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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/9/1982RUMME", �4 1287 N 82-41A-1287-1982 (1) 82-41A-1287-1983 (2) 82-41A-1287-1984 (3) 82-41A-1287-1985 (4) 82-41A-1287-1986 (5) 32-41A-1287-1987 (6) 32-41A-1287-1988 (7) 32-41A-1287-1980 (8) 32-41A-1287-1990 (8a) CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 1982 At 8:30 a.m., the Mayor announced that an Executive Session would be held for the purposes of discussing land acquisition. This announcement is in accordance with Article 2, Section 6265-17, V.A.T.S. The City Council of Lubbock, Texas met for its regular meeting Thursday, Sep at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall. Those present: Mayor Bill McAlister, Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, Counc Baker, Councilman M. J. Aderton, City Manager Larry Cunningham, City Attorney J Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None The invocation was given by Councilman E. Jack Brown. 9, 1982, woman Joan n C. Ross, The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. Approval of Minutes - Regular Meeting, August 26, 1982. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve the minutes as submitted. Motion carried: 5 Yeas, 0 Nays. Board Appointments John W. Cobb, Jr. Lubbock Athletic Committee Rick Wolfe Lubbock Athletic Committee Larry D. Hays Lubbock Athletic Committee Proclamations "Contact Lubbock Sunday" - September 12, 1982 Receiving: Robert Wells, Contact Lubbock Director Bill Chapman, Contact Lubbock President "Forget -Me -Not Drive Days" - September 12-18, 1982 Receiving: Wallace Day Emory Wall Lester Dunn Sid Akins "Constitution Week" - September 17-23, 1982 Receiving: Mrs. Clyde Rodgers Dorothy Hughs "Zack Elkins' Days" - September 20-25, 1982 Receiving: Zack Elkins, Member, Lubbock Trail Riders Association, American Motorcycle Association. Richard Dickey Mr. Zack Elkins has qualified for competition in the United States International 6-day Enduro Team in Czechoslavakia. "American Business Women's DAy" - September 22, 1982 Receiving: Jackie Lindsey, American Business Women's Association Vice -President, Area 3. Charlsie Eubank Tr-ebble Russel SEP 9 1982 82-41A-1288-1991 Representative of the Lubbock Industrial Development Corporation will appear to request (9) final approval of sale of industrial revenue bonds for Ingersoll-Rand Corporation (Reso. 899, 9/10/81.) *Loan Agreement and Indenture of Trust Resolution No. 1195 along w/ invoices can be found w/ Mr. George Miller, member of the Lubbock Board of Trustees for the Industrial Development original Resolution Corporation appeared to request Council approval for the final sale of the $9 million and Company resolution. of industrial revenue bonds for Ingersoll-Rand. The Corporation approved this sale at the September 2 meeting. Ingersoll-Rand contemplates purchasing the Clark plant on Amarillo Highway. The application for this sale was approved in September 1981. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution No. 1195 authorizing the sale of the above referenced industrial bonds. Motion carried: 5 Yeas, 0 Nays. RESOLUTION NO. 1195 A RESOLUTION by the City Council of the City of Lubbock, Texas, approving agreements and a resolution authorizing the issuance of revenue bonds of the Lubbock Industrial Development Corporation relating to the financing of industrial or manufacturing facilities for Ingersoll-Rand Company. WHEREAS, the Lubbock Industrial Development Corporation (the "Issuer") has heretofore agreed to finance, in whole or in part, the costs of acquiring and constructing certain manufacturing or industrial facilities (the "Project") to be located in the City of Lubbock, Texas (the "City"), which are to be used in the trade or business of Ingersoll-Rand Company (the "Company"); and WHEREAS, final agreements in relation to financing the Project and a reso- lution adopted by the Board of Directors in the aggregate principal amount of $8,200,000, have been submitted to this Council for approval as required by Section 25(f) of the Development Corporation Act of 1979 (Article 5190.6, V.A.T.C.S.), as amended; and WHEREAS, this Council hereby finds and determines that the resolution of the Issuer authorizing the issuance of the Lubbock Industrial Development Corporation Adjust- able -Rate Industrial Development Revenue Bonds (Ingersoll-Rand Company Project) Series 1982 in the aggregate principal amount of $8,200,000, and the agreements executed in connection therewith, should be approved; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1 : That the resolution of the Board of Directors of the Issuer entitled as follows: "A RESOLUTION by the Board of Directors of the Lubbock Industrial Development Corporation authorizing the issuance of revenue bonds to be known as "Lubbock Industrial Development Corporation Adjustable -Rate Industrial Development Revenue -Bonds (Ingersoll-Rand Company Project) Series 1982" dated September 1, 1982; fixing the details and providing for the payment and security of such bonds; approving and authorizing the execution of a Bond Purchase Agreement, a Loan Agreement, and an Indenture of Trust in relation thereto; authorizing the use, execution, and distribution of an Official Statement; making certain findings, covenants, and declarations relating to such bonds and the issuance thereof; and resolving other matters incident and related to the subject and purpose of this Resolution." together with (i) the Indenture of Trust from the Issuer to Mellon Bank, N.A., Pittsburgh, Pennsylvania, as trustee, dated as of September 1, 1982, (ii) the Loan Agreement by and between the Issuer and the Company, dated as of September 1, 1982, and (iii) the Bond Purchase Agreement by and among the Issuer, the Company, and Morgan Stanley & Co. Incorporated are hereby in all respects approved and the use, execution, and distribution of the Official Statement is hereby approved. SECTION 2: The approval herein given is in accordance with the provisions of Section 25(f) of the Development Corporation Act of 1979, as amended, and is not to be construed as any undertaking by the City, and such bonds shall never constitute an indebtedness or pledge of the Issuer, the City, or the State of Texas within the meaning of any constitutional or statutory provision, and the holder of any funds raised or to be raised by taxation or any other revenues of the Issuer, the City, or the State of Texas, except those revenues assigned and pledged by the resolution authorizing the issuance of such bonds. SECTION 3: The programs and expenditures authorized and contemplated by the aforesaid documents are hereby in all respects approved. PASSED AND APPROVED, this September 9, 1982. /S/ Bill McAlister Mayor, City of Lubbock, Texas ATTEST: /S/ Evelyn Gaffga r4i-NT Qon-rintn-rN7 Citv of Tmhhook_ Texas OWE CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK I, the undersigned, City Secretary of the City of Lubbock, Texas DO HEREBY CERTIFY as follows: 1. That on September 9, 1982, the City Council of the City of Lubbock, Texas, convened in regular session at its regular meeting place in the City Hall of said City; the duly constituted members of the Council being as follows: BILL McALISTER MAYOR ALAN HENRY COUNCILMEMBERS M.J. ADERTON E. JACK BROWN JOAN BAKER and all of said persons were present at said meeting, except the following: all present Among other business considered at said meeting, the attached resolution entitled: "A RESOLUTION by the City Council of the City of No. 1195 Lubbock, Texas approving agreements and a resolution authorizing the issuance of revenue bonds of the Lubbock Industrial DeveloprAent Cor- poration relating to the financing of industrial or manufacturing facilities for Ingersoll-Rand Company." was introduced and submitted to the Council for passage and adoption. After presentation and due consideration of the resolution, a motion was made by Councilwoman Joan Baker that the resolution be finally passed and adopted. The motion was seconded by Councilman E. Jack Brown and carried by the following vote: 5 - voted "For" -0- voted "Against" -0- abstained all as shown in the official Minutes of the Council for the meeting held on the aforesaid date. 2. That the attached resolution is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the City Council on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, each member of the Council was given actual notice of the time, place, and purpose of the meeting and had actual notice that the matter would be considered; and that said meeting, and deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the entitled resolution, was posted and given in advance thereof in compliance with the provisions of Article 6252-17, Section 3A, V.A.T.C.S. IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal of said City, this September 9, 1982. /S/ Evelyn Gaffga City Secretary, City of Lubbock, Texas (City Seal) GENERAL CERTIFICATE OF CITY THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK I, the undersigned, City Secretary of the City of Lubbock, Texas (the "City") i do hereby make this certification for the benefit of all persons interested in the issuance] by the Lubbock Industrial Development Corporation (the "Issuer") of its $8,200,000 Adjustable -Rate Industrial Development Revenue Bonds (Ingersoll-Rand Company Project) Serie 1982, dated September,l, 1982 (the "Bonds"). On behalf of the City, I hereby certify that:il 1290 1. The Issuer was approved and authorized to be created to act on bahalf of the City pursuant to a resolution duly adopted by the City Council of the City of Lubbock, on March 13, 1980, which resolution also approved the Articles of Incorporation and Bylaws of the Issuer, and the Certificate of Incorporation for the Issuer issued by the Secretary of State of the State of TExas, and said resolution is on file and of record in the official records of the City. 2. The duly qualified and acting members of the Board of Directors of the Issuer, appointed by the City Council of the City, are as follows: B. C. McMinn George Miller Marion Sanford Bob Suter George Scott, Jr. Moises Perez Alan Henry President Vice President Secretary/Treasurer Directors 3. The City Council has, by written resolution, dated September 9, 1982, speci- fically approved the issuance of the Bonds and the documents relating thereto in the amount and for the purpose set forth therein. 