HomeMy WebLinkAboutMinutes - City Council - Regular - 10/14/1982I
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
OCTOBER 14, 1982
The City Council of Lubbock, Texas met for its regular meeting Thursday, October 14,
1982, at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall.
Those present:
Mayor Bill McAlister, Mayor Pro Tem Henry, Councilman E. Jack Brown, Councilwoman
Joan Baker, Councilman M. J. Aderton, City Manager Larry Cunningham, City Attorney
John C. Ross, and City Secretary -Treasurer Evelyn Gaffga.
Absent: None
82-41A-1366-2096 The invocation was given by Director of Finance Robert Massengale.
( 1 )
82-41A-1366-2097 The Pledge of Allegiance to the Flag was given in unison by those present in the
( 2 ) Council Chambers.
82-41A-1366-2098 Approval of Minutes - Regular Meeting, September 23, 1982.
3 The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve
the minutes as submitted. Motion carried 5 Yeas, 0 Nays.
Proclamations
82-41A-1366-2099 "Day in Court for Legal Secretaries" - October 15, 1982
4 Receiving: Elen Deering, Day in Court Chairman
Carole Lanham, President, LLSA
Des Wood, Vice President, LLSA
Pam Lane, Treasurer, LLSA
Judy Wolff, LLSA Member
Patti Anderson, LLSA Member
82-41A-1366-2100 "U.S. Navy Week" - October 10-16, 1982
5 Receiving: Admiral L. R. Smith and others, Commander Naval
Reserve Readiness Command Region ELEVEN
82-41A-1366-2101 "Business Women's Week" - October 17-23, 1982
( 6 )
Receiving: Rose Dixon, Texas Employment Commission
Susie Howard, City Parks and Recreation Department
Director of Rodgers Community Center
82-41A-1366-2102 "Energy Conservation Week" - October 24-30, 1982
( 7 )
Receiving: Weedon Echols, Energy Conservation Sub -committee
Chairman
Ron Thomas, Energy Conservation Sub -committee
Member
Ruth Thomas, Energy Conservation Sub -committee
Member
82-41A-1366-2103 PRESENTATION TO BILL MURPHY
( 8 )
Bill Murphy and his dog, Brutus, are the 1982-83 National Championship
Frisbee Catching Team for the 1982 Cycle Ashley Whippet Invitational.
A $1,000.00 Scholarship was awarded to Mr. Murphy.
82-41A-1366-2104 SAM A. GREELY SERVICE AWARD
8a
A special presentation to Director of Water Utilities Sam Wahl by Mayor Bill
McAlister and Bill Haoag, President of the American Public Works Association. Mr.
Wahl received the Sam A. Greely Service Award issued to outstanding public works
employees.
82-41A-1366-2105 A representative of the Citizens Traffic Commission will be present to recommend that
9 Main Street between Avenue X and University Avenue be changed from one-way (eastbound)
to two-way.
Larry Blakeman, owner of the Tower of Pizza restaurant on Main Street, appeared
hpforp the Citizens Traffic Commission on October 5- 1982 to reauest that two-wav
1367
OCT 14 1982
82-41A-1367-2106
( 10 )
traffic be allowed on Main Street from University to Avenue X; that with the construction
of the new medians on University Avenue, southbound traffic were prohibited from
making left turns onto Main Street and there had been a notable decline of business
not only at his location but neighboring merchants. It was the response of the
Traffic Engineering Department that signage would be the only requirement for allowing
two-way traffic, and Mr. Blakeman's request was approved by CTC at that time.
At the regular session, Mike King, Chairman of the CTC appeared to request Council's
consideration of Mr. Blakeman's situation allowing two-way traffic on Main Street
from University to Avenue X.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to grant
the stated request. Motion carried: 5 Yeas, 0 Nays.
Representative of the Civic Centers Board will appear to present the following items:
a. Consider recreational vehicle hook-up fees.
Ms. Gwen Stafford, Chairman of the Civic Center Board, apprised the Council
that there had been an unofficial policy for some time allowing recreational vehicles
to hook up to electrical outlets on the Civic Center parking lot at a fee for $5.00
per hook-up per day. The Board recommends that this charge be incorporated into the
Policy and Rate Manual and recommend its acceptance. The motion was by Councilwoman
Baker, seconded by Councilman Brown to officially authorize the fee of $5.00 per day
per recreational vehicle to utilize electrical hook-ups on the Civic Center parking
lot. Motion carried: 5 Yeas, 0 Nays.
b. Consider clean-up fee for Civic Center plaza area.
Previously, the Civic Center had charged a rental rate of $100 for use of
the outside plaza area. It has recently been called to their attention that this
area is a dedicated pedestrian easement and not subject to rental and the Board would
therefore like to propose $50 as a clean-up fee to those persons/organizations utilizing
the plaza area for various activities. The groups utilizing this area are advised
that privacy cannot be guaranteed inasmuch as it is a public easement, but the maintenance
and clean-up requirements are still needed regardless of that factor alone.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve
the clean-up fee of $50 for the use of the Civic Center plaza area. Motion carried:
5 Yeas, 0 Nays.
C. Consider Civic Center overtime rates.
The problem has evolved where leasees frequently failed to conclude their
events and vacate the premises under the contracted time and this delays the clean-up
schedule and causes preparation for subsequent leasees to be complicated. Currently,
the hourly overtime rate for the Exhibit Hall is $250; the Banquet Hall/Theater
hourly overtime rate is $150 and $50 for the Meeting Room and one-half the regular
rental rate for other parts of the building. Previously, overtime rates have not
been applied to those events whose exceed their contract but which end between 7:00
a.m. 1:00 a.m.. The Board is recommending that overtime rates apply to all events
who exceed their contractual time.
The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve
the overtime rate as recommended. Motion carried: 5 Yeas, 0 Nays.
82-41A-1367-2107 Ordinance No. 8367 - Zone Case 2383
A request to change a tract of land out of Sec. 22, Block A, from R-1 to C-2, located
at Loop 289 and North Utica Avenue, subject to the following condition;
a. That R-2, A-1 and C-2 zoning be approved as per Development
Plan No. 20-9-4.
SMH/mck ORDINANCE NO. 8367
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY
OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2383; CHANGE A TRACT
OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1
TO C-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED
FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Sl •
1 � +
1368
82-41A-1368-2108 Ordinance No. 8368 - Zone Case 2384
( 12 )
A request to change a tract of land out of Sec. 25, Block A from T to A-2 zoning,
located south of Ida Highway and 710' and 2870' east of —Olive Avenue.
SMH/mck
ORDINANCE NO. 8368
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY
OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2384; CHANGE A TRACT
OF LAND OUT OF SECTION 25, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T TO
A-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE
CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
82-4iA-1368-2109 Ordinance No. 8369 - Zone Case 2378
( 13 )
Request to change tract of land out of Sec. 9, Block A from R-1 to M-1 zoning, located
at Amarillo Road and Bluefield Street, subject to the condition that it be tied to a
lumber yard and IDP development standards.
SMH/mck ORDINANCE NO. 8369
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY
OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2378; CHANGE A TRACT
OF LAND OUT OF SECTION 9, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1
TO M-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED
FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
82-41A-1368-2110 Ordinance No. 8370
( 14,)
An ordinance regulating the operation of tatoo establishments within the city limits.
DGV:js ORDINANCE NO. 8370
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY
ADDING THERETO A NEW ARTICLE XI TO CHAPTER 15 PERTAINING TO THE OPERATION OF TATTOO
ESTABLISHMENTS; REQUIRING A PERMIT FOR TATTOO ESTABLISHMENTS AND TATTOO OPERATORS;
ESTABLISHING SANITARY REQUIREMENTS; PROVIDING FOR HEALTH INSPECTIONS; PROVIDING FOR
SUSPENSION OF PERMITS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
82-41A-1368-2111 Ordinance No. 8371
( 15 )
An ordinance adopting newly revised Code of Ordinances.
DGV:js
ORDINANCE NO. 8371
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES FOR THE CITY OF
LUBBOCK, TEXAS; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES
NOT INCLUDED THEREIN OR SAVED FROM REPEAL; PROVIDING FOR THE MANNER OF AMENDING AND
SUPPLEMENTING SUCH CODE; PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME
EFFECTIVE; AND PROVIDING FOR PUBLICATION:
The motion was made by Councilman Aderton, seconded by Councilman Brown to pass
Ordinance Nos. 8367, 8368, 8369, 8370, 8371 on second and final reading. Motion
carried: 5 Yeas, 0 Nays.
82-41A-1368-2112 Ordinance No. 8372
( 16 )
An ordinance regulating coin -operated machines.
Following the first reading on September 23, the ordinance was revised pursuant to
the Council's motion, primarily sections 26-55, 26-56, and 26-57 which speaks to the
revocation of the Operator's Permit and the Appeal process if the operator so wishes.
There was also revision in the wording whereby variance granted by the ZBA would not
be in conflict with the ordinance. Reference was also made that those gamerooms in
existence on or before Novemeber 3 would be grandfathered under the provision.
At the 8:30 work session, Councilman Brown indicated that he was going to make a
motion that this matter be held for 30 days; that these matters need to "soak" before
being read for second reading as there were some of the revisions that needed more
careful consideration; that there was some doubt that an ordinance needed to be
passed to resolve one special problem in the industry and that was his decision and
intent.
At the regular meeting, the motion was made by Councilman Brown, seconded by Councilwoman
Baker to hold this item for further consideration before second reading and to consider
1369
OCT 141982
it again at the November 18, 1982 meeting. Motion carried: 5 Yeas, 0 Nays.
SMH:da
ORDINANCE NO. 8372
AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK, ENTITLED "PUBLIC AMUSEMENTS", BY REPEALING SECTIONS 26-44 THROUGH 26-
61 (BEING ARTICLES ENTITLED "COIN -OPERATED MACHINES" AND "BILLIARD AND POOL
HALLS") AND IN ITS STEAD ADOPTING A NEW ARTICLE VI ENTITLED "COIN -OPERATED
MACHINES"; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
82-41A-1369-2113 Consider a resolution authorizing the Mayor to execute a contract with ATE
( 19 ) Management and Services Company, Inc. for the management of Transit system.
Resolution No. 1225
The staff was authorized to renegotiate the contract with ATE Management and
Services Company, Inc. for one year at $5,100 per month to manage the affairs
of the Transit system. The one-year contract will be effective October 15,
1982 and will expire September 30, 1983. Some of the contractual provisions
are:
(1) The contract is for a period of 112 months as opposed
to the 3-year contract previously entered into.
