the Council approve $10,000 from our Revenue Sharing Interest Earnings to purchase these bricks and to approve the allocation of $21,000 from CD Con— tingency Funds to cover the transportation ($6,000) and cleaning costs ($15,000). This would enable the City to retain an adequate supply for the repair of the City's brick streets as needed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to award Bid #6948 to Cooper and Woodruff of Amarillo, to approve the allocation of $10,000 from Revenue Sharing Interest Earnings for the purchase of these bricks; and to approve the allocation of $10,000 from Revenue Sharing Interest Earnings for the purchase of these bricks; and to approve the allocation of $21,000 from CD Contingency Funds for the trans- portation and cleaning of the bricks. Motion carried: 5 Yeas, 0 Nays. Consider Bid #6921 for playground equipment (Parks & Rec.) (CD Funds). Item 1,2 Modlin Recreation Equipment Co. Arlington, Texas Items 3,4,8 Environmental Marketing of Southwest Dallas, Texas Item 5 Paul E. Allen Houston, Texas $1,339.00 EA. Item 6,7 Vaughn & Associates, Inc. Dallas, Texas Floyd Nesbitt, Director of Purchasing, indicated that all bids referenced above were low bidders and met specifications. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to award the above referenced bids. Motion carried: 5 Yeas, 0 Nays. THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public personally appeared Twi I a Aufi I l r Account Mai pers Corporation, publishers of the Lubbock Avalanche -Jo being by me duly sworn did depose and say that said newsp, than fifty-two weeks prior to the first insertion of this _ No. 579107 at ed copy of the Notice is a true copy Avalanche -Journal on the following dates: J u I y 31 f : `S • '�iPorf GPR i Account Manager LUBBOCK AVALANCHE-JOURNAL�" Southwestern Newspapers Corporation Subscribed and sworn to before me this 2nd day of Au�tl`{e, BONNIE IArXEE, NOTARY PUBLIC IN AND FOR THE STA TE OF TEXAS I MY (;OMMIS510N EXPIRES NOV. 10, 1984 AUG 3 1982 FORM 58-10 my &WLI'AnyAIR 82=41A I239— 1914 Hold a Public hearing for the Grantee Performance Report of the Community Development (16) Block Grant year ending May 30, 1982. *Publisher's Affidavit attached above. In accordance with the notice published in the Lubbock Avalanche —Journal on July 31, 1982, a public hearing was held on the above matter. This hearing is held in conformance with HUD's requirements that a performance report must be filed within 60 days from the end of the grant year. This report shows that all second, third, and fourth year projects have been completed; that two projects from the fifth CD year remain open which are as follows: a. Land Aquisition - Canyon Lakes #6 - The Canyon Lakes #6 Land Aquisition will be completed approximately May 31, 1983. There was difficulty in securing title to this property due to the owners being hard to locate. 1240 - AUG Sixth year projects have been completed with the exception of the following: a. Construction of Day Care Center #2 - Due to problems in acquiring land to construct this Day Care Center, selection of an architect has been delayed. b. Urban Renewal Activities - Most of the sixth year activities with a final completion date of December 1, 1982. C. South Lake 6 Road - The Engineering Department is developing the plans for the road on the south side of Lake #6 and bids will be let by December 31, 1982. d. George Woods Community Center Renovation - The contract has been awarded and completion date is set for January 15, 1983. e. Triple Pumper Fire Truck - This truck has been delivered to the City and final payment has been made. f. Huffman Athletic Complex - The parking lot and road paving are complete and work s commenced on the paving of the footing of the road. g. Land Use Update - The Planning Department is completing a portion of this plan and bids for a land use mass will be going in in the very near future. h. Renovation of the Mose Hood Softball Fields - The Parks Department has completed half of the renovation and is waiting for the current softball season to be completed. Regarding 1981-82 seventh year projects, all are progressing in a timely manner. There being no further discussion the hearing was closed at 11:05. 