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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/12/1978�•�� _ . .. JA1V � 2 i978 1 78--37--1-�1 � + ci) 78-37-1-2 i2) REGU�AR CTTY COiTI�iCIL MEE�TNG � � J 78-37�-1-3 Motion was made by Councilw�oman Jordan? saconded hy Councilman McAlister, moti.on carried, Mayor (3) Bass, Counc�lmen West, 3o�dan, Hen�'y and McAlister voting Yea, none va�ing Nay to approve C��.y Caunci.i. Minutes •- Regulax I�eetings held December $, 1977 and Aecemher 15, 1.977. 78-37--1-4 Mr. A. J'. Ma.lou� appeared before the Cxty Council rec�uesting that the Al�ey Use License issued (6) to N1r. Jackie Mi.ze on May 13, 197b, be revoked. Mr. Malou� stated tha� this Al.ley �7se Permit has decreased the value o� his propexty. Franciso Guiterrez and another tenant of Mr. Malauf's appeared stating that the Permit does hampex tiheir business. After consideratxon of a11 infor- mation presented, Mayor Bass called for a motion on this item. No motion ra�a.s made; therefore, the A11ey Use License shall rema.in �n e�fect. JANUARY 12, 1978 The City Council of the City af Lubbock, Texas, met at 9:30 A.M. in the regular meeting place at City Hall, �he following members thereof being present, to-wit; Ma.yor ltoy �ass, CounCiltuan Dirk West� Counca.lwoman Carolyn Jordan, Countilman A�an Henry, Gouncxlman Bill McAl3stex, Cfty Manager Larry Cunningham, City Attorney Fred 0. Senter, Jr. m AbS�nt; Treva �hi.11fps, City Secretary�Treasurer. The i.nvocation taas given by Larry Cunningham, Ci.�y Manager. The Pledge of Allegiance to the Flag was given in unison by those presen� in the Council Chamb- er � 75-37-1-5 � (7) �I Mayor Bass disquali.fi.ed himsel£ on xtem 7 and Ma�or �ro Te�n West ass�ned the Cllai,r. David Bass, Attorney representing Executive Limousine Service, appeazed before tha City Council requesting permission to provide limousine servi.ce a� Lubbock International Airport. Mr. Bass stated that a request to �he A�.rport Board was denied in December. Nick Lanotte, representxng Brazos, Inc. , appeared agreei.ng r�i,th the deci.si.an of �.he Airport Board and urged rej ecta,on o� this appeal. Maxvin Coffee, Di.rector of Avi.ation, appeared and stated that th3s request was denied becanse the Airport Board felt that there was no �eed for th�s type of servi.ce. A£�er considexa�ion o� al1 infarmation present2d, zno�.ion r�ras made by Councilwaman 3ordan, seconded by Cauncilman Henzy, motion Cazri.ed, May�or �xo Tem West, Councilwoman Jordan� Councilman Henry and McAlister �roting Xea, none voti.ng Nay to au�horize acceptance of a contract with Executive Limousine Service ta operate a� Lubboclt znterna�ional Airport for a periad of six months with a fee of $10 and that the description in Se�tion F--4 be modified ta read "large luxury sedan, comparabl.e to I.incol.n 1.i.mousine". At this o3nt, Mayor Bass resumed the Chair. '� 7$-37--1-6 Bi11 Cantrell, Architect, ap�eared ba£ore the City Council and. presented his recommendations (8) regardi,ng bids for the addi,tion of ni,ne holes to Meadowbrook Gol� Course. Mr. Cantrell recam-- mended that the Iow bid of Randall B�ake, inc., in the amount o� $28$,572 be accepted for the construction of the nine additiona.l hales and that authorization be given to advertise for bids for the constructi.on of the half�way house. After consa,deration o£ al� a.n�ormation presented, motion was made by Councilman West, secanded by Councilwoman Jordan, motion carr�ed, May�or �ass� Counci3.men West, Jordan, Henry and MCAlis�ex voting Yea, none voting Nay to aC�ept �he recam-- mendat�ons of Mr. Cantrell. �� 78--37-1-7 Motion was made by Councilwoman ,7ordan, seconded by Councilma.n Henry, motion carried, Mayor ' (9} Bass, Councilmen West, Jordan, Henry and McAlister voting Yea� none voting Nay to pass Ord�nanc� No. 7595 on second and final reading. , AN APPRO�RTATION ORBAINANCE oxnzrra�c� �a. �595�; r � WHEREAS, the City Caun�i.J. of the City of� Lubbock �inds it is necessary to appropriate certain specific funds out of bond �unds for an approned projec�; � ; 7$-37-].