(2) The expense for the general manager of $3200 will be
paid by the City if the City decides to change the
resident manager and will reimburse ATE if the resident
manager uses his personal vehicle on Transit business.
(3) Reduced ATE's central staff time to 160 hours and any
additional staff time will be purchased on an "as
needed" basis.
(4) That the management fee is reduced to $5,100 per month.
(5) Expenses for ATE non-resident personnel will be
reimbursed by the City for actual costs of lodging
and transportation plus $25 per diem.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to
pass Resolution No. 1225 related to the above referenced contract with ATE
Management. Motion carried: 5 Yeas, 0 Nays.
DGV:da
RESOLUTION NO. 1225
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 Management
Contract between the City of Lubbock and ATE Management and Service Company,
Inc., attached herewith which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part
of this Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of October ,1982.
/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:
H,
/s/ Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
MANAGEMENT CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
. THIS AGREEMENT, made and entered into this 14th day of October, 1982 by and between
the CITY OF LUBBOCK, a Home Rule Municipal Corporation of the State of Texas, hereinafter
referred to as CITY, and ATE MANAGEMENT AND SERVICE COMPANY, INC., a Delaware Corporation,
hereinafter referred to as ATE.
Now therefore, in consideration of mutual promises hereinafter given, it is agreed by
and between the CITY and ATE as follows:
SECTION 1. EMPLOYMENT AND ACCEPTANCE
The CITY hereby engages ATE as an independent contractor to manage the transit system
now or hereafter owned by the CITY. ATE agrees to supply such services.
SECTION II. DESIRED RESULT
The desired result to be achieved by ATE is management of the transit system under
CITY policies and in such a way as will provide the quality and quantity of service as is
from time to time determined by the CITY. It is understood that ATE will perform all
obligations herein set forth under the compensation and funding provided in this agreement.
However, ATE will not be required to perform beyond the presently comtemplated scope of
this contract including any additional federal requirements without compensation or funding
for such additional services.
SECTION III. SCOPE OF SERVICES OF ATE
For and in consideration of the compensation hereinafter specified, ATE agrees to
furnish all the management and supervision services reasonably required by CITY and necess
for the efficient and economical operation of the public transportation system and facilit
under policies, standards and procedures established by the CITY.
The management to be furnished includes, but shall not be limited to, those related
to transit planning, marketing, real estate management, equipment and building utilization
and maintenance, security, routes, schedules, fares, service standards, purchasing, accountir
budgeting, safety, insurance and claims, employee selection and training, employee relations,
labor negotiations (excluding interest arbitration), public relations, equipment selection,
grant applications, and all other managerial functions required in the operation of a
transit system. Additional services such as Bus Line Inspections, Comprehensive Operational
Analysis (COA), and EZDATA Computerized Ridership Data Collection Systems are available at
additional cost.
.SECTION IV.. COMMENCEMENT AND TERM
This contract will become effective on October 15, 1982, and expire on the last of
September, 1983.
This contract may be extended by mutual written agreement of the parties for additional
one year terms. Written Notice of intent to extend the agreement by the CITY must be
given ATE not less than 60 days prior to the expiration of the contract or any extension
to it.
SECTION V. ATE PERSONNEL
ATE will furnish a full-time General Manager at the expense of ATE. The initial and
subsequent appointment or removal of a General Manager will be the responsibility of ATE,
but will be with the approval of the CITY. The CITY shall have the right to require ATE
to remove a General Manager at the CITY's discretion. However, the CITY may prohibit ATE
from transferring or removing a General Manager only for good cause. The CITY shall pay
actual relocation expenses for a new General Manager in such event, but such payment shall
not exceed a maximum of $3,200.00. Any additional amounts shall be the responsibility of
ATE. The General Manager shall provide the active management and direction of the transit
system for and on behalf of the CITY. The General Manager shall reside in Lubbock.
Management of the Lubbock Transit System shall be his full time job. The CITY will reimburs
ATE for use by the General Manager of his personal vehicle on Transit System business at a
rate consistent with City of Lubbock policy.
SECTION VI. CONSULTING AND TECHNICAL ASSISTANCE
ATE shall provide up to 20 man days (160 hours) per contract year of consulting and
technical assistance that may be deemed necessary by the General Manager and approved by
the CITY to assist the General Manager in the operation of the transit system.
It is further understood and agreed that any consulting and technical assistance that may
be deemed necessary by the CITY in excess of 20 man days per contract year will be made
available to the CITY by ATE at the professional hourly rates specified in Exhibit A
attached hereto, which schedule shall be updated annually. Such consulting and technical
assistance shall include, but will not be limited to the following areas:
a) General Operations
11) qn-Fc,1-_7Pm-1 o
13 7 1. OCT 14 1982
c) Scheduling
d) Route Planning
e) Fare Structure, Zone Fares
f) Accounting and Office Management
g) Insurance and Claims
h) Equipment Maintenance
i) Garage and Shop Layout
j) Farebox and Security
k) Sales Promotion, including Charter sales
1) Stores and Purchasing
m) Public Relations, Employee Relations, Labor Negotia
tions, (excluding Interest Arbitration), Government Relations, including
assistance in Federal grant applications
n) Planning consistent with UMTA and Texas DOT procedures
o) Selection of New Equipment
p) Marketing
SECTION VII. COMPENSATION AND EXPENSES
a) Management Fee:
Period Amount
1st through 12th month $5,100.00 per month
b) Payment will be made by CITY to ATE on or before the
15th day of each month for that month's management fee. In the event this
section of the agreement becomes effective during a calendar month, the
compensation due ATE will be prorated on a daily basis for the balance of
the month.
c) Expenses of ATE Non-resident Personnel:
CITY will pay travel and living expenses of non-resident ATE personnel
while providing executive counseling or technical assistance services away
from their headquarters, as provided in Section VI, above, as follows:
Travel
1) Actual coach (or first class, if coach is unavail
able) air fare.
2) Automobile allowance computed at the lesser rate per mile established
by either the State or Federal government at the beginning of each
six month period that this Agreement is in effect.
3) Airport parking fees.
4) Related ground transportation costs.
Living
Actual costs incurred for lodging while away from headquarters, plus
$25.00 per them to cover food and miscellaneous expenses.
Non-resident ATE personnel will maintain records of their time and expenses
while providing executive counseling or technical assistance for CITY,
which records shall be presented at the time reimbursement by CITY is
requested.
SECTION VIII. EMPLOYEE DISHONESTY BOND
ATE shall supply to CITY a corporate surety bond issued by an insurance company
licensed to do business in Texas to protect CITY against dishonesty or fraudulent
acts of employees of ATE in the amount of One Million ($1,000,000) Dollars.
SECTION IX. SERVICES SUPPLIED BY CITY
CITY agrees that the expenses of all necessary office space, furniture, equipment,
supplies, materials and any other reasonable business expenses for the conduct of
its system will be considered part of the normal operational expenses of the system
which shall be paid by the CITY.
SECTION X. EMPLOYER STATUS
ATE, subject to the laws of the State of Texas, will continue to have formed a
separate corporation to be named TRANSIT MANAGEMENT COMPANY OF LUBBOCK, herein
referred to as TMCL, which by assignment shall assume and perform all services,
obligations and accept all rights and duties which have been extended or incurred by
or to ATE under the terms and conditions of this agreement.
The costs of forming TMCL, as well as ongoing expenses of that corporation,
including, but not limited to filing fees, corporate taxes and attorney's fees,
shall be considered part of the normal operating costs of the transit system.
TMCL shall be the employer of all employees necessary for the operation of the
transit system. TMCL shall assume all existing contractual obligations incidental
to the transit operation to the extent that CITY has agreed to be obligated.
SECTION XI. WORKING FUNDS
0 T 14198 1372
expenses of the transit system prior to reimbursement from the CITY each month.
(CITY agrees to carry at its expense sufficient parts inventory for the buses leased
for the Texas Tech University subsystem).
CITY agrees to pay ATE interest on amount utilized for the working fund. That
interest percentage shall be computed quarterly beginning on the first day of October,
1979, and shall be the prime rate charged by the Texas Commerce Bank of Lubbock,
Texas, less 2%.
CITY further agrees that in the event of termination of this agreement for
whatever reason, it will repay ATE within thirty (30) days the full amount of working
funds advanced by ATE, plus the accrued interest from date of last interest payment
through date of final repayment.
.SECTION XII. REVENUE
Revenue derived from the operation of any or all of the transit system or
systems managed by ATE, whether from passengers or from other sources shall be and
remain from the initial receipt thereof, the absolute property of the CITY and the
treatment of such revenue, including the banking thereof, and the accounting therefor,
shall be as directed by the CITY.
ATE on behalf of the CITY shall receive, collect and deposit all of the aforesaid
revenue collected in its operations in the manner directed by the CITY, and ATE
shall keep and maintain the books and records reflecting the operation of any or all
of the transit systems in conformity with the requirements of the CITY and at the
direction of the CITY shall render to the CITY such full and complete monthly or
other operating reports and financial statements as shall be required by the CITY.
SECTION XIII. TITLE TO PROPERTY
All real estate, buildings, equipment, buses, motor vehicles and all materials
and supplies reasonably necessary for the operation of the transit system shall be
furnished or leased by or on behalf of the CITY and shall remain the property of the
CITY. All property of any type, either real, personal or mixed, hereinafter acquired rea
necessary for performance of the transit system operations shall be acquired or leased at
CITY expense and shall become the property of the CITY.
SECTION XIV. PURCHASE OF EQUIPMENT AND SUPPLIES
ATE shall notify the CITY from time to time regarding the types and amount of materials
supplies and equipment, including buses, needed for use in the operation or maintenance of
any of the transportation systems managed by it for the CITY. ATE shall make recommendation!
as to type, quantity, and amount of materials, supplies and equipment needed and such
purchases shall be made pursuant to CITY policy.
SECTION XV. AUDIT AND INSPECTION OF RECORDS
ATE shall permit the authorized representatives of the CITY to inspect and audit all
data records of ATE relating to is performance under this agreement. To the extent that
Federal or State funds are involved, the right to inspection and audit shall extend to
authorized representatives of the United State Department of Transportation, the Comptroller
General of the United States and the State of Texas.
SECTION XVI. BUDGETS AND PROJECTIONS: FARES AND SCHEDULES
ATE agrees to prepare the necessary annual budgets and projections required by the
CITY and agrees to furnish periodic reports and recommendations to the CITY relating to
service extensions, route planning and service policies and either prepare or assist the
CITY in preparation of its annual report of operations. ATE agrees to assist in the
setting up and management of the "Operating Fund" as may be reasonably required and
requested. CITY has authority to establish and determine routes and the scheduling of
service for the public transportation system and the authority to fix and alter fares and
other charges to be collected in connection with the operation of the transit system and
ATE agrees to make periodic recommendations as to the rates of fares required and any
deletions, additions, or changes in the service and routing of the transportation system.
