HomeMy WebLinkAboutMinutes - City Council - Regular - 10/21/1982l!z
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CITY OF LUBBOCK
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REGULAR CITY COUNCIL MEETING
OCTOBER 21, 1982
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At 9:02 a.m., the Mayor announced that an Executive Session would be held for
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the purposes of discussing land acquisition. This announcement is in accordance with
Article 2, Section 6265-17, V.A.T.S.
The City Council of Lubbock, Texas met for its regular meeting Thursday, October 21,
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, Jr., and City Secretary -Treasurer Evelyn Gaffga.
Absent: None
82-41A-1401-2139
The invocation was given by Director of Planning Jim Bertram.
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92-41A-1401 2140
The Pledge of Allegiance to the Flag was given in unison by those present in the
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(2)
Council Chambers.
82-41A-1401-2141
Board Appointments None
(3)
82-41A-1401-2142
Proclamations
(4)
"Pilot International Week" - October 18-23, 1982
Receiving: Jewel Huie
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Mickey Jents
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82-41A-1401-2143
"Hug -A -Vending -Machine Week" - October 24-30, 1982
(4.a.)
Receiving: Cliff Gallarneau, Vice -President of Gallarneau
Services
Roger Younger, Manager of B&M Vending
Karolyn Prado, Gallarneau Services Route Supervisor
82-41A-1401-2144
"Look to Lubbock Convention Week" - October 31 - November 6, 1982
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(4.b.)
Receiving: Doug Boren _ Pres. of Chevrolet
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Alvin Dovis
82-41A-1401-2145
"Lubbock Diabetes Month" - November, 1982
(4.c.)
Receiving: Dr. Michael Bourgeois, Assistant Professor of
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Endocrinology
82-41A-1401-2146
"Camp Fire Candy Sale Week" - November 6-28, 1982
(4.d.)
Receiving: Vicky Hatchett
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82-41A-1401-2147
AIRMAN OF THE MONTH
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`
(5)
A1C Benjamin Thompson
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82-41A-1401-2148
Ms. Nancy Mackey will appear on behalf of the residents of Lakeridge Country Club
(6)
— —
Addition to appeal CTC decision.
Proponent: Ms. Nancy Mackey
Ms. Mackey appeared before the Council and submitted a petition from those citizens
in the Lakeridge subdivision who were in favor of stop signs on Vicksburg, and her
appearance was to appeal the decision of Citizens' Traffic Commission which denied
this request to install stop signs at 84th Street, 85th, 86th, and Wayne Avenue at
1402
OCT
their October 5, 1982 meeting. Ms. Mackey indicated that it was a residential area;
that the speed limit is posted for 30 m.p.h. but it is estimated the speed is in
excess of 50 m.p.h.; in addition to the request of the stop signs, she indicated that
the residents would like to have a guaranteed patrol to enforce the speed limit.
Opponent: Jane Kothman, Lakeridge resident
Ms. Kothman appeared filing petitions for the residents opposed to stop signs being
placed on Vicksburg; that the flow of traffic was imperative for easy ingress and
egress into the residential area and stop signs would impede the traffic flow; that
most of the homes were built with a 35' set -back and this group did not feel that it
was hazardous to the residents therein.
Larry Hoffman, Director of Traffic Engineering, apprised the Council at the Work
Session and again at the Regular Session that the staff upheld the recommendation of
CTC; that the warrants justifying stop signs were not sufficient; that stop signs
should not be used as a speed control device for citizens soon lost respect for stop
signs if they were utilized in that manner; that they had posted additional speed
limit signs indicating 30.m.p.h. and that there had been an increase in the enforcement;
that a traffic count had been conducted that indicated 3000-3500 cars per day which
was not excessive for a collector street and it was the staff recommendation that the
decision of the CTC be upheld.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to uphold the
decision of CTC and to deny Proponent's request for installation of stop signs; and
to continue intensified enforcement of the speed limit as posted; and at the appropriate
time, the matter be reviewed at a later date. Motion carried: 5 Yeas, 0 Nays.
82-41A-1402-2149 Ordinance No. 8373
(7)
An ordinance amending Sec. 28-66 of the Code of Ordinances regarding paving cuts.
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-1402-2150 Ordinance No. 8374
(8)
An ordinance amending Sec. 31-1 of the Code of Ordinances (Ord. 8167) regarding
limousine and touring vehicles.