-8 ' (IQ) � NOW THERE�'ORE, BE IT ORDAINED BY THE GITY CdUNCIL 0�' Tki.E CITY OF LUBBOCK: There is hereby appropri.atied out o� the fol�oc�ing described bond fund, to wit; The sum $ 207,828.�0 From Ai.rport Captia]. Project Fund For the following purpose: City's Share of T�iway J E��ensian Change Order to Work Order No. 5��5042�44551--000207 Motion was made by Councilwo�aan Jordan, seconded by Councilman Aenry, motian carried, Mayor Bass, Councilmen West, 3ordan, I%nry and McAlister voting Yea: none vot�.ng Nay to pass Ordinanc� No. 7596 on second and final reading. oxnzz�arrc� No. 7596 AN A1'PROPRIATTON ORDINANCE WHEREAS, �he City Council o� the City of Lubbock finc�s i� is necessary to appropriate certain s�ecific frunds ou� o� �ond funds �or an approved project� � JAN �- 2 i978 The svm $ 700.000 From GeneraJ. Tax Fund Reserve �und to Airport Capital Projects Fund For the following purpose: To Provide Funds for interium Financing Required prior to Receiving the Balance of FAA Funds in October �978 for tihe Canstruction of Taxiway J. At 10;45 A.M., in accordance with Section 2F, Articl.e b252-17, V.A.T.S., Mayor Bass announced that at any convenient time, after the passage of two hou�s, the City Council. would ho].d an Ex�» ecntive Session to discuss personne3.inatters. 78-37-�2--9 The Citq Council considered a proposed amendment �o Zoning Ordinance No. 70$4 regardi,ng regul- (�I) ations €or alcoholic beverage sal.es with incidenta]. altera;ti.ons to t�ie definitions and regn�a- �.ions pertaining to restaurants, bars and dance floors. Bob Sims, President of the Lubbock Restaurant Association, appeared and s�ated that the Association has no objections to ti�e pre- senti ordinance; that,i�aving an audit would not be a problem; and, that they wou].d like to keep the late lnours permit. After consideration of a3.1 informa�ion presented, motion was made �y CounciZwoman Jordan, seconded by Counci.lman McAlister, motion carried, Mayor Bass, Councilmen West, 3ordan, Henry and McAlister voting Yea, none voting Nay to take �he present ordinance and add a provision that in addition to the 60�40 report they fi�e, the Zoning Board of Adjustment has the authority �o ask for fur�her information and that tailure to provide this in�oxmatiion wauld indicate a vialati.on of the ordinance. J. B. Hance appeared and discussed the �ate hours permit. He stated that the late hours shou�d not be restricted. Ray Chapman, Vice President o£ the Motel-Hotel Association also appeared and s�ated de�.eti.on of the Zate hours pern�it would be very detrimental to tourist and conventioneers. No further acti.on was taken. 78-37-2-10 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (12) Bass, Counci�.znen Wes�., Jordan, Henry and McAiister voting Yea, none voting I�ay to approve the price and conditions af sale. on Parcel 7T}-4-23 in the Lubbock NDP IIrban Renewal Area to Rau1 Sepeda for a consideration ofr $1,200 to be redeveloped as a single family residence. 78-37-2�-1I Motion was made by Councilwoman .7ordan, seconded by Counci7.man McAl.ister, motion carried, Mayor (I3) Bass, Councilmen West, Jordan, Henry and McALister v'oting Xea, none voting Nay that the follow�- ing resolution be passed. RESO�UTION RESOLVTION OF THE CITY COUNCIL OF THE CITY 0�' LUBBOCK AIITHORIZING EXEC1�'I'ION .