SECTION XVII. INDEPENDENT CONTRACTOR
ATE is an independent contractor and retains the right to exercise full control and
supervision over its employees, their compensation and discharge, and agrees to be solely
responsible for all matters relating to payment of its employees including compliance with
all applicable governmental rules and regulations governing such matters. ATE agrees to
be responsible for its own actions and those of its employees during the life of this
agreement.
y
1373 OCT 14 1982
SECTION XVIII. INSURANCE COVERAGE
CITY shall obtain insurance coverage which will provide insurance protection
against liability to third persons arising out of the performance of this agreement
including protection against liability to minors who file suit after obtaining legal
age, naming TMCL as the insured and ATE, its agents, servants and employees, the
Board of Regents of Texas Tech University, and the CITY as additional insureds. The
minimum coverage shall be $100,000/300,000 with excess coverage in the sum of $5,000,000.
Such insurance coverage shall include bodily injury, public liability, property
damage, fire and windstorm, vandalism and theft, excess coverage and legal liability
insurance.
. . CITY shall obtain Worker's Compensation Insurance in an amount no less than
required by applicable Texas law covering the employees of TMCL, on which insurance
ATE, the Board of Regents of Texas Tech University and the CITY shall be additional
insureds.
CITY shall obtain insurance against claims based upon discrimination and/or
violation of civil rights by TMCL naming ATE, the Board of Regents of Texas Tech
University and the CITY as additional insureds. The minimum coverage shall be
$500,000, with excess coverage in the sum of $5,000,000.
The cost of repairing damage to vehicles not reimbursable by insurance shall be
charged as a part of the operating expense.
ATE shall be provided with suitable information regarding the issuance of any
policy of insurance issued hereunder and if any such policy is cancelled during the
term of this agreement ATE shall be given ten (10) days written notice of such
cancellation prior to the effective date of such cancellation. The cost of all
insurance described herein shall be an operating expense payable by the CITY.
The CITY will indemnify and hold ATE and TMCL harmless from any liability to
third persons arising out of the performance of this Contract by ATE, its agents,
servants and employees provided that such performance is within the scope of the
duties of such agents, servants, and employees required by the provisions of this
contract and further provided that, in any case, such performance does not constitute
a willful or intentional tort, does not constitute gross negligence or fraud, or
does not result in criminal penalties.
SECTION XIX. WAIVER OF SUBROGATION
The CITY warrants that it shall require an endorsement on any existing or after
acquired public liability, fire and/or casualty policy of insurance providing a
waiver of subrogation by the insurer as to ATE and TMCL. CITY shall furnish a copy
of such endorsements to ATE. The CITY shall indemnify and hold ATE and TMCL harmless
from any liability to any insurance company which may claim right of subrogation by
reason of any payment to the CITY.
SECTION XX. ASSUMPTION OF DUTIES
Upon expiration or termination of this agreement for any reason whatsoever the
CITY or its designate shall, immediately and automatically, become the employer of
all persons who were employees of the transit system immediately prior to such
expiration or termination; the CITY or its designate also shall immediately and
automatically assume responsibility for the payment and performance of all outstanding
obligations arising out of the employment relationship, including, but not limited
to wages, benefits, pension and profit sharing plans, labor contracts and other
contractual obligations, including contractual arising out of the operation of the
system and hold ATE and TMCL harmless from any and all liability, responsibility or
cost arising out of such obligations. Provided, however, that for purposes of this
section, the General Manager shall not be considered an employee of the transit
system.
SECTION XXI. PERSONAL LIABILITY
No officer or director of the CITY or of ATE shall be personally liable for the
fulfillment of the conditions of this agreement.
SECTION XXII. DEFAULT
In case of any default hereunder claimed to exist by either party, such party
shall give the other party prompt written notice of such default, setting forth the
facts in reasonable detail, and in the event that the alleged defaulting party has
not remedied such default within thirty (30) days of notification (or in case of
defaults which require a longer period to remedy, has failed to commence upon such
remedy within said period and thereafter to diligently proceed toward completion),
the non -defaulting party shall have the right to terminate this agreement for cause.
This agreement also shall be terminable for cause at the option of the other party
if any party hereto is adjudicated a bankrupt, is subjected to appointment of a
receiver and fails to have such receiver removed within sixty (60) days, has any of
its property attached and fails to remove such attachment within sixty (60) days,
becomes insolvent or for a period of sixty (60) days is unable to pay its debts as
the same become due, upon sixty (60) days notice.
SECTION XXIII. SECTION 13(c) AGREEMENT
ATE does hereby agree to abide by any arrangements adopted by the CITY pursuant to Sect
13(c) of the Urban Mass Transportation Act of 1964, as amended, in the performance of its ob
tions hereunder.
SECTION XXIV. INTEREST OF MEMBERS OF CONGRESS
No member of or delegate to the Congress of the United States shall be admitted to any
share or part of this contract or to any benefit arising therefrom.
SECTION XXV. INTEREST OF PUBLIC OFFICIALS
No member, officer or employee of any public body, during his tenure, or for one year
thereafter, shall have any interest, direct or indirect, in this contract or the benefits
thereof.
SECTION XXVI. NON-DISCRIMINATION
In connection with the carrying out of this agreement, ATE and TMCL shall not
discriminate against any employee or applicant for employment because of race,
creed, color, sex, or national origin. ATE and TMCL will take affirmative action to
insure that applicants are employed and that employees are treated during employment
without regard to their race, creed, color, sex, age, disability, or national origin.
Such action shall include, but not be limited to the following: employment, upgrading,
demotion or transfer; recruitment advertising, layoff or termination; rates of pay
and other forms of compensation; and selecting or training, including apprenticeships.
The applicable provisions of Presidential Executive Order 11375 relating to Equal
Employment Opportunity are incorporated by reference herein.
The parties hereto recognize that this is an independent contractor relationship
and that the CITY shall not have the right to impose its personnel policies on ATE
or TMCL. The CITY agrees that, in the event ATE and/or TMCL is/are charged with or
sued for any alleged discriminatory practices, insofar as the alleged practices
occurred with the Authority of the CITY, or were done according to the policies of
the CITY, the CITY will indemnify ATE and TMCL against any liability or expenses
involved in the defense of such claims or lawsuits.
SECTIONXXVII. SEVERABILITY AND INTENT
Should any part of this Agreement be declared to be unconstitutional, invalid
or beyond the authority of either party to enter into or carry out, such decision
will not affect the validity of the remainder of this agreement, which will continue
in full force and effect.
This agreement is not intended to be a third party beneficiary contract and
confers no rights on anyone other than the CITY and ATE.
SECTION XXVIII. ASSIGNMENT
This agreement shall not be assigned, transferred, hypothecated or pledged by
ATE without prior written consent by the CITY.
SECTION XXIX. NOTICE
Notice to ATE means notice in writing addressed to the President of ATE and
delivered to the office of ATE at Cincinnati, Ohio.
Notice to the CITY means notice in writing addressed to the City Manager of the
City of Lubbock and delivered to City Hall, Lubbock, Texas, 79457.
SECTION XXX. GRANT CONTRACT COMPLIANCE
ATE hereby acknowledges and agrees that it shall comply with all terms and
conditions of Urban Mass Transportation Administration grant contracts between the
1375 OCT 141962
United States and the City of Lubbock, the City of Lubbock's applications, assurance,
and all other applicable laws and regulations which may apply in carrying out the
accomplishment of the programs.
ATE MANAGEMENT AND SERVICE CO., INC.: CITY OF LUBBOCK:
/S/David W. Davis
EXECUTIVE VICE PRESIDENT
ATTEST:
/S/ John Lucas
Assistant Secretary
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -
Treasurer
APPROVED AS TO CONTENT:
/S/ Denzel Percifull
Denzel Percifull, Director
of Public Services
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Asst.
City Attorney
EXHIBIT "A"
ATE
MANAGEMENT AND SERVICE COMPANY, INC.
PROFESSIONAL HOURLY RATE
AS OF OCTOBER 1, 1982
SENIOR EXECUTIVES
Rate
R.
Chesney
R. Prangley
$90.00
D.
Davis
P. Ringo
E.
Harvey
B.R. Stokes
R.
Monark
T.
Hock
D. Valtman
$80.00
H.
Springer
M. Marshall
$70.00
J.
Barbati
J.
Curry
K. Pollitt
H.
Juram
T. Wisenall
L.
Duckworth
R. Reichenback
$64.00
J.
Laster
B. Shaffer
SENIOR ASSOCIATES
G.
Gilbert
R.
Ronka
$60.00
L.
Huffman
P.
Toliver
J.
Lloyd
M.
Votel
J.
Morris
A.
Wunsch
A.
Olzinski
A.
Barnes
R.
Mitchell
$55.00
T.
Coz
M.
Reiley
W.
Fowler
A.
Savage
J.
Gobis
W.
Scott
G.
Gary
P.
Ward
A.
Mergner
SENIOR STAFF ASSOCIATES
B.
Balzer
E.
Kouneski
$50.00
K.
Burkhardt
G.
Little
C.
Considine
J.
MacAllister
A.
Daley
R.
Patrick
J.
Dowling
M.
Robertson
L.
Flagg
R.
Russell
W.
Hyde
D.
Smith
ATE MANAGEMENT AND SERVICE COMPANY, INC.
PROFESSIONAL HOURLY RATE (CONT'D.)
AS OF OCTOBER 1, 1982
AqqOOTATVQ
S. Agne
L. Comine
E. Crockett
F. DeWitt
M. Foster
W. Franklin
A. Fuhr
K. Graska
S. Hatcher
R. Hume
G. Lee
STAFF ASSOCIATES
M. Eagner
P. Helsel
CLERICAL
E. BArnes
T. Brunelle
M. Butler
V. Denham
V. Green
K. Kinderman
J. Lemerand
J. Lucas
J.M. Lucas
W. Morgan
M. Norris
R. Stern
T. Stewart
S. White
M. Williams
R. Zemites
R. Zemites
L. Mehn
M. Langenbrunner
G. Lutz
K. Oliver
E. Rohe
M. VonSeelen
L. Williams
Illegible - DATE October 1, 1982
82-41A-1376-2114 Ordinance No. 8373
( 20 )
$40.00
$30.00
$20.00
Consider an ordinance amending Sec. 28-66 of the Code of Ordinances regarding paving cuts.