4. The City has approved all programs and expenditures of the Issuer in connection with the issuance of the Bonds and the transactions contemplated thereby. WITNESS MY HAND AND THE OFFOCIAL SEAL OF THE CITY, this September 9, 1982. (City Seal) /S/ Evelyn Gaffga City Secretary, City of Lubbock, Texas 82-41A-1290-1992 Ordinance No.8357 (10) An ordinance amending Ordinance 8190 removing traffic signals at 10th St. and Avenue I, * Amends Ordinance No. loth St. and Avenue S, Main and Avenue S. and Main St. and Avenue T; and approve the 8190 (5-28-81) traffic signal at 14th St. and University, as installed. • Ord 8271 (1-14-82) amends Ord 8190. • Ord 8279 (2-11-82) SMH:da ORDINANCE NO. 8357 amends Ord 8190. * Ord 8190-A (6-9-83) AN ORDINANCE AMENDING ORDINANCE NO. 8190 TO PROVIDE FOR THE REMOVAL OF A TRAFFIC amends Ord 8190. SIGNAL AT LOTH STREET AND AVENUE T, 10TH STREET AND AVENUE S, MAIN STREET AND AVENUE S * Ord 8190-B (9-8-83) AND MAIN STREET AND AVENUE T; TO PROVIDE FOR THE APPROVAL OF A TRAFFIC SIGNAL LOCATED amends Ord 8190. AT 14TH STREET AND UNIVERSITY AVENUE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 82-41A-1290-1993 (11) Ordinance No. 8358 An ordinance establishing an Animal Shelter Advisory Subcommittee, providing for ex- offi-cio members to the City Health Board. DGV:js ORDINANCE NO. 8358 AN ORDINANCE AMENDING SEC. 15-3 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, TO PROVIDE FOR ADDITIONAL EX OFFICIO MEMBERS OF THE LUBBOCK BOARD OF HEALTH COMPOSING AN ANIMAL SHELTER ADVISORY SUBCOMMITTEE; AND PROVIDING A SAVINGS CLAUSE. 32-41A-1290-1994 Ordinance No. 8360 (12) An ordinance prohibiting.smoking in bed in.a hotel or motel room and requiring posting of warning signs so stating. KJ:cl ORDINANCE NO. 8360 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED FIRE PROTECTION, BY ADDING SECTIONS 12-3, 12-4 AND 12-11, PROVIDING THAT SMOKING IN BED IN A HOTEL OR MOTEL ROOM SHALL BE PROHIBITED AND PROVIDING A REQUIREMENT THAT THE OPERATOR OF PREMISES HOUSING A HOTEL OR MOTEL SHALL POST AND MAINTAIN A WARNING SIGN BEARING THE PROHIBITION OF SMOKING IN BED IN A HOTEL OR MOTEL ROOM AND PROVIDING THAT VIOLATION OF ANY PROVISION OF THIS ARTICLE SHALL BE DEEMED A MISDEMEANOR; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 1291 82-41A-1291-1995 (13) sti Amends Ordinance No. 8098 182-41A-1291-1996 (14) 1* Amends Ordinance No. 7489 82-41A-1291-1997 } (15) !82-41A-1291-1998 (16) 82-41A-1291-1999 (17) * Amends Ordinance No. 7083 and Ordinance No. 7896, also Ordinance No. 7995. 82-41A-1291-2000 (18) Ordinance No. 8361 An ordinance establishing residential/commercial charges for garbage and trash collection. DGV:da Ordinance No.8861 AN ORDINANCE AMENDING SEP. 14-7.3, SUBSECTIONS (a) (1) and (a) (2) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, PERTAINING TO CHARGES FOR RESIDENTIAL GARBAGE AND TRASH COLLECTION, BY AMENNDING THE LANGUAGE OF SAID SUBSECTIONS TO READ AS IS HEREINAFTER SET OUT: PROVIDING A SAVINGS CLAUSE: AND PROVIDING FOR PUBLICATION. Ordinance No. 8362 An ordinance changing rates for sewer service effective October 1, 1982. DGV:da ORDINANCE NO. 8362 AN ORDINANCE AMENDING SUBSECTION (c) OF SECTION 34-73'OF'THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, CHANGING THE RATES FOR SEWER SERVICE WITHIN THE CITY OF LUBBOCK EFFECTIVE OCTOBER 1, 1982; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8363 An ordinance adopting proposed budget for 1982-83 fiscal year. This item was held. Ordinance No. 8364 An ordinance setting the tax rate for 1982-83. This item was held. At the 8:30 A.M. Work Session Mayor McAlister announced that Item Nos. 15 and 16 would be considered at the September 23, 1982 Council Meeting. Ordinance No. 8359 An ordinance amending Chapter 4 of the Code of Ordinances regarding animal control operations and changing the name to Animal Control Facility. At the first reading, questions were raised as to the City's liability for the destruction of an animal brought in by the citizen and which subsequently could be destroyed within twenty-four hours if the animal is not adoptable; problems could arise by the wrong "owner" impounding the animal or offering it for adoption without proper authority. The staff has conferred with the Humane Society and other private animal care organizations and their adoption policy is to shelter the animal for twenty-four hours to allow for adoption; they do have a release form which the citizen signs certifying to the ownership of the animal; and in the event the animal is unadoptable or cannot be adequately identified, the animal is retained for 72 hours before being destroyed. This ordinance removes the City from any adoption proceedings whatsoever. DGV/mck ORDINANCE NO. 8359 AN ORDINANCE AMENDING CERTAIN PORTIONS OF CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ANIMAL CONTROL OPERATIONS, AND PROVIDING A SAVINGS CLAUSE. Ordinance No. 8351 An ordinance abandoning and closing a portion of Paris Avenue in the G. A. Rush Addition. American State Bank requested this closure subsequent to the first reading; it is now agreed that the closure at the south end be reduced five feet to allow for a better arrangement and this has met the approval of both City staff and adjacent property owners. It is recommended that a second and final reading be considered subject to the south end being reduced five feet. 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. 1292 82-41A-1292-2001 Ordinance No. 8356 (18a) Amends Ordinance An ordinance amending Ordinance No. 7085 providing for parking spaces for theaters and No. 7084 game rooms. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance Nos. 8357, 8358, 8360, 8361, 8362 on second and final reading; and to pass Ordinance No. 8351 on second and final reading subject to the closure on the south end being reduced five feet; and to pass Ordinance Nos. 8359 and 8356 on second and final reading as amended. Motion carried: 5 Yeas; 0 Nays. SMH/mck ORDINANCE NO.,8356 AN ORDINANCE AMENDING ORDINANCE NO. 7084, CITY OF LUBBOCK, TEXAS, (BEING THE ZONING ORDINANCE), BY AMENDING SECTIONS 17 AND 19 THEREOF TO PROVIDE SPACES FOR THEATERS AND GAME ROOMS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41A-1292-2002 ordinance No. 8342 (19) An ordinance levying assessments on the paving.ojf streets and alleys as itemized in the 19_82 Paving Program (GWO 11,593). *SEE Resolution 1196 (9-9-82) for Original Contract with Kerr ORDINANCE NO. 8342 Construction. AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF NOTE: Other resolutions IMPROVING A PORTION OF THE FOLLOWING ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: related to Ordinance 8342 THE EAST -WEST ALLEY ABUTTING LOTS 1 THROUGH 16, BLOCK 2, ANDERSON SUBDIVISION: THE EAST- listed below with Reso. WEST ALLEY ABUTTING LOTS 1 THROUGH 18, BLOCK 1, EUBANKS-FORT ADDITION: THE EAST -WEST 1196. ALLEY ABUTTING LOTS 680 THROUGH 696, MELONIE PARK ADDITION: AND THE EAST -WEST ALLEY ABUTTING LOTS 2 THROUGH 19, BLOCK 2, SQUYRES PLACE ADDITION: AND INCLUDING A PORTION OF THE FOLLOWING STREETS: 59TH STREET,, 60TH STREET, 61ST STREET, 62ND STREET, 63RD STREET, 64TH STREET, 65TH STREET, TOLEDO AVENUE, VICKSBURG AVENUE, WAYNE AVENUE, YORK AVENUE, 80TH STREET, AKRON AVENUE, GRINNELL STREET, AVENUE 'IS", DOVER AVENUE, 74TH STREET, 77TH STREET, 76TH STREET, AVENUE 'IF", ELGIN AVENUE, AVENUE "B", ASH AVENUE, AND UNIVERSITY AVENUE, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL.) 32-41A-1292-2003 (20) Specifications and Contract Documents for 1982 Paving Assessment Program located in file with original resolution. *SEE Resolution 1052 (3-25-82) Additions to 1982 Paving Assessment Program. *SEE Resolution 1098 (5-13-82) Prep & File Estimate Rolls - 1982 Paving Assess. Prog. *SEE Ordinance 8342 (9-9-82) 1982 Paving Assessment Program. *SEE Resolution 1407 (6-9-83) Paving Improve- ments ACCEPTED.— 1982 Paving Assessment Prog. *SEE Resolution 1422 (7-14-83) Portions of 1982 Paving Assessment Program ACCEPTED. Consider Bid #6961 for 1982 Paving Assessment Program, and authorize same (Engineering Dept.). Resolution No. 1196 Low Bidder Kerr Construction Company Lubbock, TX ($559,700-60) The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance No. 8342 on third and final reading; to award Bid No. 6961 to Kerr Construction Company of Lubbock; and to pass Resolution No. 1196 authorizing the contract with Kerr Construction. Motion carried: 5 Yeas, 0 Nays. DGV: cl P"P Q OT TTT T CW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract between the City of Lubbock and Kerr Construction Company, for the paving improvements to be constructed on the 1982 Assessment Paving Program (G.W.O. 11,593) on various streets in the City of Lubbock, Lubbock County, Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. PASSED BY THE CITY COUNCIL THIS 9th — day of September, 1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga...--._ Evelyn Gaffga, City Secretary -Treasurer AnDDn1TVn A Tn VnPM- 1293 82-41A-1293-2004 (25) General Conditions of the Contract for Con- struction applying to referenced contract herein are located in file w/ original Reso- lution and Supplemental Agreement #1. See Resolution No. 1023, 1/28/82 for Original Contract. Consider approval of a supplemental contract Inc. 