� OF AN AGitEEMEN£ FOR PUBLTC� APPROVAL OF SECTION 312 R��iABILITA'TZON LOANS AND '� �ES�GNATING OFFICIALS AUTHORIZED TO APPROVE SUCH LOANS ON BEHALF OF 'THE PUBLTC � BODY WHEREAS, under 5ection 312 of the Housing Act of 1964, as amended (herein referred to as Section 312), the Secretary of Housing and Urban Deveiopment is authorized, under the condit�ons and to the extent provided therein, �o make loans (Section 312 Ioans) to owners and tenants of pxapexty i.n certain areas for the rehabil3tation of their property and to delegate to or use as agent any 1oca1. public agency or organization to the extent he detersnines appropriate and des- irable to �arry out the objectives of Section 312 in the areas xnvo�ved; and WHEREAS, Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin under any grogxam or activity receiving Federa7. financial assist- ance and Executive order 11.063 prohibits discri.mination on the basis of race, color, creed or national origin in sale, lease or other disposition of residential propertiy (includ3ng land in- tended for residential use) or in the use or occupancy thereof; and WHEREAS, The City of Lubbock has responsibility and jurisdiction to carxy out ti�e Coa�munity Development Program in which Section 312 loans are authorized to be made and has delegated the responsibility for rehabilita�xon assistance, including the processing and submission of 312 loans, to the Urban Renewal Agency of the City of Lubbock; and WHEREAS, it is desirable and wi11 signi£icantly benefit the rehabilitation �bjectives of the City-of-Lubbock-administered Community Development Progra� for the Urban Renewal Agency of the City of Lubbock to have direct approval. authority with respect to Section 312 loans; NOW, THEREFORE, BE TT RESOLVED BY THE CITY COLTNCIL OF 'THE CI7'Y 0�' LUBBOCK: SECTION �. THAT the Mayor be and is hexeby authorized and directed to exe�u�.e on beha�f of the City af Lubbock an "Agreement for Public Body ApprovaZ o� Section 3�2 Rehahilitation Loans"� and to act as the authorized representative of the Citiy of Lubbock in connection there- with. SECTiON 2. THAT It is cognizant t�ia� under an "Agreement for Public $ody Approval of Sec- tion 312 Rehabilitation Loans", Section 3i2 loans may be approved only in accordance with out- standing policy of the Department of Housing and Urban bevelopment, as it exists from time to time, and subject ta availability of iunds therefor. SECTZOI3 3. THAT the Real Estate Director and the Assistant Executive Director for Planning and Operations of �.he Urban Renewal Agency af the City of Lubbock be and are hereby.� au�horized ta approve, on behalf of tihe City of Lubbock and the Urban Renewal Agency of the City of Lubbock, Sectian 312 loans under the provisi.ons of said Agreement, and such offfcial� be and axe hereby directed to approve such I.oans only in accordance with the palicy of the Department of Housing and Urban Developmen�, and subject to availahi3.zty' of funds as detex- mined by that Department. I � .� . � � i J ,.._.,� � � SECTION 4. THAT the United States of Ameri.ca and the Secretary of Housing and Urban Development be, and they hereby are, assnred of� fu�.l compliance by the City of Lubbock and the TJrban Renewal Agency of the City af Lub'�ock witl� regularions of the Department of Hous- ;.,n �,,,� iTr}�an l�pualnnmpnt Pffart�,atina T,tle VI of the Civil Ri.�hts Act of 19b� and appli- �re -- — — — — — ' �A�y 1 � i97� � 3 �ox Bass, MAYOR ATTEST: Treva Phillips, City Secretary--T�easurer APPROVED AS TO FORM: Fred 0. Senter, 3r., AGREEMEDTT FOR �UBLIC BOBY APPROVAL OF SEC�ION 312 REHABTLITATI01� T.d.4I�iS TEIIS AGREEMENT, ma.de and entered into on the date hereinbelow specified, by and between the City of Lubbock (the 1'ublic Body), and the Urban Renewal Agency of the City of Lubbock {the Agency), and the United States of America (�he Government), acting by and through the Secretary . of Housing and Urban Dev'elapment (the Secretary). WYTNESSETH: In consideration of the mntual covenants, promises, and repres�ntations con- tained herein, the parties do agree as fol.lows: SECTION 1. pURPOSE OF AGREEMENT The Public $ody has responsibility and jurisdiction to carry out the Community Development Pro- gxam in areas delineated in the applicable Couununity Developmen� B1o�k Grant Contract. 