This ordinance was precipitated by members of the Council as to whether or not there was
satisfactory evidence of the liability insurance coverage by utility companies. This
incident resulted from a claim filed against the City when actually the utility company
creating the paving cut was the responsible party for failure to replace the cut in accord<
to the standards of the City.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance
No. 8373 on first reading. Motion carried: 5 Yeas, 0 Nays.
HW/mck
ORDINANCE NO. 8373
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
ENTITLED "STREETS AND SIDEWALKS", BY AMENDING SECTION 28-66 THEREOF GOVERNING RESPONSIBILITY
FOR DAMAGE TO EXISTING MAINS, SEWERS, ETC.; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
82-41A-1376-2115 Consider a resolution stating intention to assess property abuttin
21 a Quaker Avenue
from.LOOP 289 to 82nd —Street.
Resolution No. 1226
This the third of five resolutions and one assessment ordinance regarding the street
improvements on Quaker Avenue. The west side of the project is pre -paid paving and
was placed with the City at the time the area was platted. The entire East side will
be assessed and this resolution authorizes the City Secretary to prepare a certified
copy for recording in the Deed Trust Records.
JCR: da
RESOLUTION NO. 1226
G.W.O. 11,591
WHEREAS, the City Council of the City of Lubbock by a resolution passed on
February 11, 1982, in regular session of said City Council declared a necessity for
and ordered the improvement of those certain streets. highWAVQ M-A
hereafter, by excavating, grading, and paving the same and by the construction of
drainage facilities therein and by the construction of curbs and gutters wherein
curbs and gutters are not now in place, and directing the City Engineer to prepare
plans and specifications for said improvements; and
WHEREAS, the plans and specifications for the improvements of said highways,
streets and alleys have now been duly approved by the City Council of the City of
Lubbock, Lubbock County, Texas; and
WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock County,
Texas, to be necessary in the public interest to make the improvements herein designated
on those certain highways, public streets and alleys or portions thereof; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT improving the hereinafter described highways, streets and alleys or
portions thereof, located within the City of Lubbock by excavating, grading and
paving the surface thereof and the construction of drainage facilities therein as
well as the necessary curbs and gutters which are not now in place be and hereby
found to be a necessity; and
THAT the cost of making such improvements be partly paid for by the City of
Lubbock and partly by the hereinafter described property abutting upon the highway,
street or streets and alleys or portions thereof which are hereby ordered to be
improved, and the owners of such property as a personal liability after public
hearing, all in accordance with and as required by Article 1105b, of the Revised
Civil Statutes of Texas amended by Chapter 281 Acts of the 52nd Legislature and
Amendments thereto.
The portions of streets and alleys upon which improvements are proposed to be
constructed and the abutting property proposed to be assessed for said improvements
designated and defined by Unit and Sub -Unit are as follows:
UNIT AND TO
SUB -UNIT STREET (86' WIDE) FROM
2240-40 Quaker Avenue S. Loop 289 82nd Street
THAT the City Secretary be and is hereby authorized and directed to prepare a
certified copy of this resolution and to record or cause same to be recorded in the
Deed of Trust Records of Lubbock County, Texas.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 14TH DAY OF OCTOBER, 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga ..
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/S/ John C. Ross Jr.
John C. Ross, Jr., City Attorney
82-41A-1377-2116 Consider a resolution ' authorizing the Mayo to execute a partial paving release on
22 units deleted from the 1982 Assessment Program and other specific properties (GWO
11,593).
Resolution No. 1227
This releases those alley sub -units that were deleted from the Assessment's public
hearing that are below the high water level of Lake #17 and the Smithlawn Addition.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass
Resolution No. 1226 stating the intent to assess properties on the street improvements
on Quaker Avenue from Loop 289 to 82nd Street; and to pass Resolution No. 1227
releasing those alley sub -units in the Smithlawn Addition deleted at the public
hearing held previously. Motion carried: 5 Yeas, 0 Nays.
OCT 14 iqg�378
JWF: da
RESOLUTION NO. 1227
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 Partial Paving Release concerning
certain paving units which were deleted from the paving assessment program, and also to
release certain abutting properties in which cases no assessments were needed, 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 14th day of October
ATTEST:
/S/Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
ISI J. Worth Fullingim
J. Worth Fullingim, Asst.- City Attorney
STATE OF TEXAS
COUNTY OF LUBBOCK
ISI Bill McAlister
BILL McALISTER, MAYOR
PARTIAL PAVING RELEASE
0
Whereas, the City Council of the City of Lubbock passed a Resolution declaring intent
to pave certain paving units as hereinafter described, which Resolution was passed March
25, 1982, and was recorded in Volume 812, Pages 770-773 (inclusive) of the Deed of Trust
Records of Lubbock County, Texas, and the City Council has determined that the following
paving units should be deleted from such paving program and the lien or cloud of title
caused thereby should be removed and released in the public records as against the following
paving units mentioned in said Resolution, to -wit:
Alleys
UNIT AND
SUB -UNIT ALLEYS (10' WIDE) FROM
A-460-85 E-W alley between
22nd Street & 22nd
Place
A-460-86 E-W alley between
22nd Place & 23rd
Street
A-460-87 E-W alley between
68th Street & 69th
Street
A-460-88 E-W alley between
22nd Street & 22nd
Place
UNIT AND
SUB -UNIT STREETS (36' WIDE)
2240-22 80th Street
W,
Louisville Avenue Memphis Avenue
Knoxville Avenue Louisville Avenue
Peoria Avenue 68th Drive
Indiana Avenue Joliet Avenue
Streets
FROM TO
Akron Avenue Boston Avenue
2240-24 S. 1/2 Grinnell
Street
N. Knoxville N. Indiana Avenue
Avenue
1379 OCT 14 1982
II.
And, furthermore said City Council finds that the following described properties
abutting a part of the following described paving units should not be assessed for
the reasons hereinafter stated as applied to each such abutting properties, and the
liens and clouds as against such abutting properties should be removed and released
as against such abutting properties, all located in the City of Lubbock, Lubbock
County, Texas, to -wit:
Unit 2240-26
Lot 23-A, Block 6, Westmoreland Addition
No assessment because of prepaid paving.
Unit 2240-29
Blocks 6 and 8, Smithlawn Addition
No assessment because these properties are below
the estimated high water elevation of Lake No. 17.
Unit 2240-30
Blocks 8 and 9, Smithlawn Addition
No assessment because these properties are below
the estimated high water elevation of Lake No. 17.
Unit 2241-2
Blocks 6 and 7, Smithlawn Addition
No assessment because these properties are below
the estimated high water elevation of Lake No. 17.
Unit 2244-1
North 14.22 feet of Lot 5, Horseshoe Terrace Addition
No assessment because of prepaid paving.
In consideration of the premises and to correct the public records as needed as
above set forth, the liens and clouds referred to in Section I hereof are hereby
released as against the paving units mentioned in Section I hereof, and the liens and
clouds as against individual abutting properties abutting a part of the paving units
as mentioned in Section II hereof are hereby released. All interests and liens of
the City of Lubbock not specifically herein released are hereby retained by the City
of Lubbock.
Executed this 14th day of
ATTEST:
October - , 1982.
CITY OF LUBBOCK
BY /S/ Bill McAlister .
BILL McALISTER, MAYOR
ISI Evelyn Gaffga _
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/S/ J. Worth Fullingim I -
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 18th day of October -1 1982.
/S/ Olivia R. Solis
Notary Public, Lubbock County, Texas
Commission Expires 11/30/85
OCT 14 1989 1380
82-41A-1380-2117 Consider a resolution repealing and rescinding Street Use License to Carbon Dioxide Technolo
( 23 ) Corporation (Reso. 1202, 9/9/82).
Reso.#1228 Resolution No. 1228
recinds Reso 1202
dated 9/9/82 On September 9, 1982, (Reso. 1202) Carbon Dioxide was issued a Street Use License for the
construction of a pipeline under Peach Street. Subsequent to this action, the Carbon
Dioxide folks apprised City staff that they had found a closer and more economical route
to lay their pipeline and wished to cancel the Street Use License.
This is a house -keeping procedure rescinding the Council's previous action.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution
No. 1228 rescinding Resolution No. 1202. Motion carried: 5 Yeas, 0 Nays.
JWF: j s
RESOLUTION NO. 1228
WHEREAS, Carbon Dioxide Technology Corporation was granted a Street Use License as
set forth in Resolution No. 1202 passed by this City Council on the 9th day of September,
1982; and,
WHEREAS, said Carbon Dioxide Technology Corporation has requested that the aforesaid
Resolution No. 1202 as heretofore passed be cancelled and be no longer of any force or
effect, and this City Council is agreeable to granting such request; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Resolution referred to in the preamble hereof be repealed and rescinded in
its entirety and of no longer any force and effect.
Passed by the City Council this 14th
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Tom Nivens
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
day of October
ISI Bill McAlister
BILL McALISTER, MAYOR
CARBON DIOXIDE TECHNOLOGY CORPORATION
P.O. Box 65018
Tom Nivens
Right of Way Dept.
City of Lubbock
916 Texas Ave.
Lubbock, Texas 79708
Dear Mr. Nivens:
(806) 745-7977
September 30, 1982
1982.
re: Right of Way Liscense
Peach Street
Thank you for your prompt attention to the above set out application. However, it will
not now be necessary for Carbon Dioxide Technology Corporation to cross Peach Street with
the purposed 6' Waste Water Line as we have acquired a closer routing for said pipeline.
Enclosed is the purposed liscense, previously executed by the City.
Sincerely Your,
/S/ Stanton Wagers, Jr.
Stanton Wagers, Jr.
1381OCT 141982
82-41A-1381-2118 Consider a resolution authorizing the Mayor to execute a Street Use License to
24 Texland Petroleum, Inc. for use of a portion of FM 2641 (Regis Street) H. A, Sessions
land 2
Resolution No. 1229
Texland Petroleum, Inc. requests a Street Use License to lay a pipeline underneath
the Santa Fe Railroad intersection of FM 2641 for their salt water disposal purposes.
The fee is $250 for a five-year period.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Resolution No. 1229 authorizing a Street Use License referenced above. Motion
carried: 5 Yeas, 0 Nays.
HW: da
RESOLUTION NO. 1229
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 and Alley Use License
Agreement with Texland Petroleum, Inc., attached herewith which shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of October
/S/ Bill McAlister
BILL McALISTER, 14AYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/S/ Harold Willard
Harold Willard, Asst. City Attorney
STREET AND ALLEY USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
, 1982.