'j�E .providing foi ofessional architectural Resolution No. 1197 between BGR Architects and KHC Systems, services. The preliminary estimates for the study exceeded the $364,000 allocated and the staff was instructed by the Council to direct the architect and KHC to revise the plan as much as possible to decrease the amount of overruns. BGR Architects submitted two proposals, one of which showed that total construction had been revised, including their fees, to $273,000. The feasibility study budget was approved for $280,000. The architect has already been paid $4,000, according to our agreement with KHC, which leaves a balance of $19,000 for final plans and specifications. The reference supplemental contract is in the amount of $21,830 authorizing the architect to complete the final plans and specifications for the building improvements. It is anticipated that the matter will be submitted for bid in December. The motion was by Councilman Brown, seconded by Mayor Pro Tem Henry, to pass Resolution No. 1197 authorizing the above referenced supplemental contract. Motion carried: 5 Yeas, 0 Nays. SMH: d a RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Supplemental Agreement #1 for Architectural and Engineering Services between KHC Systems, Inc. and the City of Lubbock, Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this-9th .day of September .11982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Bertram Jim Bertram, Director of Planning APPROVED AS TO FORM: ISI Susan Horton Susan M. Horton, Assistant City Attorney SUPPLEMENTAL AGREEMENT #1 FOR ARCHITECTURAL AND ENGINEERING SERVICES Between KHC SYSTEMS, INCORPORATED And THE CITY OF LUBBOCK, TEXAS THIS SUPPLEMENTAL AGREEMENT #1, made and entered into this 9th _ day of September, 1982, by and between the City of Lubbock, Texas, hereinafter referred to as the CITY, and KHC Systems, Incorporated, a corporation organized and existing under and by virtue of the laws of the State of North Carolina and using offices at Suite 120 - Box 116, 5310 Harvest Hill Road, Dallas, Texas 75230, hereinafter referred to as the CONSULTANT, modifies the AGREEMENT between the CITY and the CONSULTANT dated January 28, 1982. WHEREAS, the CITY desires to employ the CONSULTANT to perform the professional services for preparation of contract documents for architectural and engineering work for the Traffic Control Center and offices at City Hall and Operational Adjustment Center remodeling and new additions at existing shop facilities. 1294 3i NOW THEREFORE, in consideration of the services to be performed and the compensation to be paid for such services, the parties hereto agree to be bound by the terms, conditions, and regulations as set forth hereinafter. I. SCOPE OF WORK The CONSULTANT agrees to retain an architect to prepare contract documents, assist with bidding and conduct contract administration activities in accordance with the attached sub -contract (Exhibit A) and A.I.A. document A201-1976 (Exhibit B) as attached. In addition, the CONSULTANT agrees to administer the architectural sub -contract and conduct the necessary reviews to assure the final contract documents meet and satisfy the needs for the modernized traffic signal system for Lubbock. II. COMPENSATION AND METHOD OF PAYMENT A. For the satisfactory performance of the professional services described in Article I, Scope of Work, the CITY agrees to compensate the CONSULTANT for services under this Supplemental Agreement #1 by the total sum of $21,830.00 on the basis of monthly progress reports and certified invoices submitted by the CONSULTANT relative to services provided in accordance with the terms of this Supplemental Agreement. Payment of the above sum shall be considered full compensation for work performed and services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work . B. Invoicing procedures shall conform to the requirements of the AGREEMENT. Invoices shall represent the value of the partially completed work computed on a proportional basis for each work item. C. After completion of all services contained in the Supplemental Agreement and acceptance of the work by the CITY, the CONSULTANT will be paid an amount equal to 100 percent of the fee specified in paragraph II.A. including any adjustments by Supplemental Agreements, less any amounts previously paid. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed on the aforementioned date. ATTEST: Assistant Secretary KHC Systems, Incorporated ATTEST: -/S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: -/S/ Jim Bertram Jim Bertram, Director of Planning FIX a M M RIN M M FIX 0 ism 111r.1 0 F ISI Susan Horton Susan Horton, Assistant City Attorney KHC SYSTEMS, INCORPORATED By C. E. Vick, Jr., P.E., AICP President CITY OF LUBBOCK BY:/S/ Bill McAlister BILL McALISTER, MAYOR 82-41A-1294-2005 Consider authorizing a request to the Department of Housing and Urban (26) Development for additional Section� _8Existing Housing Certificates. The Section 8 Housing Program provides rent subsidies for eligible low- income individuals and families to rent decent and safe housing anywhere in the city. The 1981 Housing Assistance Plan, approved by HUD, and administered by the Lubbock Housing Authority, received 99 Section 8 Housing Certificates, all of which have been issued. HUD has recently notified the Authority that additional certificates are available on a first -come, first -serve basis. The Authority, therefore, requests fifty additional certificates and this request requires Council approval. If approved, the total allotment will be for 149 units. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Npnry fn nnnrnxrP f"hp nhmrp rpniip.qt niif'hnri7inQ fifty ndditinnnl qprtinn 1295 SEP 9 1992 82-41A-1295-2006 (27) Consider approval of_expenditures ,related to remodeling and renovation of Auditorium - Coliseum projects, as follows: a. Allocation from CD Contingency Funds for access to the Auditorium -Coliseum for the handicapped. At the August 12 meeting, the Civic Center's Board submitted to the Council for consideration cost estimates for the renovation of the Auditorium -Coliseum. At that time, Dennis Brice presented proposals for renovation and additional access for the handicapped in that they are using these two facilities, said requests to reflect curb cuts, reserved parking spaces, ramp and seating modification both for the Auditorium and the Coliseum, as well as restroom and water fountain renovation. At that meeting, the Council was apprised that these matters could be funded with Community Development Funds. The cost estimates for those requests made on August 12 and other renovation planned for the Auditorium -Coliseum that affects the handicapped, are as follows: Parking signs and curb cuts $1,000 Auditorium ramp modification 3,500 Auditorium seating for handicapped 1,500 Coliseum seating for handicapped 3,500 Coliseum restrooms 32,000 Water fountains (2) 1,500 Auditorium restrooms 3,000 TOTAL $46,000 The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry, to allocate $46,000 from CD Contingency Funds for the renovation and modifications as itemized above. Motion carried: 5 Yeas, 0 Nays. b. Consider Bid #6940 for renovation of restrooms in the Coliseum (Revenue Sharing/Community Development funds), and authorize same. Resolution No. 1198 Renovation of four of eight restrooms for the Coliseum was approved and Revenue/Sharing funds were allocated. The next phase of the project was to improve the remaining four and bids have been let for the entire project as follows: Low Bidder Lubbock Development Lubbock, Texas ($84,119.00) In light of the allocation of CD Contingency Funds for the modification of all restrooms for the handicapped, that makes available an additional $32,000 to be utilized on the next priority of this project. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to award Bid #6940 to Lubbock Development Company, referenced above, and to,pass Resolution No. 1198 authorizing the contract for same. It is understood that the $32,000 CD funds will be used for the next priority on this Auditorium -Coliseum project. Motion carried: 5 Yeas, 0 Nays. JMS /mck RESOLUTION No. 1198 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between the City of 1296 SEP 9 1982 Lubbock and Lubbock Development Co., Inc., for the renovation of restroom areas in Lubbock Municipal Coliseum pursuant to Bid No. 6940, which contract, attached herewith shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 9th day of September - , 1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga__ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: ./S/ Joan-M. Sherwin Joan M. Sherwin, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 9th day of September -, A.D. 1982, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Bill McAlister , Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and of the City of and State of Lubbock -Development Co., Inc P.O. Box 65251. Lubbock, Texas 79464 Lubbock Texas . County of Lubbock hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: All labor and materials for renovation of restroom areas in Lubbock Municipal Coliseum as per City of Lubbock Bid No. 6940 in the amount of $84,119.00. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. 1297 The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the contract documents and.to make payment on account .thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in — Lubbock, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS ISI Bill McAlister 9ST"11 ATTEST: IS/ Fvelv-n G&ffga City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: ISI Joan M. Sherwin Joan Sherwin, Assistant City Attorney CONTRACTOR BY: TITLE: ATTEST: Secretary COMPLETE ADDRESS: 82-41A-1297-2007 Consider a resolution accepting paving improvements for Lots 160-188, Whisperwood (28) Addition. Resolution No. 1199 JCR/mck RESOLUTION No. 1199 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Whisperwood Addition Lots 160 through 188 made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Whisperwood Addition Lots 160 through 188 including the following streets: 1st Place from its intersection with the West lip line of Utica Avenue to its intersection with the Cul-de-sac West of Utica Avenue known and designated as New Subdivision Sub -Unit Number 96 of Unit Number 2028. Utica Avenue from its intersection with a line 15.00 feet North of the North property line of 2nd Street to its intersection with a line 15.00 feet North of the North property line of 1st Street known and designated as New Subdivision Sub -Unit Number 97 of Unit Number 2028. 1st Street from its intersection with the East lip line of Utica Avenue to its intersection with a line 7.00 feet West of the West property line of the alley East of Utica Avenue known and designated as New Subdivision Sub -Unit Number 98 of Unit Number 2028. .• 82-41A-1298-2008 (29) AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with the provisions of the City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the !