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-1402-2151 Ordinance No. 8375
(9)
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.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Ordinance Nos. 8373, 8374, 8375 on second and final 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.
1403
OCT 211982
82-41A-1403-2152
(10)
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82-41A-1403-2153
(11)
*Note: See Oil/Gas
Permit folder --Olen
Horne #1 for application.
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Ordinance No. 8376
Consider an ordinance changing the traffic flow on Main Street between University
Avenue and Avenue X.
This matter was discussed at the October 14, 1982 Work Session at the request of
merchant Larry Blakeman and the Ordinance provides for this two-way traffic on Main
Street from University to Avenue X.
The motion was made by Councilwoman Baker, seconded by Councilman Brown, to pass
Ordinance No. 8376 on first reading. Motion carried: 5 Yeas, 0 Nays.
SMH/mck
ORDINANCE NO. 8376
AN ORDINANCE CHANGING THE TRAFFIC MOVEMENT FLOW ON MAIN STREET BETWEEN UNIVERSITY
AVENUE AND AVENUE X FROM A ONE WAY EASTBOUND TRAFFIC MOVEMENT TO A TWO WAY TRAFFIC
MOVEMENT; EASTBOUND ONE WAY TRAFFIC FLOW TO REMAIN ON MAIN STREET FROM AVENUE X TO
AVENUE F; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Consider a resolution authorizing the Mayor to execute a Street Use License to Texland
Petroleum, Inc., for its Olan Horne well site #1 for use of Kent Street.
Resolution No. 1237
Texland Petroleum, Inc requests the Street Use License for the construction of a 10'
wide easement for the purpose of running a salt water disposal line on Kent Street.
The fee is $250.00 for the lst of a 5-year period. The License also provides that
these pipelines be placed on the City's water and sewer map for easy identification
for utilities; and the licensee is also to erect visible markers to indicate the
location of this line.
HW: da
RESOLUTION No. 1237
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 21st day of October
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
Isl Harold Willard
Harold Willard, Asst. City Attorney
Isl Bill McAlister
BILL McALISTER, MAYOR
1404
STREET AND ALLEY USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 21st day of October , 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 and
dispose of 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 11, Block A, and 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 South R.O.W. line of Kent Street, whence
the Northeast corner of Section 11, Block A bears North 0°04'05" West, 35.0 feet
and South 89°55'30" East, 808.26 feet;
Thence North 0004'05" West at 35.0 feet cross the North line of Section 11,
Block A and the South line of Section 1, Block D-4, at 40.0 feet cross the
centerline of Kent Street, continuing for a total distance of 80.0 feet to a
3/8" iron rod set in the North R.O.W. line of Kent Street, for the end of this
description, whence the Northeast corner of Section 11, Block A bears South
0°04'05" East, 45.0 feet and South 89°55'30" East, 808.26 feet;
Containing 800 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 TWO HUNDRED FIFTY AND N0/100 ($250.00) DOLLARS cash in advance contemporaneoi
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.
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, franchis
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.
ly
1405
I
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. The LICENSEE shall construct and maintain visible markers where the underground
pipeline intersects any public right-of-way within the City of Lubbock and shall
construct and maintain said markers in such a manner and at such locations as required
by the City Engineer of the City of Lubbock.
9. 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).
10. 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 Isl Bill McAlister
BILL McAlister, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
AGREED TO AND ACCEPTED this day of
APPROVED AS TO CONTENT:
Isl Don Jennings
Don Jennings, City Engineer
Isl Harold Willard
Harold Willard,, Asst. City Attorney
1982.
LICENSEE: TEXLAND PETROLEUM, INC.
BY
R. J. Schumacher, PRESIDENT
1406
m " T 21198Z
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 22nd 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 day of ,
1982.
Notary Public, County, Texas
82-41A-1406-2154 Consider a resolution authorizing the Mayor to execute a Street Use License to Texland
(12) Petroleum, Inc. for use of Yucca Lane (Valley View Addition) (O'Hair #2 well site).
*Note: See Oil/Gas Permit Resolution No. 1238
folder--O'Hair #2-- for
application. This is a Street Use License for a 10' wide easement for an underground salt water
j disposal line located across Yucca Lane at Valley View Drive. The fee is $250.00 for
the lst 5-year period and the conditions in this License are the same as previously
l
stated.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass
Resolution Nos. 1237 and 1238 effectuating the respective Street Use Licenses, referenc
above. Motion carried: 5 Yeas, 0 Nays..