This indenture made this - 14th_ day of ort,hp, 1982, being the date
of this Agreement, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation,
and TEXLAND PETROLEUM, INC., Lubbock County, Texas, hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK
does hereby grant to the LICENSEE, the right, privilege and license to use a portion
of dedicated streets to construct and maintain an underground pipeline to transport
salt water resulting from oil production, this license being classified as a subsurface
license, and such pipeline shall be constructed of tubular steel and have a minimum
cover of at least 40 inches from the ground surface at the following locations:
Field notes on a 10.0 feet pipeline easement, 5.0 feet on each side of the
centerline out of Section 1, Block D-4 Lubbock County, Texas and the centerline
being more particularly described as follows:
Beginning at a 3/8" iron rod set in the Southerly R.O.W. line of Farm Road
2641, whence the Northeast corner of Section 1, Block D-4 bears North 0'04'29"
East, 250.30 feet and South 89'57'20" East, 214.61 feet;
Thence North 14'26122" East at right angles to Farm Road 2641 R.O.W., at 60.0
feet cross Farm Road 2641 centerline station 286+14.75 and continuing for a
total distance of 120.0 feet to a 3/8" iron rod set for the end of this description,
in the Northerly R.O.W. line of Farm Road 2641, whence the Northeast corner of
Section 1, Block D-4 bears North 0'04'20" East, 134.07 feet and South 89'5712011
East, 184.84 feet.
OCT 14 1982 13 .
1. The term of this grant shall be for five (5) years from date hereof, and
shall be automatically extended for successive five (5) year terms not to exceed
twenty (20) years in any event unless either party shall give written notice of
termination to the other party sixty (60) days before the expiration of the first,
second, or third five (5) year term as the case may be, and the City of Lubbock
retains the right at its election to cancel and revoke this license with or without
cause upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly
served if deposited in the post office, postage paid, addressed to LICENSEE at 3402
Fort Worth National Bank Building, Fort Worth, Texas 76102, or the last known address
of LICENSEE.
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 N01100 ($250.00) DOLLARS cash in advance contemporaneously
with the acceptance and execution hereof by LICENSEE for the first five (5) year
term of this license, and thereafter such rate of compensation may be changed for
each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation
which is based on procedures and policies as established by the City Council of the
CITY OF LUBBOCK based on an appraisal of the fair market value of such land by the
Right of Way Department of the CITY OF LUBBOCK as applied to the formula for determining
such rate established by the City Council. If such rate is not changed by the CITY
OF LUBBOCK, the 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 maintenance
permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against
all claims, liability, cost and expense growing out of the performance of the work
to be done by such contractor. The CITY OF LUBBOCK may further require such contractor,
when engaged in the construction, repair or maintenance permitted herein, to furnish,
without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in
the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance
of all the terms, covenants and conditions contained in said agreement and a certified
copy of a policy of public liability assumed by contractor in said agreement with
the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to
incurring any costs or expenses or the payment of any such claims or demands in
order to give LICENSEE a reasonable opportunity to settle or adjust the same.
7. LICENSEE agrees and is required to furnish a policy of public liability and
property damage insurance, within limits specified by, and in a form satisfactory to
the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the
insured, said policy covering the uses herein granted.
8. All of the covenants and provisions of this license shall be binding upon
and inure to the benefit of the successors, legal representatives, assigns and the
duly authorized agents and contractors of the parties hereto to the same extent and
effect as the same are binding upon and inure to the benefit of the parties hereto,
but no assignment hereof by the LICENSEE, its successors and assigns, shall be
binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each
instance except as specified in Paragraph Five (5).
9. LICENSEE, by the acceptance of the uses permitted herein, understands and
agrees that no interest, title or rights of possession are intended or implied
except those expressly set forth herein and LICENSEE waives any and all claims in
and to the public way it is permitted to use hereby and agrees to give peaceful
possession of said property covered herein upon termination or cancellation of this
license.
CITY OF LUBBOCK
BY /S/ Bill McAlister
BILL McAlister, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
AGREED TO AND ACCEPTED this 27th day of October 1982.
LICENSEE: TEXLAND PETROLEUM, INC.
BY R. J. Schumacher
R. J. Schumacher, PRESIDENT
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/S/ Harold Willard
Harold Willard, 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 18th day of October
/S/ Olivia R. Solis
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 R. J. SCHUMACHER, President 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 27th day of October
/S/ Lusan B. McDonald
Notary Public, Tarrant County,
Texas
OCT 14198 1384
W. C. Bratcher, P.C.
CRENSHAW, DUPREE & MILAM
ATTORNEYS AT LAW
FIRST NATIONAL BANK BUILDING
LUBBOCK, TEXAS 79401
November 2, 1982
Mrs. Evelyn Gaffga
City Secretary
CITY OF LUBBOCK
P.O. Box 2000
Lubbock, Texas 79457
RE: Street use license - Lucille No. L
and H. A. Sessions Nos. 1 and 2
Dear Mrs. Gaffga:
(806) 762-5281
P.O. Box 1499
79408
Enclosed find Resolutions which you previously forwarded and which have been executed by
my client. We have retained a copy of each of these permits for our files.
Resolution 1229, dated October 14, 1982, is designated as Red Radider No. 1 well site;
however, it should be designated as H. A. Sessions Nos. 1 and 2 and all of the desciprtive
information as well as the plat attached refers to H. A. Sessions Nos. 1 and 2. Designating
Resolution 1229 as H. A. Sessions 1 and 2 will not necessitate any changes in either the
legal description or the plat attached since both refer to and have always referred to the
H. A. Sessions 1 and 2. 1 fyou have any questions, please advise.
With kindest personal regards, we are
nw
encls.
Yours very truly,
CRENSHAW, DUPREE & MILAM
ISI W. C. Bratcher
W. C. Bratcher
82-41A-1384-2119 Consider a resolution authorizing the Mayor to execute a Street Use License to Texland
( 25 ) Petroleum, Inc. for use of Mesa Road and Newcomb Street (Lucille #1 well site).
*Permit for Lucille Resolution No. 1230
No. 1 is filed This is a request of Texland Petroleum, Inc. for a Street Use License to lay a oil -
in Oil and Gas flow pipeline underneath Mesa and Newcomb Streets just north of the Lubbock Country
Drilling Permit File. Club. The fee is $455 for the first five-year period.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass
Resolution No. 1230 issuing the Street Use License to Texland Petroleum, Inc. for an
oil -flow pipeline referenced above. Motion carried: 5 Yeas, 0 Nays.
HW: da
RESOLUTION NO. 1230
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 and Alley Use License
Agreement with Texland Petroleum, Inc., attached herewith which shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this IA±h_day of 0rtnhPr 1982.
IS/ Bill McAliqtpr
BILL McALISTER, MAYOR
RVIN&W
ZSJ F-vpl)zn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
J-S,/-. Don Jennings,
Don Jennings, City Engineer
APPROVED AS TO FORM:
•
STREET AND ALLEY USE LICENSE
*NOTE: Plat filed
w/ Resoluton THE STATE OF TEXAS
COUNTY OF LUBBOCK
This indenture made this _14_today of October ____,_,____1 1982, being the date
of this Agreement, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation,
and TEXLAND PETROLEUM, INC., Lubbock County, Texas, hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK
does hereby grant to the LICENSEE, the right, privilege and license to use a portion
of dedicated streets to construct and maintain an underground pipeline for transporting
oil to storage, this license being classified as a subsurface license, and LICENSEE
shall bore under all existing concrete and asphalt paving and drainage improvements
and street and alley appurtenances so as to avoid cutting or destroying the same and
all street and alley crossings shall be cased with steel casing and such casing
shall be vented externally, and such pipeline shall be constructed of tubular steel
and have a minimum cover of at least 40 inches from the ground surface at the following
locations:
Field Notes on a 10.0 feet pipeline easement 5.0 feet on each side of the
centerline out of Lucille Addition to the City of Lubbock, out of Section 9,
Block A, Lubbock County, Texas and the centerline being more particularly
described as follows:
Beginning at a point in the West line of Lot 6, Lucille Addition at centerline
station 0+67.5, from whence the Northwest corner of Lot 6, Lucille Addition
bears North, 15.2 feet;
Thence West, 4.0 feet to a 3/8" iron rod set for centerline P.I. station 0+71.5;
Thence South 4.0 feet West of and parallel to the East line of North Avenue E,
a distance of 68.8 feet to a 3/8" iron rod set at centerline P.I. station
1+40.3;
Thence West across North Avenue E and along the centerline of Newcomb Street, a
distance of 476.26 feet to a 3/8" iron rod set 13.1 feet West and 28.0 feet
North of a 1" iron pipe found at the Northwest corner of Lot 20, Lucille Addition,
said 3/8" iron rod being at centerline P.I. station 6+16.56;
Thence South, 13.1 feet West of and parallel to the East line of Mesa Road, a
distance of 830.78 feet to a 3/8" iron rod set at centerline station 14+47.34
for the end of this description, whence the Southwest corner of Lot 20, Lucille
Addition bears East, 13.1 feet and North 624.78 feet.
Containing 13,798.4 square feet.
1. The term of this grant shall be for five (5) years from date hereof, and
shall be automatically extended for successive five (5) year terms not to exceed
twenty (20) years in any event unless either party shall give written notice of
termination to the other party sixty (60) days before the expiration of the first,
second, or third five (5) year term as the case may be, and the City of Lubbock
retains the right at its election to cancel and revoke this license with or without
cause upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly
served if deposited in the post office, postage paid, addressed to LICENSEE at 3402
Fort Worth National Bank Building, Fort Worth, Texas 76102, or the last known address
of LICENSEE.
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 FOUR HUNDRED FIFTY-FIVE AND N0/100 ($455.00) DOLLARS cash in advance
contemporaneously with the acceptance and execution hereof by LICENSEE for the first
five (5) year term of this license, and thereafter such rate of compensation may be
changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of
compensation which is based on procedures and policies as established by the City
Council of the CITY OF LUBBOCK based on an appraisal of the fair market value of
such land by the Right of Way Department of the CITY OF LUBBOCK as applied to the
formula for determining such rate established by the City Council. If such rate is
not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term
shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates
in writing ninety (90) days before the start of the five (5) year term to which such
change in rate shall apply, and if such notification be not timely made then the
rate for the preceding five (5) year term shall apply.
3. The LICENSEE agrees to pay all costs arising out of the exercise of this
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.