82-41A-1240-1915 Hold a public hearing on proposed uses of General Revenue Sharing ,Funds, Entitlement (17) Period XIV. *Pub's Affidavit In accordance with the Notice published in the Avalanche -Journal on July 31, 1982, a on page 1240A public nearing was held on the above matter. Appearances: Dennis Brice, on behalf of the Human Relations Commission Dr. Tom Neal, on behalf of the Health Board Dr. Don Craig, on behalf of the Health Board Mr. Brice, as chairman of the subcommittee for the disabled, apprised the Counc:l! 0-the difficulties that the citizens in wheelchairs have in using the facilities at the Auditorium and Coliseum; that there was no parking for the handicapped at the sorthwest corner of the Coliseum parking lot; that there were no curb cuts for the wheelchairs and there was difficulty in using the ramp leading into the Auditorium which is quite steep and very narrow; and an elevated platform be constructed at designated locations on an aisle in the Auditorium for seating purposes. Mr. Brice had a slide presentation to support his presentation. He was requesting that these matters be considered, and existing ramps, though inadequate, be modified to accommo- date these citizens and their use of the facilities. Drs. Neal and Craig requested the support of the Council in the renovation of the new health building located at Texas and 19th, to include an adaquate number of examination rooms. There being no further appearances, the hearing was closed at 12:00 noon. The total amount allocated for this Entitlement period is $3,121,213; the sum of $2,666,451 being allocated to Revenue Sharing, and the unused balance of $454,762 being allocated to Interest Earnings. The proposed uses are: a. Renovate Clapp Pool - This facility is located at 46th and Avenue U and was built in 1952. It carries the major volume of swimming uses and increased maintenance has necessitated the closing the facility on occasion throughout the season. This pool accounts for 45% of the total attendance at municipal -owned pools. $150,000 b. Video Tape Equipment (Fire/Personnel) - These departments are in need of video tape systems (camera, power pack, video player) for training purposes. $ 9,200 C. Traffic Improvements (Frankford Ave and Spur. 327) - During a previous public hearing, the Council was made aware of the problems that residents had in this area and the adjacent intersection. This particular location serves as a primary ingress/egress to the area and the funds would be used to install mast arms and an underground conduit if the creation meets traffic warrants. Also, it would include modification of Frankford Avenue north of Spur 327 and 66th Street. $ 40,000 d. Paving at the Municipal Garage - $213,000 would pave the parking area at the new garage facility on Municipal Hill and $50,000 would pave the new Southwest Fueling Site. $100,000 A4_­­4-- tlip rniinril Pxnressed an 1240A AUG 12 1982 PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee personally appeared Twi I a pers Corporation, publishers of , being by me duly sworn did depo than fifty-two weeks prior to the $84.00 ed copy of the Advertism Avalanche-,Journal�on the following }' Account Manager LUBBOCK AVALANCHE-JOURN Southwestern Newspapers Corpora Subscribed and sworn to before m' WNNIE Mr..IXEE, NOTARY PUBLIC IN AND FOR TIME STATE OF TEXAS FORM 58-10 MY COMMi"ON EXPIRES NOV. 1(),1"4 Item No. (17) located on page 1240 Fj i aE#-r �d j•JVL M4 SQVARY A .1241 I F_J f. Paper Shredder - This item was requested by Internal Auditing and is equipment needed for system -wide use for the proper disposal of documents after microfilming. $ 6,000 g. Portable Air Compressor (Street Dept.) - An 185CSM power portable air compressor for the Paved Streets Department is requested. $ 11,000 