_J 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). up This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9TH DAY OF SEPTMEBER, 1982. ATTEST: /S/ Bill McAlister BILL McALISTER, MAYOR /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: APPROVED AS TO FORM: /S/ Don Jennings ISI John Ross, Jr. Don Jennings, City Engineer John Ross, Jr., City Attorney Consider a resolution accepting paving improvements on Tract A, South Baptist Church Addition. Resolution No. 1200 JCR/mck RESOLUTION No. 1200 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Redbud South Baptist Church Addition, Tract "A" made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Redbud South Baptist Church Addition, Tract "A" including the following streets: East 1/2 of Vernon Avenue from its intersection with a line 7.00 feet South of the South property line of the alley South of 84th Street to its intersection with the Cul-de-sac South of 82nd Street known and designated as New Subdivision Sub -Unit Number 83 of Unit Number 2028. South 1/2 of 82nd Street (Curb and Gutter only) from 140.53 feet East of the West property line of Lot No. 230 Bicentennial Estates Addition to its intersection with a line 501.53 feet East of the West property line of Lot No. 230 Bicentennial Estates Addition known and designated as New Subdivision Sub -Unit Number 84 of Unit Number 2028. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost (and to release escrow money). F" This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 1982. ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer /S/ Bill McAlister BILL McALISTER, MAYOR 1299 �82-41A-1299-2009 (30) Consider a resolution accepting 1982 Maintenance Seal Coat Program, and authorize final Davment (GWO 3300). Resolution No. 1201 See Resolution No. 1117, 5/27/82, for The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Contract. Resolution No. 1199 accepting the paving improvements for Lots 160-188, Whisperwood Addition; to pass Resolution 1200 accepting paving improvements on Tract A, Redbud South Baptist Church Addition; to pass Resolution 1201 accepting the 1982 Maintenance Seal Coat Project and authorizing final payment to the contractor. Motion carried: 5 Yeas, 0 Nays. JCR/mck RESOLUTION No. 1201 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: WHEREAS, the City of Lubbock awarded a contract May 27, 1982 authorizing the construct of street maintenance improvements by Jake Diel Dirt and Paving, Inc. on a portion of the following: Maintenance Seal Coat on City Streets (G.W.O. 3300) AND WHEREAS, the improvements upon the said portion of city streets have been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portion of City Streets be, and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the final payment to the Contractor in the amount of $281,105.75. II. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: ISI John Ross, Jr. John Ross, Jr., City Attorney 82-41A-1299-2010 Consider a resolution authorizing a Street Use License to Carbon Dioxide (31) Technology Corporation for a portion of Peach Avenue. Map attached to Resolution No. 1202 Street Use License filed w/ original Carbon Dioxide is requesting permission to construct a pipeline under Peach Street to the resolution. canyon for the purpose of carrying waste water from the plant. This waste water is similar to the blow -down water that LP&L disposes of, and will be monitored by the State. The Reso.1202 was recinded license covers the intersection of Peach Avenue and Southeast Drive; the line will be by Reso. #1228 10/14/82buried at least 40 inches below the surface and have a steel casing. The license is for 20 years at $50 per year, with the first five years being paid in advance. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 1202 authorizing the referenced street Use License to Carbon Dioxide. Motion carried: 5 Yeas, 0 Nays. 1300 JWF':�-cl RESOLUTION No. 1202 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for, and on behalf of the City of Lubbock a Street Use License in regards to a portion of Peach Street in favor of Carbon Dioxide Technology Corporation, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: day of September ,1982. -/S/ Bill McAlister BILL McALISTER, MAYOR _/S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK This indenture made this 9th day of September -9 1982, being the date of this Agreement, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and CARBON DIOXIDE TECHNOLOGY CORPORATION, Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct and maintain a pipeline, this license being classified as a subsurface license, and said pipeline shall be buried 40 inches below the ground surface and shall be cased with steel casing as approved by the City Engineer of the City of Lubbock, at the following area and location: Extending over, through, along, and across Peach Avenue, located in Section 11, Block S, G.C. & S.F. R.R. Co. Survey, Lubbock County, Texas and is a 30 feet wide area described by its centerline as follows: Beginning at a Y' iron rod set in the West line of Section 11, Block S. G.C. & S.F. R.R. Co. Survey, Lubbock County, Texas and in the West right - of -Way line of Peach Avenue which bears N. 00'44' W. a distance of 1621.41 feet from the Southwest corner of said Section 11; THENCE N. 47040'47" E. a distance of 56.63 feet to a '-2" iron rod set in the Southwesterly right-of-way line of Southeast Drive. 1. LICENSEE is further granted a temporary license which shall be for a term of one year from the date first hereinabove set forth which shall be for a working area ten feet in width on either side of the above -described tract of land. LICENSEE shall barricade and light such areas and make such areas safe during construction times or repair work times. The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event unless either party shall give written notice of termination to the other party sixty (60) days before the expiration of the first, second, or third five (5) year term as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this license with or without cause upon thirty (30) days notice to LICENSEE. Said 1301 ME= Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of TWO HUNDRED FIFTY AND NO1100 DOLLARS ($250.00) cash in advance contemporan with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this license, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK based on an appraisal of the fair market value of,such land by the Right -of -Way Department of the CITY OF LUBBOCK as applied to the formula for determin such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing ninety (90) days before the start of the five (5) year term to which such change in rate shall apply, and if such notification be not timely made then the rate for the preceding five (5) year term shall apply. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving., sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 4. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 5. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenaLl� permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractors, when engaged in the construction, repair or maintenance permitted herein, to furnish, 11' without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in I the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performanc'! of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 7. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph Five (5). ,ly 1302 SEP g 19 8 Z 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK BY /S/ Bill McAlister BILL McAlister, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer AGREED TO AND ACCEPTED this 9th day of September 1982. LICENSEE: CARBON DIOXIDE TECHNOLOGY CORPORATION BY PRESIDENT 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 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared BILL McALISTER, Mayor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1982. Notary Public, Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared .President of Carbon Dioxide Technology chnology Corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1982. Notary Public County, Texas 1303 82-41A-1303-2011 Consider a resolution authorizing the Mayor to sign an application proposing (32) a Community Services Block Grant program administered by TDCA. Community Services Resolution No. 1203 Block Grant Work Program & Budget Community Services is proposing a program designed to assist and provide activities for Data w/ original the low to moderate income persons, with emphasis on information and referral. This resolution in file. program will assist persons in locating private and public places for help and should be fully implemented on October 1, 1982. This provision includes the implementation of a Community Services Block Grant provided by the Federal Department of Human and Health Services, and administered by the TDCA. The program includes outreach and neighborhood development, in addition to the information and referral phase. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolu No. 1203, authorizing the Community Services Block Grant Program. Motion carried: 5 Yeas, 0 Nays. DGV:da RESOLUTION No. 1203 WHEREAS, the Community Services Department of the City of Lubbock, Texas, desires to submit a proposal for a Community Services Block Grant; and WHEREAS, the City Council of the City of Lubbock has determined that said Community Services Block Grant, if received, would be in the best interest of the health, safety and welfare of the citizens of the City of Lubbock; 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 sign an application (CSBG Form 419) proposing a Community Services Block Grant program for the City of Lubbock in the amount of $142,586.00 for the period of October 1, 1982 to September 30, 1983. Passed by the Council this 9th day of September , 1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Denzel Percifull Denzei- Eercitull, Director of Public Services APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney 82-41A-1303-2012 Consider a resolution authorizing the Mayor to execute a contract with (33) the Texas Department of Human Resources for an Energy Crisis Intervention Grant. Resolution No. 1204 This program provides individual households with assistance in payment of utilities. There are three hundred and seventy-three households estimated at a maximum assistance of $90 per household. The total con -tract is for $39,933. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolut No. 1204 authorizing the above referenced contract. Motion carried: 5 Yeas, 0 Nays. DGV: da RESOLUTION No. 1204 WHEREAS, the City of Lubbock has heretofore submitted a Proposal for an Energy Crisis Intervention Program, which Program has been accepted for funding; and WHEREAS, the City Council of the City of Lubbock believes it to be in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to execute a contract implementing said program; NOW THEREFORE: 1304 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 a contract with the Texas Department of Human Resources in the amount of $36,933.00 for the period October 1, 1982 through September 30, 1983. A copy of said contract is attached hereto to be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resoluction as if fully copied herein in detail. Passed by the Council this 9th day of September /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney STATE OF TEXAS § COUNTY OF TRAVIS § CONTRACT NUMBER K001 CONTRACT FOR ENERGY CRISIS INTERVENTION Between TEXAS DEPARTMENT OF HUMAN RESOURCES and CITY OF LUBBOCK COMMUNITY SERVICES 1982. The Texas Department of Human Resources, hereinafter referred to as the Department, and CITY OF LUBBOCK COMMUNITY SERVICES hereinafter referred to as the Contractor, hereby make and enter into this agreement for the mutual consideration set forth below. The Department issued a Request for Proposal for Energy Crisis Intervention, dated August 10, 1982, (hereinafter called the RFP), and in response the Contractor submitted a Proposal dated 8-31-82 (hereinafter referred to as the Proposal). The RFP and the Proposal are attached hereto and incorporated into this Contract for all purposes. I. The Contractor agrees to perform as requested in the RFP and specified in the Proposal. II. The term of this agreement shall begin on 10-1-82 and end on September 30, 1983 unless terminated earlier for breach of this agreement, or by mutual agreement. If such mutual agreement cannot be attained, either party to this agreement may consider it to be cancelled by the giving of at least thirty (30) days notice in writing to the other party and this agreement shall thereupon be cancelled upon the expiration of a 30 day period after receipt of the notice of cancellation. The Department agrees to pay the Contractor as specified.in the Proposal and limited in the RFP; providing a proper state voucher is completed before payment. The total.under' this contract will not exceed $ 36,933.00 The Contractor agrees to maintain and retain supporting fiscal documents adequate to insure that claims for contract funds are in accordance with applicable federal and state requirements. Said documents shall be maintained and retained by the Contractor for a period of three (3) years after the date of submission of the final billing or until the resolution of all audit questions, whichever is longer. The Contractor agrees to repay any valid audit exceptions taken by the Department in any audit of this contract. The Contractor agrees to make available at reasonable times and for reasonable periods, books, records, and supporting documents kept current by the Contractor pertaining to this agreement for purposes of inspecting, monitoring, auditing, or evaluating by the Department personnel or its representative. 1305 7 V. The Contractor agrees to comply with the Civil Rights Act of 1964, as amended, in giving equal opportunity without regard to race, color, creed, sex, or national origin. The Contractor further agrees not to discriminate against any qualified handicapped person seeking employment or services. This contract is subject to the availability of state and/or federal funds. If such funds become unavailable, this agreement will be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of the respective interest accrued up to the date of termination. For the faithful performance of the terms of this agreement, the parties hereto execute this agreement this 10 day of - September , 1982. This contract may be renewed in one year increments for up to three additional years, subject to availability of additional funds. TEXAS DEPARTMENT OF HUMAN RESOURCES BY ZS1 Marlin Johnston Marlin Johnston, Commissioner CITY OF LUBBOCK COMMUNITY SERVICES LEGAL NAME OF CONTRACTOR ISI Bill McAlister AUTHORIZED SIGNATURE MAYOR, CITY OF LUBBOCK TITLE OF PERSON SIGNING 17560005906009 TEXAS COMPTROLLER ID NUMBER 32-41A-1305-2013 Consider a resolution authorizing the Mayor to sign Change Order #2 related to (34) the Southeast Water Reclamation Project (Resolution 865, 7/9/81). Amends Resolution Resolution No. 1205 No. 865 - 7/9/81 kSEE: Minuted action This project is for the construction of two digesters and the reference Change Order 82-41-1098-1727 is to install 6" plug valves and two 10" plug valves for the gas piping. These dated 6/10/82 for items were omitted from the original specifications and will provide for greater CO # I flexibility. The amount of the Change Order is $4,018. -;SEE: Reso. 1350 The motion was made by Councilman Brown, seconded by Councilwoman Baker, to pass (3/31/83) for Resolution No. 1205 authorizing Change Order #2, referenced above. Motion carried: CO #3 5 Yeas, 0 Nays. -SEE: Reso. 865-A JWF:da (6/23/83) for CO #4 RESOLUTION No. 1205 '-SEE: Reso. 1460 (8/25/83) for BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Certificate of THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed Completion & Final to execute for and on behalf of the City of Lubbock Change Order No. 2 to an existing Payment contract between said City and Carrothers Construction Company, Inc. concerning Wastewater Reclamation Facilities, Project No. C-48-1252-13, such Change Order No. 2 adding $4118.00 for the addition of two six-inch and two ten -inch DeZurik plug valves in the digester gas piping, 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 9th day of September _'1982. ATTEST: ./S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Bill McAlister BILL McALISTER, MAYOR ZS1 Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: W 1306 SEP 9 1992 CHANGE ORDER NO. 2 City of Lubbock Texas Wastewater Reclamation Facilities Project No. C-48-1252-13 August 18, 1982 TO: CARROTHERS CONSTRUCTION COMPANY, INC. P. 0. Box 269 Paola, Kansas 66071 General description of work included in oroginal contract: The construction of improvements to the City of Lubbock Wastewater Reclamation Facilities. The work consists of the construction of two 400,000 cubic feet digesters, a digester control and heater building, installation of digester equipment and related work items. Original Amount of Contract . . . . . . . . . . . . . . $2,780,000.00 Change Order No. 1 . . . . . . . . . . . . . . . . ADD 710.00 Change Order No. 2 . . . . . . . . . . . . . . . . ADD 4,118.00 Adjusted Contract Amount . . . . . . . . . . . $2,784,828.00 Adjustment in Construction Time . . . . . . . None WHEREAS, it is desirable 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 shall be adjusted by the amount shown above. 1. Addition of two six-inch and two ten -inch DeZurik plug valves in the digester gas piping. Add . . . . . . . . . . . . . . . . . . . . $4,118.00 IN WITNESS THEREOF, the Owner and the Contractor have hereto set their hand this the. 9th day of September , 1982. ------------------------------------------------------------------------------------ RECOMMENDED: PARKHILL, SMITH & COOPER, INC., Consulting Engineers By /S/ James Glaser , Proj. Engineer, 8/18 1982 APPROVED: CARROTHERS CONSTRUCTION CO., INC., Contractor By /.S/ Richard G. Kr.isch ,_Proj. Mgr. 8/18 1982 APPROVED: CITY OF LUBBOCK, TEXAS, Owner By /S/ Bill McAlister Mayor 9/9 1982 ATTEST: /S/ Evelyn Gaffga City Secretary 82-41A-1306-2014 Consider request of Robertson Bonded Warehouse, Inc. for the installation of an LP gas (35) tank at 4286 Locust. The request of Robertson Bonded Warehouse, Inc. is for the installation of a 500- gallon butane tank to be used for refueling their forklifts. Their business is located at 4286 Locust. The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve the above request. Motion carried: 5 Yeas, 0 Nays. �2-41A-1306-2015 Consider an ordinance authorizing permits for "shooting gallery" installations. (36) Ordinance No. 8365 The proposed ordinance amends the existing Code which primarily provides for the length of time and the issuance of a permit for the installation of a "shooting gallery". The permit should be renewed annually and is subject to revocation by the Chief of Police. The permit fee is $50. 1307 The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Ordinance No. 8365 on first reading. Motion carried: 5 Yeas, 0 Nays. SMH/mck ORDINANCE NO. 8365 AN ORDINANCE AMENDING ARTICLE IV ENTITLED "SHOOTING GALLERIES, FIREARMS" BY PROVIDING THAT PERMITS ISSUED UNDER SAID ARTICLE SHALL BE FOR A PERIOD OF ONE YEAR AND TO BE RENEWED ANNUALLY; TO PROVIDE A PERMIT FEE OF $50; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 32-41A-1307-2016 (37) Contract between City of Lubbock and DEA filed w/ original resolution. Consider Resolution authorizing the Mayor to sign a contract with Drug Enforcement Agency. Resolution No. 1206 The DEA will provide necessary funding and equipment for the city to participate in the DEA Task Force program. The total grant is for $48,368.67 and will provide for four experienced investigators and one Secretary to the Task Force. The Task Force performs the duties of gathering and reporting intelligence data related to the trafficking of narcotics and dangerous drugs; investigates and reports incidences involving the trafficking of narcotics and drugs; conducts undercover operations appropriate and engages in othere methods of ivestigation; cooperates with the DEA to provide law enforcement and personnel for prosecution which requires specialized training. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 1206 authorizing the contract with the DEA. Motion carried: 5 Yeas, 0 Nays. KJ: da RESOLUTION No. 1206 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, Texas and the Drug Enforcement Administration, 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 9th day of September ,1982. F.1V*_M*W /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer ISI J. I. Alley J. I. Alley, Chief of Police APPROVED AS TO FORM: /S/ Bill McAlister BILL McALISTER, MAYOR ISI Ken Johnson Ken Johnson, Assistant City Attorney �2-41A-1307-2017 Consider an ordinance adopting Capital Projects Budget. (38) Ordinance No. 8366 At the 8:30 Work Session, Director of Finance Massengale and the City Manager apprised the Council of the proposed projects listed in the Capital Project Budget, subject to inclusion of those projects approved in the Revenue Sharing Entitlement XIV approved by the Council on August 26 following the second hearing. Two queries of importance were submitted by the Council: the query as to the status of the digital traffic signalization project being operational, to which Director of Planning Bertram indicated it would be operational in two years; and that there would be three contractors working simultaneously involving the installation of the controller and interconnect, installation of the computer, and monitoring of the 1308 82-41A-1308-2018 (39) 82-41A-1308-2019 (40) 82-41A-1308-2020 (41) * Certificate of Insurance is filed with original resolution. Inquiry was made as to the east 34th Street Project and that the funds listed would be for the acquisition of the right-of-way and that the project as listed involves the at -grade improvements of the crossing and not the grade separation, but does include the acquisition of right-of-way for the proposed grade separation when additional monies for funding of the entire project are acquired. It was also reiterated that CD funds would be used for engineering services necessary to improve the at -grade crossing and the acquisition of the right-of-way. At the regular session, the motion was made by Councilman Aderton to pass Ordinance No. 8366 on first reading; Councilman Brown indicated he would second the motion subject to the Council having an opportunity to peruse the proposed budget as submitted on this date before second reading. Motion carried: 5 Yeas, 0 Nays. (NOTE: A COPY OF THE PROPOSED CAPITAL BUDGET HAS NOT BEEN FILED WITH THE CITY SECRETARY AS OF THE FIRST READING OF THIS ORDINANCE.) JCR:cl ORDINANCE NO. 8366 AN ORDINANCE APPROVING AND ADOPTING A CAPITAL PROJECTS BUDGET FOR FISCAL YEAR 1982-83; APPROVING PROPOSED CAPITAL PROJECT BUDGET FIGURES FOR THE FISCAL YEAR 1982- 83: PROVIDING FOR NECESSARY TRANSFERS OF FUNDS WITHIN PROGRAM AREAS, IF REQUIRED; AND APPROPRIATING FUNDS FOR THE 1982-83 FISCAL YEAR CAPITAL PROJECTS BUDGET OF THE CITY OF LUBBOCK. Consider Bid #6959 for two electric operated ball valves (Water Utilities). Low Bidder Willamette Valve Company, Inc. Portland, Oregon ( $31,959.00) Consider Bid #6977 for miscellaneous electric items (warehouse stock). Items 1, 2, 7, 8 General Electric Supply Co. Lubbock, Texas ($2,276.20) Items 3, 4 Nunn Electric Supply Corp. Lubbock, Texas ($2,606.80)' Item 5 Westinghouse Electric Supply Co. Lubbock, Texas ($6,372.00) Item 6 Temple, Inc. Lubbock, Texas ($944.25) Consider Bid #6963 for two radial arm distributors, SE Water Reclamation Plant, and authorize same (Water Utilities). Resolution No. 1207 Low Bidder Carrothers Construction Co., Inc. Paola, Kansas ($140,000.00) JWF:da RESOLUTION No. 1207 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract to be entered into by and between said City and Carrothers Construction Company, Inc. for furnishing and installing rotary distributor arms at the City Water Reclamation Plant, 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 9th day of September ,1982. RV0 va / S / Evelyn Gaf f ga Evelyn Gaffga, City Secretary -Treasurer /S/ Bill McAlister BILL McALISTER, MAYOR APPROVED AS TO CONTENT: /S/ Guy Wilson Guy Wilson, Water Utilities Engineer APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney 1,309 �82-41A-1309-2021 (42) Specifications and Contract documents filed w/ original resolution. Consider Bid #6967 for cleaning and painting six concrete water reservoirs and one building (Water Utilities), and authorize same. Resolution No. 1208 Low Bidder Lubbock Protective Coating Specialty Lubbock, Texas ($9,754.00) Director of Purchasing Floyd Nesbitt apprised the Council that all the above bids were low bids and met specifications. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve Bid mn-Q AQ;Q 6977s 6963, and to pass Resolution No. 1207 authorizing the referenced . to Bid No. 6963; to approve Bid No. 6967, and to pass Resolution .zing the contract for Bid No. 6967. Motion carried: 5 Yeas, 0 RESOLUTION No. 1208 Y THE CITY COUNCIL OF THE CITY OF LUBBOCK: yor of the City of Lubbock BE and is hereby authorized and directed ad on behalf of the City of Lubbock a contract to be entered into by City and Lubbock Protective Coatings Spec. for painting various eservoirs, attached herewith which shall be spread upon the minutes ad as spread upon the minutes of this Council shall constitute and s Resolution as if fully copied herein in detail. ty Council this 9th day o 1982. / / Bill McAlister BILL McALISTER, MAYOR 94 - -ty Secretary -Treasurer ities Engineer 3istant City Attorney 1310 82-41A-1310-2022 Hold a public hearing for the purpose of considering the application of Texland Oil (21) Petroleum, Inc. for an Oil and Gas Drilling Permit located north of.Marlboro Street and South of Owen Street and east of Mesa Road,, designated as Lucille #1 well site. Publisher's Affadavit attached to previous In accordance with notice published in Lubbock Avalanche Journal on August 25, 1982, page. a public hearing was held on the above matter. Proponent: Dub Bratcher, attorney, on behalf of Texland Oil Petroleum, Inc. Mr. Bratcher apprised the Council that the production unit is not a unitized and all forced -pooled owners have been notified; the unit contains 40 acres of which Texland controls 35.26 acres; that the leases involved in the production unit are grandfathered under the old ordinance; that there is one tract (Lot 7), the ownership of which is in an estate and they have not decided whether to sign a lease or to sign an Operator's Contract. He also indicated that the disposal of the waste material would be in Terry County; that ingress and egress to the drilling site will be from IH-27 service road on Owen Street to Avenue E and then south to the worksite. There are neighboring residential structures, to -wit; Lot 7 - Approximately 130' from the wellhead; Lot 180 is 160' from the wellhead; Lot 500 and Lot 4 are approximately 200 from the wellhead. He also indicated there would be a flow line from the well to the storage tanks north of Kemp Street located in an abandoned caliche pit and a Street Use Permit and easements from the private owners will be secured for these flow -lines. The applicant also requests the use of earth sludge pits and did not anticipate to do any landscaping at the well site or at the storage tanks. The short-term impacts are noise, dirt, and heavy equipment which could create a disturbance to the nearby residential area, of which seven lots are occupied with residential structures. The long-term impacts would be the development of a well site within a residential area, the proposed wellhead being 150-200 feet of the nearest residential structure. Only light traffic to service the wellhead is anticipated. Director of Planning Bertram apprised the Council that the conditions as recommended by the staff have been agreed to by the applicants. There being no discussion and no opposition, the hearing was closed. 32-41A-1310-2023 Consider approval of Oil and Gas Drilling Permit as requested by Texland (22) Oil Petroleum, Inc.,. -designated as Lucille #1 well site. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve the above request for an Oil and Gas Drilling Permit for Lucille #1 well site subject to the following conditions: (1) No hydrocarbon lubricants shall be used to free up the hole while drilling until a minimum of 500' of surface casing is set. (2) Drilling contractors shall provide for wetting dirt surface streets on Owen and Avenue E to and from the drill site to reduce excessive amounts of dust in the neighborhood. (3) The drilling contractors shall use steel sludge pits. (4) The drill site shall be landscaped and maintained in accordance to Section 19-A-6 (8) of Oil and Gas Ordinance, sublandscaping to be determined by the adjacent property owners. (5) The permitee shall meet all other conditions of Section 19-A of the said ordinance as applicable to Lucille #1 well site. Motion carried: 5 Yeas, 0 Nays. 82-41A-1310-2024 Hold a public hearing regarding the proposed ordinance regulating coin -operated (23) machines. In accordance with a notice posted on September 3, 1982, a public hearing was held on the above matter. The Mayor indicated that Rick Childers would give a brief overview of the proposed ordinance following which testimony would be received from interested parties in the Council Chambers. 