N
5. This license is not transgerable 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 maintenance
permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against
all claims, liability, cost and expense growing out of the performance of the work
to be done by such contractor. The CITY OF LUBBOCK may further require such contractor,
when engaged in the construction, repair or maintenance permitted herein, to furnish,
without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in
the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance
of all the terms, covenants and conditions contained in said agreement and a certified
copy of a policy of public liability assumed by contractor in said agreement with
the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to
incurring any costs or expenses or the payment of any such claims or demands in
order to give LICENSEE a reasonable opportunity to settle or adjust the same.
7. LICENSEE agrees and is required to furnish a policy of public liability and
property damage insurance, within limits specified by, and in a form satisfactory to
the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the
insured, said policy covering the uses herein granted.
8. All of the covenants and provisions of this license shall be binding upon
and inure to the benefit of the successors, legal representatives, assigns and the
duly authorized agents and contractors of the parties hereto to the same extent and
effect as the same are binding upon and inure to the benefit of the parties hereto,
but no assignment hereof by the LICENSEE, its successors and assigns, shall be
binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each
instance except as specified in Paragraph Five (5).
9. LICENSEE, by the acceptance of the uses permitted herein, understands and
agrees that no interest, title or rights of possession are intended or implied
except those expressly set forth herein and LICENSEE waives any and all claims in
and to the public way it is permitted to use hereby and agrees to give peaceful
possession of said property covered herein upon termination or cancellation of this
license.
CITY OF LUBBOCK
BY /S/ Bill McAlister
BILL McAlister, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
AGREED TO AND ACCEPTED this 27th day of October , 1982.
LICENSEE: TEXLAND PETROLEUM, INC.
BY /S/ R. J. Schumacher
R. J. Schumacher, PRESIDENT
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Asst. City Attorney
1387 OCT 14 1982
82-41A-1387-2120
( 26 )
82-41A-1387-2121
( 27 )
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 18thday of October
1982.
/S/ Olivia R. Solis
Notary Public, Lubbock County, Texas
Commission Expires 11/30/85
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
Texas on this day personally appeared R. J. SCHUMACHER, President 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 27th day of October
/S/ Lusan B. McDonald
Notary Public, Tarrant
Texas
Consider winter rates for Meadowbrook Golf Course.
County,
It is the recommendation of the Golf Professional that special winter rates be
established for November, December, January, and February on a trial basis, the
purpose being to stimulate play during unseasonable weather and would also serve as
compensation for the inconvenience of the construction of the golf course later in
the year.
The recommended rates are:
Current Winter
Weekends/Holidays $ 7.00 $ 6.00
Weekdays 5.50 4.50
After 3:00 p.m. 4.00 3.50
After 5:00 p.m. 2.50 2.00
The motion was made by Councilman Aderton, seconded by Councilman Brown to approve
the recommended winter rates for the Meadowbrook Golf Course. Motion carried: 5
Yeas, 0 Nays.
Consider a resolution authorizing the Mayor to sign an Amendment to the Golf Professional
Agreement, extending the termination date of January 1, 1983.
Resolution No. 1231
The five-year contract with Golf Professional Jay McClure expired September 30, 1982
and is in the process of being renegotiated. This action recommends the extension
of the existing contract to January 1, 1983 to allow adequate time for the negotiations
and re -drafting of the new contract.
The motion was made by Councilman Brown, seconded by Councilman Aderton to pass
Resolution No. 1231 granting the extension of the existing contract with Golf Professional
Jay McClure. Motion carried: 5 Yeas, 0 Nays.
JS:da
RESOLUTION NO. 1231
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 Second Amendment to the Golf
Professional Agreement and the Amendment thereto extending the term of said Agreement,
ICT 14 19e88
7
as amended, to January 1, 1983, which second amendment, attached herewith, shall be
spread upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 14th day of October
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
ISI Joan Sherwin
Joan Sherwin, Assistant City Attorney
SECOND AMENDMENT TO GOLF
PROFESSIONAL AGREEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK §
WHEREAS, the City of Lubbock and John J. McClure entered into a Golf
Professional Agreement dated August 25, 1977, to provide for services to be performed
and compensation to be paid for the management and golf professional duties rendered
at Meadowbrook Municipal Golf Course; and
WHEREAS, the said Golf Professional Agreement was subsequently amended by
an agreement dated October 27, 1977, providing for rights, privileges, and duties
relating to a snack bar; and
WHEREAS, the term of the said Golf Professional Agreement and the amendment
thereto expired on September 30, 1982; and
WHEREAS, the parties to the said agreement desire to extend the term of
such agreement to January 1, 1983;
NOW THEREFORE, notwithstanding anything contained in any written communication
or any prior agreement to the contrary, the parties do hereby agree that the Golf
Professional Agreement and the amendment thereto will be extended to January 1,
1983, on the same terms and conditions as specified therein and that the said Golf
Professional Agreement and amendment thereto shall then terminate and be of no
further effect between the parties.
Executed this 14TH day of
October
CITY OF LUBBOCK
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Jim Weston
Jim Weston, Director of Community Facilities
RVINITIONN111�16 ••�
/S/ Joan Sherwin /S/ John J. McClure
Joan Sherwin, Assistant City Attorney JOHN J. McCLURE
1389 OCT 1 41982
82-41A-1389-2122 Hold a public hearing on the application of El Ran, Inc. for an oil and gas drilling
( 17 ) permit, generally located west of Amarillo Hwy, south of Ell 2641 and south of Owen
Street, designated Bray #1 well site.
*Publisher's Affidavit
below In accordance with notice published in the Lubbock Avalanche Journal on September
29, 1982, a public hearing was held on the above matter.
Proponent; Marion Key, attorney on bahalf of E1 Ran, Inc.
The production unit contains 40 acres and has been unitized by lease assignments
from Texland Petroleum, Inc. to E1 Ran, Inc. for those few parcels on which El Ran j
did not hold a lease.he applicant proposes to use steel sludge pits and does not
plan to landscape the well site or the adjacent storage tanks because it is not in
close proxemity to residential units. Ingress and egress is from FM 2641.
Due to the distance from existing development and access to FM 2641, short-term land
uses are negligible. The proposed site is designated residential on the Land -Use
map and is located just west of a designated commercial area. The existing land
uses are primarily agricultural, oil production, and scattered residential/commercial.
There being no opposition and no discussion, the hearing was closed at 10:20 a.m..
- •t„ , +a:a Sri
i
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Bonnie McKee a Notary Public in and for Lubbock
"noisreaGi�;bteinarina9r toitNangaa ar
pW
Personally appeared TWi AufiIIg Aeeaunt Mana�E' of�sa
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning aorMwihao
The locatioh;of the proGased w#1i
being by me duly sworn did depose and say that said newspaper has been public, 'and stortaste:s�t;f ,e �� rail tame ore
L e� a I N o t i c e 1 feet wesgof �tSe Armariklo HlgirwaY
than fifty two weeks prior to the first insertion of this _ r64feetsouth•ofRM 2G41wandu233�;=
Word — S 3 9.3 0 feet nortn of Owen+street, Tire iaa .
No. 59807�_ at Lubbock County. Tea, tion is names 6rav�+tlpti Ran int
ed coy of the Notice t i e e is a true copy of the original and p, p,t � his public ,heer�i�e itr the eCx oe k
Avalanche -Journal on the following dates: encedadina tionlslnaccottlence.�
S e e t e m b e r 2 9� 19 8 2. = with Ordinance 8327 K�"ode�ot drdt n
fences
K r> 130 fTltvafiUlbbeck'�((e8
DATED this 29th dar'of 5apterrN
—
�s/ EV�VNGAFFG24 3 � r.
City SecratiaMIeea"ueY`�,.
Account Mana er
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
n
Subscribed and sworn to before me this 29 t h day of Sep t emh e r 19 �
S E P 3 Q 1982
130NN,F t&W.:.. NOTARY PUBVC iCITY SECRETARY
i:, r;)
Jt�p P THE STATE OF TEXAS
FORM58-10
�; Ex iRVS NOV. 10, 1984
P::, :;`;`,:n�;�S��U 1'
N
82-41A-1389-2123 Consider issuing Oil and Gas Drilling Permit to E1 Ran, Inc. for well site design�tec._
( 18 ) as Bray #1.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to issue
the Oil and Gas Drilling Permit to El Ran, Inc. for Bray #1 well site subject to the
following conditions:
(1) No hydrocarbon lubricant (waste oil) shall be used to free -up
the hole during drilling until surface casing is set for a
minimum depth of 500'.
(2) The permittee shall meet all other conditions of Section 19a
of the Lubbock Code and those specifications indicated within
the application for E1 Ran, Inc., Bray #1.
Motion carried: 5 Yeas, 0 Nays.
82-41A-1389-2124 Consider accepting control valves purchased for Water Treatment Plant and Pump
( 28 ) Station #9 (Bid #6373, Reso. 851, 6/18/81), and authorize final payment to contractor.
*NOTE: See Reso. No 851 The original contract was in the amount of $133,000 allowing 85% to be paid at the
6/18/81 time of delivery of the referenced valves. The valves have been received and have
been installed and the project has been accepted and the final payment would be in
the amount of $19,950 to Allis-Chalmers.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to accept
the above project and authorize final payment to contractor as stated. Motion
carried: 5 Yeas, 0 Nays.
1390
OrT
82-41A-1390-2125 Consider accepting water and sewer improvements for Shadow Hills Addition, Tracts D, E &
( 29 ) F.
Resolution No. 1236
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to accept the
above referenced water and sewer improvements in Shadow Hills Addition and to pass
Resolution No. 1236 authorizing same. Motion carried: 5 Yeas, 0 Nays.
JCR: da
RESOLUTION NO. 1236
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACTS D, E & F, SHADOW
HILLS ADDITION.
WHEREAS, the developer of Tracts D, E & F, Shadow Hills Addition have complied with
the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water
and sewer improvements for said addition in accordance with paragraph 61 of said Chapter
34; and
WHEREAS, the total utility cost to the developer is $104,588.92 with the improvements
constructed by Panhandle Construction Company having a value of $98,344.80 as determined
by the unit prices established by said Chapter 34, and $7,012.61 cash paid to the City,
with Killgore Properties, the developer, to receive a refund of $6190.75 in accordance
with Chapter 34 of the Code of the City of Lubbock and a refund of deposit in the amount
of $768.49; and
WHEREAS, the construction of said water and sewer improvements was performed under
the supervision of the Water Utilities Engineer and completed in accordance with City of
Lubbock's plans and specifications, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements be and the same are hereby accepted as an integral part of
the water and sewer system of the City of Lubbock.
2. That the refundable cost in the amount of $6190.75 be made in accordance with
said Chapter 34.