h. Building Completion (Municipal Garage) - This sum will provide surface coatings to the old and new buildings, security lighting, and rewiring of the old facility plus security fencing at the Municipal Garage Facility. $ 78,000 i. Container Maintenance (Sanitation) - Presently all maintenance for containers is done in-house, requiring two personnel renovating thirty containers per week. This request is to supplement the in-house maintenance with contract maintenance to prevent rapid deterioration of the containers in the field. There were 3,900 containers placed in service in 1972 and 1973 which are in need of repair. There were 2,655 units in service in 1974, of which one-half are in need of repairs. There are 9,600 which will need continual repairs over the next 5-7 years. It is on these facts that this request is made. $100,000 j. Multi -Channel Logging,System (Police Dept.) - This system is used to record all traffic over the department radios and has deteriorated prohibiting accurate I recording. The total cost of the system is $30,000 but with the trade-in value, the requested sum will suffice. $ 16,000 k. Water Rescue Equipment (Fire Dept.) - Fire Department personnel have relied on EMS for diving assistance in rescue operations and the Department plans to commence water recovery training for five Fire Department personnel. $ 16,000 1. Golf Course Renovation - This matter was discussed at a previous Council Work Session and would include development of the water supply from six wells, and installation of a new irrigation system for 27 holes, rebuilding the four greens, and the installation of 400,000 feet of new cart paths. $419,000 M. Fire Warning System (Warehouse, Electric Distribution, Data Processing Departments) A sum of $10,000 is needed to install a fire alarm system in the Electric Distri- bution Office and adjacent City Warehouse. This will provide protection for records, files plus the materials. Additionally, $25,000 is being requested to provide a halon fire suppressant system for the Computer Room in which is housed three computers with a retail value in excess of $1,500,000. There is no current fire suppressant equipment except for two hand -operated fire exstinguishers. The computer currently runs 168 hours per week and is manned 70 of those hours. This system would minimize any damage from actual fire. $ 35,000 n. Stage Lighting in the Auditorium - Most of the lighting fixtures are in need of replacement and existing instruments are 24 years old and in poor condition. This request would update and improve the lighting for this facility. $ 10,000 0. Building Renovation for Data Processing - Data Processing will be relocated to the location currently occupied by Urban Renewal and the new Traffic Control Signalization System will be located in the area presently occupied by Data Processing. This request is to provide for the acquisition of the building presently occupied by Urban Renewal and owned by the Chamber of Commerce as well as the accompanying renovation. $150,000 P. Building, Renovation for Miscellaneous - Additional space will be needed to house the various municipal functions and to acquire and renovate existing properties in the City. $1,200,000 q. Auditorium Renovation -Phase II - The Civic Center Board requested at Work Session funds to complete the second phase of the renovation of the Auditorium as follows: Auditorium and Balcony $50,000 Ticket Booths 4,500 Painting of Second -Floor and Restroom Partitions 4,800 Meeting Rooms on Second Floor 5,200 Carpeting throughout 30,000 Electrical 9,000 Stage Mask 9,000 Graphics 3,000 Architectural Fees and Misc. 9,400 TOTAL $124,900 This does not include any renovation of the stage, dressing rooms, landscaping, or other equipment. 