1311 uUmmmil Mr. Childers indicated the basic contents of the proposed ordinance, and related that the owners and operators of the gamerooms had been conferred with and were in total agreement with the ordinance at that time; that the proposed ordinance was submitted to the Council at Work Session for discussion on August 12, 1982, at which time there was a provision inserted regarding required parking for gamerooms (Sec. 26-55) (f) and as a result of the feedback from this provision which was inserted, it was felt that the public hearing would be beneficial to all. Appearance: 0. V. Scott, on behalf of Bob and Curtis Jordan, a partnership John Abney, Owner of Family Fun World, South Plains Mall Kevin Hamm, d/b/a Hambones on 34th Street Mr. & Mrs. Dan Tarply - 4601 27th residents of Bender Tarrace Addition L. A. Garner, resident Mr. Scott, was primarily speaking for his clients, Messrs. Jordan, but possibly the comments were applicable to other operators of gamerooms at present in the Chambers. He did comment that two primary weaknesses in the ordinance, to wit: Sec. 26-54, and 26-56 relating to the Operators Permit did not specify the frequency that the permit was to be renewed, if at all, nor did it state the period of time that the permit was valid, and this was left a very ambiguous connotation as related to these specific sections. Additionally, the only problem that his clients had was primarily with the provision stated in Sec. 26-55 (f) regarding the parking ratio for gamerooms; that this was an overlay of the Zoning Ordinance and constitutes misuse of the City's police powers to make this provision under the licensing provision as opposed to the Zoning Law; that there was great hardship placed upon the existing businesses who were approved for their installation into C-4 Zoning, or C-3 Specific Use at the time their installation was approved, and to now change the requirements declaring these institutions illegal, was a violation of the citizen's state and federal constitutional rights; that the proposed ordinance could contain a grandfather clause similar to that approved in the Mixed Beverage -Alcohol Code; that comparable requirements for other types of entertainment that require large attendance -- football games, basketball games, Fairs, or not imposed, and to overlay the Zoning Law under this licening provision is a gross misjustice to the existing businessmen. It was suggested to the Council about an appeal process through the License and Permit Board, and in the event they were denied the Operator's Permit, the due process procedure would be to appeal to the Council. Mr. Scott took exception to this as a delay tactic, and to annually be faced with this prolonged process was not an equitable solution. Admittedly, Mr. Scott indicated that there was only one location that had caused extensive problems -- The Space Station at Salem and Brownfield Highway -- and Mr. Jordan had attempted to work with the neighboring merchants, had attempted to rent parking space during the evening hours, and had tried to control the crowds that congregate from time to time, many of whom merely visit with friends and do not play the video games. He wanted the Council to understand that there was not any threatened intension on his part on behalf of his clients, but he did wish to reiterate that the existing businesses need to protected from unconstitutional acts as the proposed parking requirement implies. Mr. Garner entertained his captive audience from an educator's (retired) point of view, and although he concurred that it was good entertainment for young people, there should be some control over the hours that the gamerooms and other locations are in operation in order not to interfere with attendance at school. Mr. Abney's request was to the effect that part of his operation, other than at the Mall, is Brunswick Bowl, and he asked release from the requirement at Brunswick Bowl just to include the gameroom only, and relief from including the Miniature Golf located as part of his operation at the Mall. Mr. Hamm had indicated he had been at this location for seven (7) years and apparently had norelieffrom the parking requirement at all; that he has 3000 sq. feet with ten to twelve parking spaces at present and no room for expansion. To impose such a requirement on his present operation would put him out of business entirely. Mr. and Mrs. Tarply spoke of the inconvenience and damage to the neighborhood due to litter, noise, and general michief brought about because of the crowds generated by the Space Station location; that on Friday's and Saturday's there have been as many as 250 to 300 cars circling and driving neighboring streets, and the Bender Terrace Nursing Home is in close proximity and is detrimental to the peace and quiet of the patients residing there. Following all discussion, rebuttals, and additional comments from the participants above, the hearing was closed at 11:37 A.M. Discussion from the Council reflected that the admendment to the Zoning Ordinance changing the parking requirements was read for the second and final reading on this date, and grandfathers existing businesses pertaining thereto. Mayor Pro Tem Henry thought that the provision needs to be grandfathered in the best interest of existing businesses; however, it is the responsibility of the individual operator to do a better job of policing his area than has been exemplified in the past, and he recommended that the grandfather clause be inserted, and at the same time some specific solutions be submitted by the operators or staff to resolve the existing and future problem areas; that by working together there could be a suitable regulatory ordinance enacted. 1312 82-41A-1312-2025 (24) 82-41A-1312-2026 (31a) These comments were concurred by Mayor McAlister. City Manager Cunningham began by mentioning the appeal process before the Permit and Liencse Appeal Board whereby in the event of their denial of a permit, the due process procedure of the applicant could be before the Council. Mr. Scott took exception to this recommendation indicating that it is detrimental for the existing operator to know annually he will have to go through this prolonged appeal process which is a delay tactic to the final decision. Councilwoman Baker expressed her disfavor with the grandfathering clause, and Councilman Brown indicated that several businesses had complained about the excessive traffic and infringement on their rights for the particular place located at Salem and Brownfield, and there had to be some solution to their neighbors and to any future situations, as well as to be existing gameroom operator. Consider Ordinance regulating coin -operated machines. The motion was made by Councilman Aderton, seconded by Councilman Brown to refer the matter back to the staff for further study specifically related to Section 26-55 (f), and Section 26-54, and 26-56 of the ordinance; and to submit some remedial solution as to the traffic problems at the Solar Space Station on Salem, as well as any future locations that would have comparable problems, and this matter be reconsidered at the September 23, 1982 regular meeting. Motion carried: 5 yeas; 0 Nays. The Council recessed at 11:55 A.M. for lunch to be followed by Executive Session and consideration of Board Appointments. Upon reconvening at 2:20 p.m., the Council considered the following items: Resolution creating and establishing the City of Lubbock Real Estate Purchase and Improvement Fund and providing controls for such fund. Resolution No. 1209 The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Resolution No. 1209 establishing the Lubbock Real Estate Purchase and Improvement Fund. Motion carried: 5 Yeas, 0 Nays. JCR:cl RESOLUTION No. 1209 A RESOLUTION CREATING AND ESTABLISHING THE CITY OF LUBBOCK REAL ESTATE PURCHASE AND IMPROVEMENT FUND AND PROVIDING FOR THE CONTROL OF SUCH FUND. WHEREAS, the City Council of the City of Lubbock finds that it would be wise and expedient to establish a fund to be known as the City of Lubbock Real Estate Purchase and Improvement Fund, and WHEREAS, the City Council finds that it would be in the best interest of the City to create and establish the fund above referred to in order to have a designated fund within the immediate control of the City, and WHEREAS, the existence of the fund herein established shall be used to purchase real estate or make repairs or improvements to existing real property owned by the City, and WHEREAS, the City Council finds that it is often necessary to have funds for use as above -mentioned immediately on hand for the purpose of financing said activities, and WHEREAS, the City Council finds that it is in the best interest of the City to establish controls for the use of said fund, and WHEREAS, the City has the power to control and manage the finances of the City by virtue of Art. 1175 §10, V.A.C.S., and its Charter. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That there is hereby created a fund within the City to be known as the City of Lubbock Real Estate Purchase and Improvement Fund. 2. That upon approval of the City Council, said fund herein created shall be used to finance, secure financing or arrange financing for the purchase of real estate for the City or the repair, renovation, or remodeling of real estate owned by the City. 3. That the City Manager shall make recommendations to the City Council for the use of said fund by the City. 4. That no purchase of real estate or repairs, remodeling or renovation to real estate owned by the City shall be made or financed with monies from the fund herein created except to the extent that there exists unencumbered monies in said fund to be used for said activity. 1313 5. That the following money be and is hereby transferred to the fund in accordance with the following schedule: DATE OF TRANSFER AMOUNT Oct. 15, 1982 $1,073,000 Apr. 15, 1983 475,000 DATE OF TRANSFER AMOUNT Jul. 15, 1983 $475,000 Oct. 15, 1983 525,000 Jan. 15, 1984 575,000 Jan. 15, 1985 125,000 Oct. 15, 1988 25,000 TOTAL $3,273,000 6. That the Finance Director of the City of Lubbock shall be required to see that the monies transferred in paragraph 5 of this Resolution are taken from any one of the following sources: (a) Revenue Sharing (b) Community Development (c) Bond Funds (d) Capital Reserves 7. That fund monies hereinabove transferred to the fund shall be invested in lawful securities authorized for investment by cities and the interest earned shall be retained by the fund and used for the purposes for which this fund is created. 8. That the securities purchased as hereinabove provided may be used in any of the following ways to discharge any obligation undertaken herein: (a) To be placed in escrow to secure the payment from earned interest of any obligation undertaken in accordance with the purposes of this resolution. (b) To be pledged as collateral to secure the payment from earned interest of any obligation undertaken in accordance with the purposes of this resolution. (c) To be sold or surrendered by the City to pay any obligation undertaken in accordance with the purposes of this resolution. 9. That it is hereby declared to be the intent of the City Council that no obligation shall be incurred by the City under this resolution which shall not be fully payable out of the principal or earned interest of the fund herein created and that the satisfaction of such obligations be reasonably certain in the due course of business. 