'Ii;e A- gency, by agreement with the Public Body, has been delegated the jurisdiction and responsibili��# for rehab�.litation assistance in such Community Development Areas and has the responsibility fo� rehabili�ation assistance in the Lubbock N�]P area. The processing by the Public Body as deleg- ated to and performed by the Agency, and submission by the Agency to the Department of Housing and Urban Development for approval, of rehabilitiatiion loans under Sectzon 312 of the Housing Act of 1964, as amended (Section 312 Ioans) �s presently authorized with respect to one or more of the areas covered by such programs. The purpose of th�.s Agreement is to extend to �he Publi�; Body, through �he Agency, authority to approve, in accordance w:��h the regulations, pol�cies, and requirements {her�inafter called regulations) of the Secre�ary, certain applications for 5ec�ion 312 loans, subject to v�erification by the Secretary of fund availabilieq for an approve�l loan. SECTIQN 2. A�PLICABILI'TX OF AP��tOVAL AiiTHORT'I'X � ;, � �, k Duri.ng the term o� this Agreement, the �ublic Body, thxougl� tne Agency, shall have final auth- arity to approve applications for Section 312 loans with respect to residentia]. and mixed-use property, whi,ch will contain one to four dwell�ng units after rehabilitation� and whi�h is lo- cated in an area with respect to which the Public Body, through the Agencp, has authoritiy to pxacess such Ioans, as described zn Section 1 hereo£. The PubXic Body, through the Agency,shal� exercise such �oan approval authora.ty with respect to properry zn aI1 such areas wnich come unde� its jurisdiction during the term of this Agreement. However, no ].oan approval under authority of thxs Agreement shall be valid until the Secretary has determined that funds are avai�able therefor and_has notified the Public $ody, through the Agency, thereof. SECTION 3. NO�YFICATTON OF FUND AVAILABILITY Upon receipt of the documentatiort required by the Secretary's regulations to be submitted with respect to Sec�ion 312 loans approved by the Public Body, through the AgenCy, the Secretary sha].� prompt�y na�ify the Public Body, through the Agency, :�n writing whether sufficient funds are av� ailable for the approved loan. SECTION 4. COMPLI.4NCE WI'I'H GOVERNMEAI'r REGUT..ATIONS The loan approval authority gran�ed by th�s Agreement sha11 be exercised in accordance with the procedures and requirements estabZished by the applicable regu7.ations of the Secretary in effec� from time to ti_me. In particular, the Publ.ic Body, through the Agency, shall not notify an ap- plicant of loan approval un�il receipt of notiice of availab�lity of funds for the loan from the Secretary. SECTION 5. EFFECT OF FAILURE TO GOMPLY a, Grounds for Tarmznation. Failure of �he Public Body, through the Agency, ta comply wx�h the procedures and requirements of the Secretary raith respect to J.oan approval, or with respect to o�her aspects of the Sectian 312 loan �rogram, are grounds for termination of of this Agreement at the option of the Secretary. However, such faiJ.uxe sha11 not create or just�.fy any c1ai� against the Government on the part o€ any �hird person, and shal.l no� constiru�e gxounds for any third person to contest the validity of any Section 312 loan approved by the Publi.c Body, through the Agency, under authority of this Agreement and dnring its term. b. Defend and Ho1d Harmless. The Public Body, through the Agency, wi.11 warrant, defend, an� hold harmless tha Gavernment with respect to al.l �Iaims and losses causeci by its failure to compiy witYt the regulations of the Secretary and the requirements of applicabie State and local law in irs approval of Section 312 laans undex authority of this Agreement, and in the subsequent set�lement and ad�ninistra�ion of l.oans so approved. Tn the event the Secretary's regulations and the requiremen�s of State and local law are inconsistent, �he Public Body, through the Agency, sha1.1 request advice €rom the 5ecretary prior to approv�� of the Section 312 1oan. /'IY'�IITTA\S / !1P-�l�IYIYIT/Y�fITIN�T AAY ATF1Tf1TAYP •TTTiII'�f1T�'fT11� 1'IIl1 •Tnri/�YT'[Y �A�1�1P'� 4 JAN � 2 �9I8 '� �.. � '� ..