124,2 AUG 12 1982 Coliseum Seating $97,000 Fees and Misc. 3,000 TOTAL $100,000 They are desirous of purchasing riser -type seating on the floor of the Coliseum and begin the replacement of the fixed seating. It is anticipated that Texas Tech will participate in the total project. $100,000 S. University Avenue Concrete Joints - Rather large gaps in the concrete surface in University Avenue between 4th and 19th Streets has resulted from the widening project and it is estimated by the City Engineer that the area adjacent of the joints will need to be repoured, or as an alternative, the joints can be filled with an epoxy resin counpound after cleaning them and sandblasting them, which would be a less expensive alternative. The completion of this project would require 6-8 weeks and would necessitate partial closing of the traffic on Univer- sity Avenue. In light of the upcoming Fall Semester, this may be delayed until subsequent time in the academic year. $ 85,000 LJ t. Renovation of the Health Building - These funds would allow for an additional Tour examining rooms in addition to the ten already planned; construction of a nursing staff area; completion of a dental section; completion of a chemical storage building on the south building of the new site location separate from the main facility; and the relocation of the existing telephone system into the new facility. $81,000 U. Sterilizer Autoclave (Health Dept.) - This equipment is requested to grow a Bacillus Thoringeinsis to be used to reduce the cost of larviciding mosquito breeding areas and would reduce costs in our vector control program. $ 12,013 V. Financial Audit $ 5,000 Additionally, it was recommended that the request of Mr. Brice, regarding the handicapped curb cuts, modification of ramps, and seating in the Auditorium on an elevated platform, be funded from CD Funds. These items were discussed at Work Session, and by Consensus, all will be submitted for final consideration at the second public hearing on August 26. The Revenue Sharing Funds will be available commencing October 1, 1982. 82-41A-1242.--1916 Consider establishing time and date for final public hearing on proposed uses for General (18) _Revenue Sharing Funds, Entitlement Period XIV. Upon reconvening at 2:20 p.m., the motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry that we hold a second public hearing at 11:30 a.m. on August 26 to consider the above referenced proposed uses for General Revenue Sharing Funds, Entitlement XIV. Motion carried: 5 Yeas, 0 Nays. 82-41A-1242--1917 Consider one appointment to the HUMAN RELATIONS COMMISSION to fill the unexpired term of (53) Tim Hatch, who has resigned. Appointed: Everette L. Abernathie 3427 - 61st (13) 799-1244 Insurance 3217 - 34th (10) 792-5166 Term: 8/12/82 - 5/25/84 82-41A-1242-1918 Consider one appointment to the CANADIAN RIVER MUNICIPAL WATER AUTHORITY. The term of (54) George Wilson expired 7/31/82. Reappointed: George C. Wilson 3303 - 40th (13) 799-2502 Lubbock Nat'l Bank #1005 747-7424 Term: 8/12/82 - 7/31/84 82-41A-1242-,1919 Consider three appointments to the Board of Trustees, LUBBOCK REGIONAL MHMR CENTER. The (55) terms of Jim Kimmel, Jan Rigsby and Dr. Rudy Arredondo expire 8/31/82. Reappointed: Jim Kimmel 2223 - 34th (10) 744-2353 5422 - 27th (07) 795-3781 Dr. Rudy Arredondo 3312 - 40th (12) 743-2804 Jan R. Rigsby 3604 - 63rd Dr. (13) 797-2203 1242 AUG 12 1982 Coliseum Seating Fees and Misc. TOTAL $97,000 3,000 $100,000 They are desirous of purchasing riser -type seating on the floor of the Coliseum and begin the replacement of the fixed seating. It is anticipated that Texas Tech will participate in the total project. $100,000 S. University Avenue Concrete Joints - Rather large gaps in the concrete surface in University Avenue between 4th and 19th Streets has resulted from the widening project and it is estimated by the City Engineer that the area adjacent of the joints will need to be repoured, or as an alternative, the joints can be filled with an epoxy resin counpound after cleaning them and sandblasting them, which would be a less expensive alternative. The completion of this project would require 6-8 weeks and would necessitate partial closing of the traffic on Univer- sity Avenue. In light of the upcoming