10. That the City Council may by resolution add additional monies to this fund to be used as herein set forth. Passed by the City Council this 9th day of September , 1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /S/ John Ross, Jr. fi John C. Ross, Jr., City Attorney 82-41A-1313-2027 Resolution authorizing the Mayor to execute on behalf of the City the following documents. (31b) (1) Contract to Purchase Real Property (2) Limited Investment Agreement (3) Finance Agreement (4) Escrow Agreement Resolution No. 1210 The motion was made by Councilwoman Baker, seconded by Councilman Aderton to approve Resolution No. 1210 authorizing the referenced documents. Motion carried: 5 Yeas, 0 Nays. 1314 'SEP Following this action, the Mayor announced the City's purchase of the old Sears building located on 13th Street for the purposes of renovating and remodeling in which the main City Hall will be located, anticipated date will be 1984. The purchase of the property from American State Bank would allow for the needed room for expansion of office space and parking facilities for the main City Hall, said recommendation being made by the CAC in 1981, the improvements subcommittee; that the total cost for the purchase is $3,250,000 and contains approximately 96,000 square feet and allows for 205 vehicular parking; additional parking was purchased for $751,000. Renovation and remodeling costs are estimated at $26.35 per square foot for remodeling 55,000 square feet. The present location would continue to be used as an annex and the reassignment and relocation of various departments for more functional performance would result from this acquisition. Those departments remaining in the present location at 916 Texas would be LP&L, Electric Engineering would be relocated from Municipal Hill, the Police would remain at the present location and expand to the second floor, as would Municipal Court; Traffic Engineering would be on first floor as previously proposed with the new digital traffic signalization system, along with Data Processing, Park and Recreation, and Transit. Those departments relocating to the main building on 13th Street would be the Mayor and Council, the Council Chambers and City Manager's office (all of the East Wing, in other words), Legal, City Secretary, Finance, Community Services, Purchasing, Building Inspection, Planning and Zoning, Personnel, and those areas in general administration. Mr. Joe Horky, President of the Chamber of Commerce, and Mr. W. R. Collier, President of the American State Bank expressed their concerns on the decision and how beneficial it will be to the central business district of Lubbock. JCR:cl RESOLUTION No. 1210 WHEREAS, the City Council of the City of Lubbock has determined that it would be in the best interest of the citizens of the City of Lubbock to purchase certain real property; and WHEREAS, it is necessary that the City of Lubbock enter into certain contractual arrangements to complete such purchase of real property as soon as possible in order to avail itself of the opportunities presented, which matter constitutes a matter of urgent public necessity; 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 the following agreements: 1. Contract to Purchase Real Property 2. Limited Investment Agreement 3. Finance Agreement 4. Escrow Agreement Said agreements between the City of Lubbock and American State Bank of Lubbock, Texas, are attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of - September , 1982. ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Jim Blagg Jim Blagg, Assistant City Manager APPROVED AS TO FORM: ISI John Ross, Jr. John C. Ross, Jr., City Attorney /S/ Bill McAlister BILL McALISTER, MAYOR SEP 9 a 198,E 1315 MAYOR BILL MC ALISTER AND THE CITY COUNCIL ACTED TODAY ON A RECOMMENDATION OF THE CITIZENS ADVISORY SUBCOMMITTEE ON MUNICIPAL FACILITIES MADE IN 1981 THAT THE CITY LOOK FOR AND IDENTIFY EXPANDED CITY OFFICE SPACE AND PARKING SPACES TO ACCOMODATE THAT BUILDING. THE ACTION TAKEN TODAY AND ANNOUNCED BY MAYOR MC ALISTER WAS THAT ARRANGEMENTS FOR THE PURCHASE OF THE FORMER SEARS BUILDING AT 13TH STREET, ONE BLOCK EAST OF AVENUE Q WOULD MEET THOSE REQUIREMENTS FOR A NEEDED MUNICIPAL BUILDING. THE VACANT STRUCTURE WILL BE PURCHASED FROM AMERICAN STATE BANK. REMODELING WILL BEGIN AS SOON AS POSSIBLE, WITH MOVEIN OF SELECTED CITY OFFICES SCHEDULED FOR SOME TIME IN 1984. SEVERAL MAJOR DEPARTMENTS WILL REMAIN AT THE PRESENT LOCATION. "THIS IS AN OPPORTUNITY OF A LIFETIME TO PROVIDE EASIER CITIZEN ACCESS TO CITY OFFICES AND PUBLIC MEETINGS AND TO MEET FUTURE SPACE REQUIREMENTS AT A VERY ATTRACTIVE PRICE," THE MAYOR SAID. THE ANNOUNCEMENT CAME FOLLOWING AN EXECUTIVE SESSION ON THE ACQUISITION AND JUST BEFORE THE CITY COUNCIL FORMALLY ADOPTED A RESOLUTION SETTING OUT TERMS OF THE AGREEMENT. THE CITIZENS ADVISORY SUBCOMMITTEE ON MUNICIPAL FACILITIES FIRST IDENTIFIED THE NEED FOR EXPANDED CITY OFFICES AND PARKING DURING CONSIDERATIONS IN 1981. THE SUBCOMMITTEE RECOMMENDED THAT EXPANSION OF CITY OFFICES BE ADDRESSED DURING THE NEXT FIVE YEAR CAPITAL IMPROVEMENT PROGRAM, AND THE CAC EXECUTIVE COMMITTEE RECOMMENDED THAT REVENUE SHARING OR OTHER SOURCES OF FUNDING BE USED TO MEET THIS NEED. MAYOR MC ALISTER SAID ESTIMATED COST OF THE COMPLETED PROJECT IS $3,250,000. THIS FIGURE INCLUDES PURCHASE OF THE 96,810 SQUARE F,OOT.SEARS BUILDING AND PARKING FOR 205 VEHICLES AT A COST OF $751,000. "THIS MEANS WE HAVE ACQUIRED THE BUILDING AND NEARBY PARKING FOR A PRICE OF ONLY $7.50 PER SQUARE FOOT OF BUILDING AREA," THE MAYOR NOTED. " THIS IS AN UNBELIEVABLE BARGAIN IN TODAY'S ECONOMY. ADDING THE COST OF BUILDING RENOVATION, TOTAL INITIAL INVESTMENT WILL BE ONLY $26.35 A SQUARE FOOT, LESS THAN HALF THE COST OF NEW CONSTRUCTION." THE TOTAL PROJECT COST ALSO INCLUDES THE ACQUISITION OF PROPERTY NEAR THE SITE FOR FUTURE EXPANSION OF 254 ADDITIONAL PARKING SPACES AS NEEDED. THE INITIAL PLANS CALL FOR REMODELING 55,000 OF THE 96,810 SQUARE FEET, LEAVING THE BALANCE AVAILABLE FOR FUTURE EXPANSION. ACCORDING TO THE FINANCING PLAN FOR THE PROJECT, FUNDS WILL BE ACCUMULATED OVER THE NEXT THREE YEARS TO PAY FOR THE PURCHASE AND RENOVATION OF THE PROPERTIES. "IT HAS BOTHERED THE COUNCIL FOR A LONG TIME THAT OUR CITY HPJ�Z IS NOT ACCESSIBLE BECAUSE OF NO OFFSIREET PUBLIC PARKING," MC ALISTER NOTED. "TOO OFTEN PEOPLE ATTENDING A MEETING OR SERVING ON ADVISORY BOARDS LEAVE CITY HALL TO FIND A PARKING TICKET ON THE WINDSHIELD. THIS IS NO 1316 WAY TO MAKE PEOPLE FEEL WELCOME AND TO ENCOURAGE CITIZENS TO PARTICIPATE IN LOCAL GOVERNMENT." WITH THIS NEW LOCATION THERE WILL BE 205 OFFSTREET PARKING SPACES WITHIN 250 FEET OF THE ENTRANCES. A STAFF REPORT TO THE COUNCIL FOLLOWING THE CAC SUBCOMMITTEE STUDY SHOWED THE NEED FOR 65,000 SQUARE FEET OF WORKING SPACE AND STORAGE TO ADEQUATELY ACCOMODATE THE FUNCTIONS OF CITY GOVERNMENT DURING THE NEXT 10 YEARS. AT LEAST 150 OFFSTREET PARKING SPACES ARE NEEDED IMMEDIATELY. ONE ALTERNATIVE CONSIDERED WAS TO ADD THREE FLOORS TO THE EXISTING CITY HALL AT 916 TEXAS AVENUE, TAKE OVER FULL USE OF THE BUILDING NOW LEASED TO THE TAX APPRAISAL DISTRICT AND ACQUIRE ADDITIONAL LAND FOR PARKING. THIS PLAN WOULD COST Ail ESTIMATED $2.9 MILLION AND STILL PROVIDE ONLY 53,000 OF THE 65,000 SQUARE FEET OF WORKING SPACE REQUIRED. CONSEQUENTLY, THERE WOULD HAVE BEEN LIMITED OPPORTUNITY TO EXPAND IN THE FUTURE AT THIS LOCATION. ANOTHER ALTERNATIVE WAS TO ACQUIRE PROPERTY AND BUILD THE NEEDED SPACE AND PARKING. THE COST OF THIS PLAN WAS ESTIMATED AT $5.1 MILLION. THE SELECTED OPTION WAS TO BUY AND REMODEL AN EXISTING BUILDING THAT HAD ADEQUATE OFFSTREET PARKING. THE SEARS BUILDING AND ASSOCIATED LAND WILL PROVIDE 459 PARKING SPACES AND ENOUGH FLOOR PLACE TO MEET EXPANSION REQUIREMENTS FOR MANY YEARS. THE PRESENT CITY HALL WAS BUILT IN 1962. SINCE THAT TIME, AVAILABLE SPACE HAS BEEN INCREASED BY 34,000 SQUARE FEET, BUT THAT INCLUDED CONVERTING 7,000 SQUARE FEET OF STORAGE SPACE AND CONFERENCE ROOMS INTO OFFICE AREAS. "THE COUNCIL IS PLEASED THAT CRAMPED CONDITIONS CAN BE RELIEVED IN MANY OF OUR OPERATIONS, AND SEVERAL FUNCTIONS CAN BE BROUGHT TOGETHER TO PROVIDE A MORE EFFICIENT OPERATION," MC ALISTER SAID. "THIS IS A FARSIGHTED MOVE THAT THE COUNCIL AND THE CITY MANAGER HAVE BEEN WORKING ON FOR ABOUT SIX MONTHS. "AND ONE OF THE BONUSES IS THAT IT WILL PUT BACK INTO USE A VERY IMPORTANT BUILDING IN THE CENTRAL BUSINESS DISTRICT THAT HAS STOOD VACANT ENTIRELY T00 LONG," THE MAYOR CONCLUDED. THE CURRENT CITY HALL WILL CONTINUE TO HOUSE LUBBOCK POWER AND LIGHT ADMINISTRATION AND UTILITY COLLECTION OFFICES. IN ADDITION, THE ELECTRIC ENGINEERING DEPARTMENT WILL RELOCATE FROM MUNICIPAL DRIVE TO MUNICIPAL COMPLEX. THE POLICE DEPARTMENT WILL REMAIN IN ITS PRESENT FACILITY AND EXPAND INTO THE SECOND FLOOR OFFICES NOW HOUSING THE LEGAL DEPARTMENT. MUNICIPAL COURT WILL EXPAND INTO SPACE UPSTAIRS. TRAFFIC ENGINEERING WILL MOVE INTO ENLARGED QUARTERS DOWNSTAIRS. DATA PROCESSING, PARKS AND RECREATION, TRANSIT AND COMMUNICATIONS ALSO WILL REMAIN IN THE EXISTING COMPLEX. LIKELY TO MOVE INTO THE NEW BUILDING IN 1984 ARE THE CITY COUNCIL 71, 82-41A-13172028 Consider two appointments to the PUBLIC RESPONSIBILITY COMMITTEE, MHMR. The terms of (43) Dale Barnett and Kay Atcheson expired 8/31/82. Reappointed: Mrs. Dale Barnett 4606 - 19th (07) 792-6302 Kay Atcheson 3212 - 88th (23) 792-8181 Term: 9/9/82 - 9/31/83 (1 year) Q-41A-1317-2029 Consider one appointment to the CIVIC CENTERS BOARD, to fill the unexpired term of (44) Tom Johnson, said term expiring 8/1/_84. Mr. has resigned. Appointed: Jan Freiderich 4602 - 19th (07) 795-8020 (pronounced John) Pres., Furr's 1708 and G (01) 763-1931 (to fill the unexpired term of Tom Johnson, said term expiring 8/l/84.) The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker. Motion carried: 5 Yeas, 0 Nays. There being no further business, the motion was made by Councilwoman Baker, seconded by Councilman Brown to adjourn at approximately 3:45 p.m. ATTEST: tVELYN GAFFGA, CityS`eeWy-Treasurer READ AND APPROVED THIS 23rd day of September 1982. BI1;(,McALISTER, MAYOR ATTEST: @ELYN GAYFGA,"City S6/cr �Tre-asurer