3.
That
a refund of
deposit be
made
in the
amount of
$768.49.
4.
This
resolution
shall take
effect
and be
in force
from and after its passage.
PASSED AND APPROVED THIS 14th DAY OF October
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffjza
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Wilford D. Watson
Wilford D. Watson, Chief Water Utilities
Engineer
ISI John C. Ross, Jr.
John C. Ross, Jr., City Attorney
82-41A-1390-2126 Ordinance No. 8374
( 30 )
Consider an ordinance amending Sec. 31-1 of the Code of Ordinances (Ord. 8167) regarding
limousine and touring vehicles.
At the September 23, 1982 Council Meeting, the Council asked that the limousine ordinance
be amended to further clarify the definitions of "limousine" and to provide flexibility of
permitting vehicles beyond the 5-year limit as indicated in the present ordinance. The
definition has been revised to include those vehicles commonly recognized as luxury
automobiles and actually specifies name and type of vehicles under this category; the
revision extends the age of the vehicle from 6 years to 10 years and will thus provide the
City Manager's office more flexibility in issuing permits.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance
No. 8374 on first reading. Motion carried: 5 Yeas, 0 Nays.
1391 OCT 14199
DGV/mck
ORDINANCE NO. 8374
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, WITH REGARD TO THE OPERATION OF LIMOUSINES AND TOURING VEHICLES
WITHIN THE CITY OF LUBBOCK; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
82-41A-1391-2127 Ordinance No. 8375
31
Consider an ordinance amending voting precinct boundaries of the City of Lubbock to
conform to the voting precinct boundaries of Lubbock County within the City of
Lubbock.
Since the election in 1982, the County Commissioners once again changed the voting
precinct boundaries creating a new precinct (No. 67) out of part of voting precinct
No. 52 in South Lubbock. The proposed ordinance incorporating these changes in the
city precincts and all of the necessary documentation will be submitted to the
Justice Department for pre -clearance not later than November 12, 1982.
The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass
Ordinance No. 8375 on first reading. Motion carried: 5 Yeas, 0 Nays.
DGV:da ORDINANCE NO. 8375
AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, BY ADDING THERETO A NEW VOTING PRECINCT NO. 67 AND AMENDING THE
BOUNDARY DESCRIPTION OF PRESENT VOTING PRECINCT NO. 52; PROVIDING A MAP OF THE
VOTING PRECINCTS OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF CHAPTER 10
NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
82-41A-1391-2128 Consider a resolution authorizing the Mayor to sign a contract for architectural
32 services for Day Care Center #2.
Resolution No. 1232
The staff was authorized at the Work Session on 9/23/82 to negotiate for architectural
services for Day Care Center #2, said project being funded by Community Development
Funds. This facility is located in the 2900 block of Erskine and will consist of a
one -Story structure.
The firm of Atcheson, Cartwright and Associates was selected as the architectural
firm and the fixed fee is $19,750, which is 7.9% of the total sum budgete for this
project. The contract provides for the architects to re -work the bid documents at
no expense to the City in the event the bids exceed the budgeted funds; the architect
is to make arrangements for surveying the soil testing; the architect is to furnish
the City a set of reproduceable drawings which will become the property of the
Cityts; the architect is to notify the City of any claims against the contract by
subcontractors or materialmen; and the architect is to begin work after he has
received a letter of notification to proceed.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass
Resolution No. 1232 authorizing the contract with the firm of Atcheson, Cartwright
and Associates for the construction of Day Care Center #2. Motion carried: 5 Yeas,
0 Nays.
SMH: da
RESOLUTION NO. 1232
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock an Agreement between the City of
Lubbock and the Architect, Atcheson, Cartwright & Associates for Day Care Center No.
2, 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 14th day of October ,1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST: I
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
OCT 14 1982 1392
82-41A-1392-2129 Consider a resolution creatia&,a State Sesquecentennial Coordinating Committee and
( 33 ) Steering Committee.,
Resolution No. 1233
At the September 23, 1982 meeting, the Council discussed ways to coordinate the
various celebrations --Diamond Jubilee for the City, Texas Tech celebration and the
Texas Independence Sesquecentennial Celebration -- and it was by CONCENSUS that they
instructed the staff to have the Executive Committee of the Jubilee 75 (City) Committee
serve as the coordinating committee for the subsequent celebrations. The guidelines
issued by the Governor's office stipulate that a resolution must be passed to provide
for a Sesquecentennial Coordinating Committee which will consist of members of the
Jubilee 75 Committee to work on the Texas Independence celebration, said committee
being charged with submitting a master plan. Additionally, the resolution provides
the Jubilee 75 Executive Committee to serve as the Steering Committee to coordinate
all the activities, as stated above. It is the staff's recommendation that the
Sesquecentennial Committee provide a staff person to work closely with all participating
entities as coordinated through the Chamber of Commerce, which was a procedure used
during the Bicentennial Celebration. Possibly the Chamber will provide such a staff
person.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass
Resolution No. 1233 creating a State Sesquecentennial Coordinating Committee and
Steering Committee. Motion carried: 5 Yeas, 0 Nays.
DGV: j s
RESOLUTION NO.1233
WHEREAS, the City Council of the City of Lubbock desires to have the City of
Lubbock designated a "Texas Independence Community" in connection with the 1986
Sesquicentennial Celebration of the State of Texas; and
WHEREAS, the City of Lubbock has begun planning for its own historical celebration
in honor of the City's 75th year since incorporation during the year 1984; and
WHEREAS, Texas Tech University has begun planning for a celebration of the 60th
anniversary of Texas Tech University during the year 1985; and
WHEREAS, the City Council desires that all of the aforementioned celebrations
and activities be coordinated in order to provide the best possible arrangement of
activities and events for the citizens of the City of Lubbock; and
WHEREAS, the City Council has heretofore selected 75 persons to serve as
members of the Jubilee 75 Committee, including 10 persons to serve as the Executive
Committee; and
WHEREAS, the members of the Jubilee 75 Committee comprise a cross section of
the community as a whole, with membership balanced in terms of age, sex and ethnicity;
and
WHEREAS, the members of the Jubilee 75 Committee include representatives from
city government; civic, cultural, patriotic and historical societies; educational
organizations, both private and public; communications and media; and business and
trade associations; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT there is hereby created a "Sesquicentennial Coordinating Committee," which
Committee shall be composed of the members of the Jubilee 75 Committee heretofore
appointed by the City Council to assist with the planning and implementation of the
City's 75th anniversary in 1984; and
THAT the Sesquicentennial Coordinating Committee shall prepare a "Master Plan"
for the City of Lubbock's local celebration of the 1986 Sesquicentennial Celebration,
which Master Plan shall be submitted to the City Council for approval by Resolution
and forwarding to the State Sesquicentennial Commission; and
THAT the Jubilee 75 Executive Committee shall serve as the overall Steering
Committee to assist in coordinating the activities of the City of Lubbock, Texas
Tech University and the Board of City Development with regard to the individual
celebrations and the Sesquicentennial Celebration; and
THAT following submission and approval of the Master Plan by the City Council
and the State Commission, the Sesquicentennial Coordinating Committee shall perform
the following duties:
(a) To actively develop and implement special community -wide Sesqui-
centennial projects, celebrations, and activities;
(b) To encourage existing local groups and organizations to develop their
own individual Sesquicentennial projects, and to offer assistance and advice in
the implementation of these plans;
(c) To help coordinate the programs and activities of participating
groups and agencies;
1393 OCT 2 41992
(d) To serve as the official point of contact between local organizations
and groups and the Commission in Austin;
(e) To officially participate in a regional coordination of activities
with surrounding communities; and
THAT Jubilee 75 members not desiring to continue their duties through the
Sesquicentennial Celebration may resign their memberships and the City Council may
i
appoint replacements meeting the requirements above set out for the Sesquicentennial
Coordinating Committee.
Passed by City Council this 14th day of October 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
i
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Vaughn Hendrie
Vaughn Hendrie, Director of Community Relations
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
82-41A-1393-2130 Consider the request of Plains Gas Company for the installation of an LP Gas tank
( 34 ) at 2408 Grinnell.
Plains Gas Company has requested to install an LP gas tank at 2408 Grinnell Street
to service their delivery vehicles. The Fire Marshall has made the required inspection
and approval has been granted from the Railroad Commission.
The motion was made by Councilman Brown, seconded by Councilman Aderton to grant
this request. Motion carried: 5 Yeas, 0 Nays.
82-41A-1393-2131 Consider request of Lubbock Housing Authority regarding payment in lieu of taxes.
( 35 )
At the 8:30 Work Session, the Council was apprised of the request of the the Housing
Authority Board for the City to waive payment in lieu of taxes, for improvements,
services and facilities furnished by the City for the benefit of the Public Housing
projects --a practice that had been instituted many years ago. The Housing Authority
made payments to the City since 1961, the date of the agreement, through 1968 with
exception of 1962 at which time no payment was made.
The Housing Authority is now requesting that the City forgive the Authority of
payments for the year 1962, and 1969-1982 inclusive, and to do away with thepayments
in lieu of taxes for future years. The Authority has accumulated some funds which
they cannot use except for improvements and capital projects, unless the city agrees
to waive the payments. The total amount accumulated is $98,200.00. They are wanting
to use this money for special projects such as paving the parking lot, renovating
housing in Cherrypoint, and related items. The. Authority will receive no subsidy
from the federal government in 1983.
i
At the regular session, Chairman of the Housing Authority Board Julian Simpson -
appeared to reiterate the above points of discussion whic h occurred at Work Session
and indicated that waiver of these payments which was instigated under Article 1269
(K) of the Statutes establishes the formula that makes the above referenced procedure
valid.
Following Mr. Simpson's presentation, the motion was made by Councilwoman Baker,
seconded by Councilman Brown to deny the request of the Housing Authority Board to
waive any payments in lieu of taxes. Motion carried: 4 Yeas, Mayor Pro Tem. Henry
voting Nay. --
Off 141982 1394
82-41A-1394-2132 Consider a resolution authorizing the Mayor to sign an agreement with David M.
36 Griffith & Associates for Indirect Cost Allocation Plan, and authorizing a Community
Development Contingency Fund adjustment for indirect costs.
Resolution No. 1234
The City contracted with David M. Griffith & Associates last year to develop an
Indirect Cost Allocation Plan. The proposed contract is for two years at $13,000 per
year (1983-84, 1984-85) and to make the 1982-83 fiscal adjustments. The Indirect
Cost Allocation Plan is beneficial to the City as it assists us in recovering indirect
costs associated with various grants - Community Development, Library Grants, Crime
Prevention, Transit, and so forth.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass
Resolution No. 1234 approving the above referenced aggreement. Motion carried: 5
Yeas, 0 Nays.