Fall Semester, this may be delayed until subsequent time in the academic year. $ 85,000 t. Renovation of the Health Building - These funds would allow for an additional four examining rooms in addition to the ten already planned; construction of a nursing staff area; completion of a dental section; completion of a chemical storage building on the south building of the new site location separate from the main facility; and the relocation of the existing telephone system into the new facility. $81,000 U. Sterilizer Autoclave (Health Dept.) - This equipment is requested to grow a Bacillus Thoringeinsis to be used to reduce the cost of larviciding mosquito breeding areas and would reduce costs in our vector control program. $ 12,013 V. Financial Audit $ 5,000 Additionally, it was recommended that the request of Mr. Brice, regarding the handicapped curb cuts, modification of ramps, and seating in the Auditorium on an elevated platform, be funded from CD Funds. These items were discussed at Work Session, and by Consensus, all will be submitted for final consideration at the second public hearing on August 26. The Revenue Sharing Funds will be available commencing October 1, 1982. 82-41A-1242;--1916 Consider establishing time and date for final public hearing on proposed uses for General (18) Revenue Sharing Funds, Entitlement Period XIV. Upon reconvening at 2:20 p.m., the motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry that we hold a second public hearing at 11:30 a.m. on August 26 to consider the above referenced proposed uses for General Revenue Sharing Funds, Entitlement XIV. Motion carried: 5 Yeas, 0 Nays. 82-41A-1242--1917 Consider one appointment to the HUMAN RELATIONS COMMISSION to fill the unexpired term of (53) Tim Hatch, who has resigned. Appointed: Everette L. Abernathie 3427 - 61st (13) 799-1244 Insurance 3217 - 34th (10) 792-5166 1 Term: 8/12/82 - 5/25/84 82-41A-1242-1918 Consider one appointment to the CANADIAN RIVER MUNICIPAL WATER AUTHORITY. The term of (54) George Wilson expired 7/31/82. Reappointed: George C. Wilson 3303 - 40th (13) 799-2502 Lubbock Nat'l Bank #1005 747-7424 Term: 8/12/82 - 7/31/84 82-41A-1242-,1919 Consider three appointments to the Board of Trustees, LUBBOCK REGIONAL MHMR CENTER. The (55) terms of Jim Kimmel, Jan Rigsby and Dr. Rudy Arredondo.expire 8/31/82. Reappointed: Jim Kimmel 2223 - 34th (10) 744-2353 5422 - 27th (07) 795-3781 Dr. Rudy Arredondo 3312 - 40th (12) 743-2804 Jan R. Rigsby 3604 - 63rd Dr. (13) 797-2203 1243 AUG.1 Fj 82-41A-,1243-1920 Consider two appointments to the COMMUNITY DEVELOPMENT ADVISORY COMMITTEE, to fill the (56) unexpired 7term of Keith Samples (Sector V), who has moved out of town (term expires 5/31/83), and a representative of the Senior Citizen Association (George Dawson, deceased).. Appointed: Sector V Becky Peterson 4409 - 62nd (14) 797-5696 Senior Citizens Assn William H. Crutcher 3709 - 43rd (13) 799-2385 Term: 8/12/82 - 5/31/84 82-41A-1243-1921 Consider two appointments to the AIRPORT BOARD. The terms of Dr. LloVd.M. Garland and (57) George Miller expire 8/11/82. Reappointed: Lynn B. Rowan 3402 - 58th (13) 799-8364 1914 Clovis Rd (15) 763-4332 Appointed: Lloyd Croslin, Jr. 3714 - 63rd Dr (13) 799-2015 806 Avenue J (01) 765-8265 Mary Beth Scull 4706 - 22nd (07) 799-3903 Term: 8/12/82 - 8/11/85 82-41A-1243-1922 Consider one appointment to the CITIZENS TRAFFIC COMMISSION. The term of Harold Chatman (58) expired 77/1-3/82. Reappointed: Harold Chatman 2316 Date (03) 747-1868 Term: 8/12/82 - 7/13/85 The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve the above appointments as stated. Motion carried: 5 Yeas, 0 Nays. There being no further business, the motion was made by Councilman Brown, seconded by Councilman Aderton to adjourn at 3:00 P.M. Motio7npried.- 5 Yeas, 0 Nays. r 4�LL MicTALLIfSTER, MAYOR ATTEST: tV-ELYN GFGA, City 66feiary-Treasurer Read and approved this 26th day of August 1982. BltL Mc�AI,IgTtk, MAYOR ATTEST: EV LYN GAFVGA, ,tity Secietaryz!yreasurer SEAL