HW:da
RESOLUTION NO. 1238
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 21st 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:
1407
CT 2 1198
F11
F-]
STREET AND ALLEY USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 21st day of October , 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 and
dispose of 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:
A 10.0 feet pipeline easement 5.0 feet on each side of the centerline out of
Valley View Addition to the City of Lubbock, out of Section 78, Block A, Lubbock
County, Texas and the centerline being more particularly described as follows:
Beginning at a 3/8" iron rod set in the Northerly line of Block 7, Valley View
Addition whence the Northwest P.I. Corner of Block 7 bears North 0°23'00" West,
15.59 feet and South 89037'00" West, 3.40 feet;
Thence North 0°23'00" West at 50.59 feet pass the North line of Valley View
Addition and continuing for a total distance of 70.59 feet to a 3/8" iron rod
set in the North line of Yucca Lane, for the end of this description.
Containing 705.9 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 TWO HUNDRED FIFTY AND N0/100 ($250.00) DOLLARS cash in advance contemporaneous
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.
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.
RM
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 maintenai
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 performan(
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. The LICENSEE shall construct and maintain visible markers where the undergroui
pipeline intersects any public right-of-way within the City of Lubbock and shall
construct and maintain said markers in such a manner and at such locations as required
by the City Engineer of the City of Lubbock.
9. 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).
10. 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.
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
AGREED TO AND ACCEPTED this
APPROVED AS TO CONTENT:
Isl Don Jennings
__e Don Jennings, City Engineer
APPROVED AS TO FORM:
Isl Harold Willard
Harold Willard, Asst. City Attorney
CITY OF LUBBOCK
BY Isl Bill McAlister
-day of
IM
BILL McAlister, MAYOR
1982.
LICENSEE: TEXLAND PETROLEUM, INC.
R. J. Schumacher, PRESIDENT
e
14Q9
7�
F- J
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 22nd day of October
1982.
Isl Olivia 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 day of
1982.
Notary Public, County, Texas
82-41A-1409-2155 Consider a resolution authorizing the Mayor to execute a Lease Agreement with the
(13) Presbyterian Center for use of Posey Community Center.
Resolution No. 1239
Insurance Binder and
Surplus Property Lease The Council was apprised at the 9:00 a.m. Work Session that the Presbyterian Center
Certification filed is located on East 16th at Vanda and this Lease Agreement is a renewal under the
w/ original rear.
in City Secretary's guidelines of the rental of buildings and space recently approved by the Council
being effectuated; that previously the City had maintained the grounds and the mechanical
office.
maintenance and the exterior of all of its buildings where there has been joint use.
Under the new policy, the leasee is to maintain the grounds and all of the maintenance
on the interior - mechanical, cosmetic, and general repair - as well as the exterior
of the building. Councilman Aderton queried whether or not they could receive some
relief from the exterior maintenance, to which the City Manager responded that inasmuch
as the building is used totally by the Presbyterian Center, the City does not participate
in its usage in any way and to do otherwise would be inconsistent with the present
policy.
The lease is for one year, commencing November 1, at $170 per month, which is $.57
per square foot. The Presbyterian Center is to place on file property and liability
insurance, as well as to agree to maintain all the routine repairs, painting, plumbing.
At the regular session, Joe T. Smith, and Davis Price of the Presbyterian Center
Board apprised the Council that they considered themselves in partnership with the
City and although they do use the total square footage of the building, they would
like some relief on the cost of maintenance - mechanical and exterior ; that they now
are seeing approximately 700 patients per month (doctor contact) not to include the
nurse and counseling services also provided by the Center.
The Mayor responded to them to the effect that it would be contrary to the current
policy inasmuch as the City does not actually share the facility for any of its
functions and to do otherwise would be inconsistent with other leasees.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass
Resolution No. 1239 authorizing the Lease Agreement as stated above. Motion carried:
5 Yeas, 0 Nays.
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DGV:mck
RESOLUTION No. 1239
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a Lease Agreement between the
City of Lubbock and the Presbyterian Center for the lease of the South Wing of the
Posey Community Center, located at 1602 Vanda Avenue, attached herewith which shall
be spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 21st day of October ,1982.