— I o�q � � L�s�ta � �� v sma� ►. �� eis sbarsi �f��sdua 9d oj arra�. �r�92 sr�3 � ���gA 9�i.. 7� �II9�7�3�it8 Y9d39l�W o��� �� b98�S39X9 9d t�srie �rr� 02 gd� 3o g�oi�sitrgez 9.[ds�itqqA tt8i�8 reSII9�i 91�7 Ij$D07f�3 �Y�O$ � �03 abav3 3a Q��ttdsiisys 3o g�i�r � tri� �tgubY�is �qbo� �tlditY gr! , Oj ?19(j892 �2�W �8?9Z99� � �$ 9�s ��sYgarq ttso3 StF I �3tJ8 RY99SWGg .�iS�9'1�9 i wSlB �O ?2RQ 91t7 b0 �!I' ' `bilsv s�i� *a9�ao� o: � �f�3fJE I9b1iIf �3(7fi9� sd� rigyoz�7 � � g�isi� I�a a� ,�., �� bas �rs?� � �mr easo� S ' �t 3a �ax� �si2 3o af���Lr_ _ = `vbs �asvpsY t.f.�ia ���usgA s,;, � .�s� q ' d q - -- ,� i , , i � i? � a� The Public Body, through the Agency, sha11 not �n�tiaily, or at any time during the tex'm of � this Agreement, con�er its authority to approve Section 312 loans under this Agreement upon any off�cer or employee who exercises any duties or respons�bilities in the administration of ;i the Public Body's Section 312 Loan �rogram, including, without lim�tation: � a. b. c. d. e. f. Preparation of rehabili�atzon work writeups ox cost esti.mates, or of construction con- tract documen�s; Obtaining information with xespect to, completing with the borrower, or processing a Section 312 loan application or any of the related documents constituting the loan applica�ion file; Selection o£ ox negot�at�an ��th contxactox� �p per�oxm ths rehab�i�tat�on �ozk� Au�.hoz�.zat�.on o� dl,shuxseine.nt� �z�u ths Xeh�h�l�tatj„on egc�:os,i account� ox si.gning or countexsi.gning o� �hecks dxa�rn on ti�e �eT�aizi,l�.,tat�,On escxo� acc0unt� � Inspection of the rehabilitation work to ascertain whether the work is completed or for the purpose of authorizing any paxtial. payment requested by a contractor; or Authorization of signing or signing of Eorm HU��-6245, Certificata of Final Inspection. � 1 �I � � i .4 1 � . � SECTION 7. SUBMISSION OF DOCUMENTATION Promptly upon approval of a Section 312 Iaan by an appropriate af�ficial of the Agency, the Agency shall assemble and transmit to the Secretarq the documentation required to be submit- ted with respect �o a Section 312 Zoan approved b}r a Publ�.c Body, in accordance with such re- quirements and regulati.ons of the Secretary as sha11 be in effect from time to ti.me. The Agency shall also promptly submit copies as required of any r�solution,s affecting the identity of Agency officials au�horized to approve Section 312 loans under the Agreement, any notices of the Public Body's determination to can�e]. �his Agreement, and any other required docuznent- a�ion or reports, in accordance with such requirements and reg�iations. SECTION 8. SUPERV�SION, �h.DMINISTR.ATTON, AND INSPECTION The Public Body, tiirough the Agency, shall at all proper times provide or cause �o he provided competent and adequate architectural, engineering, financi.a]. and other technical supervision and inspe�txon of rehabilitation work financed by Section 3�2 loans approved under thi.s Agree- ment. The Public Body, �hrough the Agen�y, shall keep fu�I and accnrate books and records wi�h respect to Section 3�2 loans appraved under this Agreement, and with respeCt to its ad--- ministration of the Section 312 loan progratn, and shal]. maintain them in accardance with such requixements and regu�ations of �he Secretary as shall be in effect from ti.me to tirae. The Agency S�aii, at any time c�uring normal business hours, and as often as the Secretary or the Gaverrunent may deem necessary, permit the Secretary ar any other representative of �he Gover- nment, to inspec�, make excerpts or t�anscripts of, copy, and audzti such books and records. The Agency wi11 cooperate in any inspection of rehabilitation work financed by Section 312 �oans approved under this Agreement, as cieemed nacessary