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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/21/1982l!z s CITY OF LUBBOCK s� REGULAR CITY COUNCIL MEETING OCTOBER 21, 1982 'I ,i >tis'r9c>c4c�c4:4c:c::st>csti9cscscx4cxs�sti�c�csYx:cx:c�c>c4c>ti>C�'cx�c�'c�cScsti4csti4cs4:csFs4sC:csti>cs4:cstisYsYsC>CstisCsY�c>tstisF9cstistisr9c�c:c:cxs�xs<�c�csY>F9csYsti�: At 9:02 a.m., the Mayor announced that an Executive Session would be held for `i 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. 3 92-41A-1401 2140 The Pledge of Allegiance to the Flag was given in unison by those present in the f ;3 (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 "s Mickey Jents 1 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 s (4.b.) Receiving: Doug Boren _ Pres. of Chevrolet b f s Alvin Dovis 82-41A-1401-2145 "Lubbock Diabetes Month" - November, 1982 (4.c.) Receiving: Dr. Michael Bourgeois, Assistant Professor of i Endocrinology 82-41A-1401-2146 "Camp Fire Candy Sale Week" - November 6-28, 1982 (4.d.) Receiving: Vicky Hatchett � i 82-41A-1401-2147 AIRMAN OF THE MONTH — ` (5) A1C Benjamin Thompson S 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) �7 82-41A-1403-2153 (11) *Note: See Oil/Gas Permit folder --Olen Horne #1 for application. F" I 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. 1410 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 1411 OCT 21 198Z F�l F�11 7 1 FJ 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 • 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 1413 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 F'111� 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 1416 V NA % � (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