/s/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
LEASE AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK
This Lease Agreement entered into this day between the City of Lubbock, Texas, a,
home rule municipal corporation, as Lessor, hereinafter called "City", and the Presbyi,
Center, as Lessee, hereinafter called "Center".
WITNESSETH:
I.
The City does hereby lease to the Center the South Wing of the Posey Community
Center, a building located at 1602 Vanda Avenue, and which also is known as the Posey
Clinic.
II.
The term of this lease shall be for one year commencing November 1, 1982, and
ending October 31, 1983.
III.
The Center shall pay to the City as rental for such premises the sum of ONE
HUNDRED SEVENTY DOLLARS ($170.00) per month with the payment for the first month due
on or before November 1, 1982, and a like sum being due upon the same day of each
month thereafter during the term of this lease.
IV.
The Center does hereby agree to perform the following duties:
1. Pay all utility charges accrued for the building during the term of this
lease on or before their due dates and maintain utility service with Lubbock
Power and Light.
2. Make no structural changes or remodeling of the building without first
obtaining the consent of the City Manager of the City of Lubbock or his designat,
agent.
3. Pay for all structural changes or remodeling which may be approved.
4. Pay for all routine repairs, such as painting, plumbing, heating and coolin
5. Maintain the South Wing in a condition acceptable to the City Manager of
the City of Lubbock and consistent with its condition upon the commencement of
this lease.
6. Make no unlawful, improper or offensive use of the building.
7. Make no subleases or assignments of the South Wing or any part of it to
another.
8. Maintain the grounds of the premises.
9. Hold the City of Lubbock harmless from any or all claims for damages arisin
from the use of the premises by the Center, its agents or employees, or any
member of the public.
5rian
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OCT 21 198Z
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V.
The City hereby agrees to allow the Center to use the North Wing of the building
or such portions of it as the Center may desire subject to the prior approval of such
use by the City Manager of the City of Lubbock or his designated representative.
Such use by the Center shall not be allowed to conflict with use of the North Wing by
the City or by the State Department of Health Region Two Family Planning Clinic.
Vi.
This lease may be terminated by (1) the expiration of the term stated hereinabove,
(2) upon violation of any of the conditions herein stated, (3) by mutual agreement of
the parties, or (4) unilaterally by either party upon thirty (30) days written notice
to the other. Notice in regard to unilateral termination shall be deemed properly
delivered when a copy is handed to the City Manager of the City of Lubbock or to the
Director of the Presbyterian Center.
Executed this 21st day of October 1982.
PRESBYTERIAN CENTER:
Isl Pat Williams, Clinic Manager
Director
ATTEST:
Secretary
Isl Joe T. Smith, Bd. Chairman
DGV/mck
CITY OF LUBBOCK:
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffiza
Evelyn Gaffga
City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Jim Blagg
Jim Blagg
Assistant City Manager
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver
First Assistant City Attorney
82-41A-1411-2156 Consider a resolution authorizing the Mayor to execute a supplemental contract for
(14) additional purchase and maintenance of terminal equipment from Harris Corporation.
*Note: See Reso. 750° Resolution No. 1240
3/12/81. In March of 1981, the Council approved the bid with Harris Corporation for the purchase
of equipment for software use and service for the data processing terminals. This
present contract is a supplement to that transaction which allows the purchasing of
Copy of Supplemental terminals and related equipment to be used in the utilities collection office effective
Agreement infile w/ December, 1982. The contract included 26 terminals, 3 terminal printers, and the
original resolution. necessary controllers required for this system at a cost of $66,693.00.
The motion was made by Councilman Brown, seconded by Councilman Aderton to pass
Resolution No. 1240 on first reading. Motion carried: 5,Yeas, 0 Nays.
RESOLUTION No. 1240
WHEREAS, the City of Lubbock has heretofore on March 12, 1981, entered into two
agreements with Harris Data Communications, Inc., for data processing maintenance
services, equipment and software; and
WHEREAS, the City Council finds that it would be in the public interest to enter
into supplemental agreements for additional maintenance services, equipment and
software; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock two Supplemental Agreements with
1412
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Harris Data Communications, Inc., for additional maintenance services, equipment anc
software, which agreements are attached hereto and which agreements 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 21st day of October —, 1982.