DGV:da
RESOLUTION NO. 1234
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 to provide Professional
Consulting Services to 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.
BE IT FURTHER RESOLVED:
THAT the Director of Finance BE and is hereby authorized to make a Community
Development Contingency fund adjustment of $60,000 for indirect costs.
Passed by the City Council this 14th day of October ,1982.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Robert Massengale
Robert Massengale, Director of Finance
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
AGREEMENT TO PROVIDE
PROFESSIONAL CONSULTING SERVICES
TO THE CITY OF LUBBOCK, TEXAS
THIS AGREEMENT, entered into this day of 1982, and effective immediately
by and between David M. Griffith and Associates, Ltd. (hereinafter called the Consultant")
and the City of Lubbock, State of Texas (hereinafter called the "City"), WITNESSETH THAT:
WHEREAS, the City has programs which it operates with outside funding, and
WHEREAS, the City supports these programs with support services paid from City
appropriated funds, and
WHEREAS, outside users will pay a fair share of these costs if supported by an
approved cost allocation plan, and
WHEREAS, the City has previously filed an approved plan and has recovered outside
funding due to the City, and
WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced in the
requirements of developing and negotiating such governmental cost allocation plans, and
WHEREAS, the City desires to engage the Consultant to assist in developing a plan which�
conforms to Federal requirements and will be approved by their representatives,
1397 OCT 141982
--- - -- ------
DGV: da
RESOLUTION NO. 1235
WHEREAS, the City of Lubbock by various ordinances has authorized the issuance
of various bonds in various amounts and said ordinances all provide interest and
sinking funds as required by law, including reserve funds to pay the obligations
therein created, and special funds have been designated for said bonds, which funds
are maintained by designated custodian depositories which have been designated as
paying agents of the bonds by ordinance; and
WHEREAS, the City of Lubbock has on deposit in said funds and in various other
funds substantial sums of money, and the governing body of the City of Lubbock has
heretofore authorized the investment of portions of said funds in United States
Government Securities as provided by law and in other legal investments for municipalities,
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Director of Finance of the City of Lubbock is hereby
authorized and directed to select securities allowed by law for legal investment by
cities, which securities are to be purchased by and held for the benefit of such
funds as may be directed by the Director of Finance; provided however that when
securities are to be paid for out of bond retirement funds, the only securities
which may be purchased are those securities provided for by the ordinance creating
such bond retirement fund.
SECTION 2. THAT various banks may be designated as custodian and depository
for City of Lubbock funds and such bank or banks are hereby authorized and directed
upon request of the Director of Finance of the City of Lubbock to invest any and all
funds as may be directed by said Director of Finance.
SECTION 3. THAT depository banks are hereby authorized and directed to convert
securities into cash on request by the Director of Finance for benefit of the accounts
from which said securities were purchased; and further provided that said banks
shall otherwise be liable as the custodians and depositories of said funds, including
bonds and/or certificates, and interest accruing from such investments.
SECTION 4. THAT the Director of Finance of the City of Lubbock is hereby
authorized and directed to transfer such monies, as he, in the exercise of his
discretion, may choose, from checking accounts into time deposit accounts and vice -
versa and that the Director of Finance is hereby given the authority to direct and
control the financial investments of the City of Lubbock under the direction of the
governing body and the City Manager and shall have authority to undertake such
actions as may lawfully be done on behalf of a city under existing statutes, ordinances
and resolutions at the time of the action taken.
THAT in order to expedite receipt of funds, the Director of Finance is
hereby authorized and directed to use wire services and correspondent banks as
agents to make transfers or accept funds to be credited to the City of Lubbock at
the earliest possible date.
SECTION 5. THAT nothing contained herein shall be construed to authorize the
breach of any existing depository contract at the time this Resolution is made.
Passed by the City Council this 14th day of Octboer , 1982.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Robert Massengale
Robert Massengale, Director of Finance
APPROVED AS TO FORM:
7-1
/S/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
28-41A-1397-2134 Consider Claims against the City.
38 a. Claim No. 82C624 David Penesak $170.44
Damage to automobile
OCT 14 79,8� 1398
Damage to automobile
The motion was made by Councilman Brown, seconded by Councilwoman Baker to DENY the above
referenced claim. Motion carried: 5 Yeas, 0 Nays. I
C. Claim No. 82-C-621 Tim McGinnis $138.19
Damage to automobile
The motion was made by Councilman Brown, seconded by Councilwoman Baker to DENY the above
referenced claim. Motion carried: 5 Yeas, 0 Nays.
d. Claim No. 82-C-620 Robert G. Lange $50.00
Damage to automobile
The motion was made by Councilman Brown, seconded by Councilwoman Baker to DENY the above
referenced claim. Motion carried: 5 Yeas, 0 Nays.
e. Claim No. 81-C-545 Tobe Leover, $500.00
Garden damage from city mower
The motion was made by Councilman Brown, seconded by Councilwoman Baker to DENY the above
referenced claim. Motion carried: 5 Yeas, 0 Nays.
82-41A-1398-2135 Consider Bid #7005 for truck cab -chassis with packer body (Sanitation Dept.).
( 39 )
Low Bidder EMCO Manufacturing Corporation
Plainview, Texas $54,449.79
82-41A-1398-2136 Consider Bid #7006 for replacement of engine, transmission and rebuild snorkel unit (Fire
40 Dept.).
Low Bidder Cummins Sales and Service
Lubbock, Texas $37,374.00
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 Councilman Brown to approve Bid
#7005 and Bid #7006 referenced above. Motion carried: 5 Yeas, 0 Nays.
The City Council recessed at 10:30 a.m. for Executive Session, reconvening at 11:05 a.m.
for continued discussion of Work Session items. The City Council then recessed for lunch
reconvening again at 1:00 p.m. and considered the Board Appointments.
82-41A-1398-2137 Consider 26 appointments to the
SOUTH PLAINS EMPLOYMENT AND TRAINING CONSORTIUM. The
41 categories are:
Business/Industry
12
Non -Union Employees
1
Apprenticeship Community
1
Local Educ. Agencies
1
Voc. Educ. Agencies
1
Local Voc. Advis. Council
1
Public Assistance Agency
1
State Employment Service
1
Veterans' Organizations
1
Community Based Organ.
1
Handicapped Persons
1
Local Community
1
Organized Labor
1
CETA-eligible youth
2
Reappointed:
BUSINESS AND INDUSTRY
Roger Guess
5230
- 8th (07)
797-7709
Texas Instrument
2301
N. University
741-2000
Art Carnahan
5706
- 76th (23)
794-4720
John Knox Village
1717
Norfolk (16)
797-4305
Charles F. Nielson
3208
- 76th (23)
797-5381
Texas Instruments
2301
N. University (15)
741-2000
Reg. Albritton
5503
- 37th (14)
796-2877
T M- nrL- TlaiTal nnrnant- (n
A919
Ttncon ibl (911)
7qQ—ZLI Q0
1399 0CT 14 1982
W. C. Lewis
8007
Quinton (26)
795-8391
Cummins Diesel
120
SE Loop 289
745-4605
Nancy Bashore
5430
- 50th St. #38 (14)
799-5450
Skibell's
South
Plains Mall
797-3177
Don Voorhees
3517
- 91st (26)
Unlisted
Target Stores
7302
University (23)
745-7579
Leo Padgett
6609
Norwood Avenue (26)
792-4010
Padgett Construction
2010
Avenue C (01)
747-3126
ORGANIZED LABOR
T. J. McConnell 4511 - 64th (14) 799-3988
Plumber/Fitters Union 2002 Avenue J (01) 744-3835
629
EMPLOYEES NOT REPRESENTED BY ORGANIZED LABOR
Rita Harmon P. 0. Box 2000 (57) 762-6411
Director of Personnel, City of Lubbock
APPRENTICESHIP COMMUNITY
Ken Lambkin 1414-5th 832-5979
Dept. of Labor Shallowater 79363
LOCAL EDUCATIONAL AGENCIES
Hampton D. Anderson 3816 - 61st (13) 799-7866
LISD 1628 - 19th (01) 747-2641
VOCATIONAL EDUCATION AGENCIES
Dr. Ronnie Glasscock 3013 - 66th (13) 795-9361
South Plains College 1302 Main (01) 747-0576
LOCAL VOCATIONAL ADVISORY COUNCILS
Helen Payne 2807 - 53rd (13) 792-5685
Meth. Hosp. School of Nurs. 3615 - 19th 793-4291
TEXAS EMPLOYMENT COMMISSION
Velma Burkham Plainview, Texas
TEC (She is not listed in local phone/City Directories)
VETERAN'S ORGANIZATIONS
Leo Quirino 2005 - 64th (12) 747-7293
COMMUNITY -BASED ORGANIZATION
Kathy Powell 2201 - 48th St. (14) 793-1863
United Way - Business address and phone preferred
HANDICAPPED INDIVIDUALS
Carl Moss 5302 - 48th St. (14) 793-1863
Counselor, TX Comm. for Blind 3440 Ave. H. (04) 762-0827
PUBLIC ASSISTANCE
Mary L. Jackson 5226 - 14th (16) 799-1636
State Welfare Dept.
LOCAL COMMUNITY
Carolyn Lanier P.O. Box 2000 762-6411
Director, Human Relations Commission
82-41A-1399-2138 Consider three appointments to the HOUSING STANDARDS COMMISSION. The terms of Tom
( 42 ) Mills, Jr., Ed Napier, and Frank Ortega expire 12/19/82.
Appointed:
1400
ocr 4
Calvin Craig
3805 - 28th (10
3404 - 32nd (13)
Sam Reyes
5110 - 78th (24)
mobile phone
799-3529
795-5544
794-5610
797-9702
Term: 3 years - 10/14/82 - 12/19/85
The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve
the above appointments. Motion carried: 4 Yeas, 0 Nays. (Mayor Pro Tem Henry was
absent from the meeting during Board Appointments.)
There being no further business, the motion was made by C ilwoman Baker, seconded
by Councilman Brown to adjourn at 1:05 p.m.
B 1'ff 'fTcA I! 9'fE k MAYOR
ATTEST:
EVELYN GAFTGA, "City 5e 01 y-Treasurer
READ AND APPROVED THIS llth
day of
(7
SEAL)
EVELYN GAFA, (gaty Sec ry7jreasurer
November 1982
r
—ZILL McAL-ISTIKR,—IMOR