/s/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Bob Green
Bob Green, Director of MIS
Isl Susan M. Horton
Susan M. Horton, Assistant City Attorney
82-41A-1412-2157 Consider a resolution authorizing the Mayor to sign a contract for architectural
(15) — services for Mae Simmons Senior Citizens-'- Centr.e
Resolution No. 1241
sti Copy of contract between
McMurtry & Craig and City of At the October'14, 1982 Work Session, the staff was instructed to proceed with a
Lubbock is filed w/ original contract for architectural services for the Mae Simmons Senior Citizens' Center. Al
resolution. that time, the staff recommended the firm of McMurty and Craig. CD funds in the
amount of $192,000.00 have been budgeted for construction of this facility which is
located adjacent to the Mae Simmons Community Center and will consist of one story
and approximately 4000 feet. The fixed fee for the architectural firm is $7,150.00
The architect is to rework the bid documents at no expense of the City in the event
the bids exceed the budgeted funds; the architect is to make arrangements for the
testing of the soils if necessary at the city's expense; the architect is to provid(
the City with a set of reproduceable drawings that will become the property of the
City; and the architect is to notify the City of any claims against the contractor
subcontractor.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Resolution No. 1241 authorizing contract for building of the Mae Simmons Senior
Citizens' Center. Motion carried: 5 Yeas, 0 Nays.
SMH:da
RESOLUTION No. 1241
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 o
Lubbock and McMurtry & Craig the Architects for the Mae Simmons Senior Citizens
Center, 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 21st day of October 11982.
/s/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
)r
APPROVED AS TO CONTENT:
Isl Richard B. Mays
Richard B. Mays, Community Development Coordinator
.... grer-My
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OCT
�182-41A-1413-2158
(16)
I
182-41A-1413-2159
(17)
82-41A-1413-2160
(18)
82-41A-1413-2161
(19)
F
Consider claims against the City.
a. Claim No. 82-C-626 Oscar Juarez $2,514.00
Automobile damage from dislodged manhole cover
The motion was made by Councilman Aderton, seconded by Councilman Brown, to DENY the
above referenced claim. Motion carried: 5 Yeas, 0 Nays.
b. Claim No. 82-C-634 Marjorie Sorley $37.50
Plumber service costs from sewer backup in bathroom
The motion was made by Councilwoman Baker, seconded by Councilman Brown to DENY the
above referenced claim. Motion carried: 5 Yeas, 0 Nays.
C. Claim No. 82-C-627 Mrs. C. S. Higgins , $2,687.58
Sewer backup damage from bathroom
The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to DENY
the above referenced claim. Motion carried: 5 Yeas, 0 Nays.
Consider Bid #6992 for 500 side -loading refuse containers (Sanitation Dept.).
Low Bidder May Fabricating Co., Inc.
Beeville, TX $122,647-00
Consider Bid #7028 for miscellaneous electric items (warehouse stock).
Items 1, 5, 8, 9, 16, 17
Items 2, 3, 4, 6, 7, 10,
11, 12, 13, 14,
Item 15
Westinghouse Electric Supply, Co.
Lubbock, TX $10,659.86
Temple, Incorporated
Lubbock, TX $25,415.30
Nelson Electric Supply Co.
Lubbock, TX $321.00
Consider Bid #7047 for Quaker Avenue Paving Project (S. Loop 289 to 82nd St.) (Engineering
Dept.), and authorize same.
Resolution No. 1242
Low Bidder Lubbock Asphalt Products
Lubbock, TX $588,532.00
JCR:cl
RESOLUTION NO. 1242
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a contract between the City of
Lubbock and , for the paving improvements to be constructed on Quaker Avenue from
South Loop 289 to 82nd Street (G.W.O. 11,591) in the City of Lubbock, Lubbock County,
Texas, attached herewith which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
PASSED BY THE CITY COUNCIL this 21st day of
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
October , 1982.
Isl Bill McAlister
BILL McALISTER, MAYOR
Isl Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
Isl John C. Ross, Jr.
82-41A-1414-2162 Consider a resolution directing the City Engineer to prepare and file estimates and
(20) rolls on Quaker Avenue from Loop 289 to 82nd Stree—t(GWO 11,591) (See Bid #7047,
above).
Resolution No. 1243
JCR:cl
RESOLUTION NO. 1243
RESOLUTION DIRECTING THE ENGINEER TO PREPARE AND FILE ESTIMATE, ROLLS, ETC. IN
CONNECTION WITH THE PROPOSED ASSESSMENT PAVING IMPROVEMENTS ON QUAKER AVENUE IN AND
ALONG THE BOUNDARIES OF THE CITY OF LUBBOCK, TEXAS.
WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered and
provided for the improvement of a portion of Quaker Avenue in and along the boundaries
of the City as designated below:
UNIT AND
SUB -UNIT STREET (86' WIDE) FROM TO
2240-40 Quaker Avenue S. Loop 289 82nd Street
AND it is proposed to make and levy assessments against abutting property and
the owners thereof and others for a portion of the cost of such improvements.
THAT:
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS,
Is
The Engineer of the City BE, and he is hereby directed to prepare and file with
the City estimates showing cost of improvements in each Unit, showing the description
of the property abutting upon each unit with the names of the owners of such property
and the amounts proposed to be assessed against each parcel of property showing other
matters and things, it being specially provided, however, that any mistake in such
estimates or in amounts and in the descriptions of property or names shall in no wise
affect, invalidate or impair any assessment which may be levied.
MM
Such estimates, rolls and statements shall show all information required to be
shown thereon by the proceedings of the City relating to such improvements and the
law and charter with amendments in force in the City, and by the provisions of Article
1105B, Revised Civil Statutes of Texas as amended by Chapter 281, Acts of the 52nd
Legislature.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS THE 21st day of October , 1982.
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
Isl Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
Isl John C. Ross
John C. Ross, Jr., City Attorney
82-41A-1414-2163 Consider Bid #7040 for outside wall coating for garage and sanitation facilities, and
(21) authorize same.
* Copy of Contract, Payment Resolution No. 1244
Bond, General Power of
Attorney, and Performance
Bond filed w/ original Low Bidder Henson Plastering Company
resolution . Lubbock, TX $38,831.00
Floyd Nesbitt, Director of Purchasing apprised the Council that all of the above
referenced bids were low bids and met specifications.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve
1415
OCT 211982
I
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I
contract attached thereto; to pass Resolution No. 1243 necessary for the filing of
the estimates and the assessments rolls on this project related to the above referenced
bid; and to award Bid No. 7040 and to pass Resolution No. 1244 authorizing the contract
attached thereto. Motion carried: 5 Yeas, 0 Nays.
DGV:j s
RESOLUTION NO. 1244
WHEREAS, the City Council of the City of Lubbock has considered bids for the
construction of "Special Coatings --Garage & Sanitation Facilities" and after due
consideration of said bids has determined that the best bid is that of Henson Plastering,
Inc., of Lubbock; and
WHEREAS, the City Council of the City of Lubbock finds that it would be in the
public interest to enter into a contract for such construction; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock an agreement between the City of
Lubbock and Henson Plastering, Inc., for the construction of "Special Coatings --
Garage & Sanitation Facilities" in the amount of $38,831.00.
Passed by the City Council this 21st day of October 1982.
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Bill Payne
Bill Payne, Director of Administrative Services
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
The Council recessed for the discussion of Work Session items at 10:30 a.m., proceeded
into Executive Session at 11:00 a.m. and had lunch at the fire station at the Airport
to observe the professional driving training course.
Upon reconvening at 1:30 p.m., the following appointments were made.
82-41A-1415-2164 Consider five appointments to the SOUTH PLAINS EMPLOYMENT AND TRAINING CONSORTIUM.
(22) Categories. Business & Industry (3), CETA YOUTH (2).
BUSINESS AND INDUSTRY
YOUTH
1. Ruben Reyna
2. Aaron Harvey
3. Melvin Earsley
1. Erma Martinez
1711 E. 2nd Street
2. Joaquin Mercado
314 Avenue W
COMA
Southwestern Bell
Industrial Molding Corporation
Estacado High School
Lubbock High School
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(Seal)
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve
the above appointments. Motion carried: 5 Yeas, 0 Nays.
There being no further business, the motion was made by Councilw]oman)B ker, seconded
by Councilman Brown to adjourn the meeting at 1:32 p.m,
ra
BILL MJAT`ISTER, MAYOR
ATTEST:
EVELYN GAFFGA, City SecretarFTreasurer
Read and approved -this 21st day of October 2, 1982/jl
r
4ILL C! LIST R, M YOR
ATTEST.:.
EVELYN' GA GA, /City Se.-e;Xy-Treasurer