by the Secretary or the Government. SECTION 9. COMPLIANCE WITH CIVIL RIGHTS ACT OF I964 The Public Body, through the Agency, will perform its activities under thi.s Agreement in ac- cozdance with all requirements imposed by, or pnrsuant to regulations of the Secretarq ef- fectuating, �it1e VT af the Civil Rights Act of 1964. SECTIOI� 10. CANCELLATION OF' APPROVED LOANS The Secretary reserves the right to cancel Section 312 loans approved by the Public Body, through the Agency, in accordance with the requirements and regulations of the Secretary in effect from time to time. Upon re�eipt by the Publ.ic Body and by �he Agency of such notice of can.cellation, the Public Body, through the Agency, sha11 promptly submit to the Secretary any documen�ation requested 3�y him, and shall promptly refund the amount of the loan to the Sec- retary, on account oi the 5ec�ion 3I2 Loan Revolving Fund. SECTION 11. RIGHTS UND�R d�IiER CON'PRACTS The rzghts of the parties under this Agreement shal�. be in addition to, and not i.n derogation of, the rights of the parties under any contract for Fedaral assistance with respect to any of the Projects or Programs described in Section 1 hereof under the jurisdiction of the Publi,¢ Body and the Agency. SECTZON 12. TERM OF AGREEh�ENT �is Agreesuent sha11 be effective from the date herexnbelora speczfied until terminated in ac- cordance with Section 13 hereo�. SEC�'ION 13. TERMINATiON OF AGREEMII3T a. Automatic Termination. Tizi.s Agreement sha11 automatica�ly terminate on the official date of closeout of the last project or program (as described in Section 1 hereof) under the jurisdiction of the Public Body and the Agency, in the area of which Section 31.2 loans are authorized. b. Termination by Parties. 'Eh�s Agreement shall terminate 30 days after written notice of intent to terminate is sent by one party to the other, except that, when the 1'ublic Body and the Agency give notice o� their intent to terminate the Agreement, the Secretary may require the Public Body and the Agency to continue under the Agreemen� for a specified additional period of time, not to exceed 60 days, in order that arrangements may be made �o acca�odate the workload resulting from the Public Body's termination. Notice of termination under this subsectiQn may be given by either party for cause or convena.ence. c. Suspension or Termination foz Cause. The Secrerary may, for cause, by written notice to the Public Body and to the Agency, require that the Public Body, through the Agency, dis- continue immediately the approval of Ioans under thi.s Agreement pending campletion of specified corrective action by the Public Body, through tihe Agency, ar terntination of this Agreement. ��N I 2 ]978 S �--��-� -- - � �_ - - _ , — . .... ----- — ���- - .- _ - - -_— - — - �,,..:s� - ---. ._ . .. ---�— - � �.�� � ��. :1 i�r 78-37-5-12 (14) SECTiON 14. E�"FECTIVE DATE �� This Agreement shall be effective the day of SECTION 15. COUAiTERPARTS OF AGREII�ENT � Th�s Agree.ment may be executed in 4 counterparts, each of which shall be deemed to be an ozi-- ginal, and such counterparts shall constitute one and the same instrument. IN WITN�SS WHEREOF, the Public Body and the Agency have caused this Agreement to be duly � executed in their behalf and their seals to be hereunto a�fixed and atrested; and, �hereaf�.er, the Governmen� has caused the same to be duly executed in its behalf this daq of , 19 . c�� oF �ussacx BY: ATTEST: Treva Phiilips, City Secretary-Treasurer AOY BASS, MAYOR URBAN RENEWAI, AGENCY OF TIiE CITY OF LUBBOCK, TEXAS BY: BET7.'Y ANDERSON, CHAiiZMA.N BOARD OF COI�AiISSION�RS ATTEST: H. 0. ALDEASON, SECRETARY UNITED STATES OF AMERICA Secretary of Housing & TJrban Develapment BY: a � (Title aft Officer Authorized to Execu�e Moti.on was made by Councilwaman Jordan, seconded by Counci.lman Mr.Alister, motion carried, Mayor Bass, Councilmen West, Jardan� Eienry and McAl�ster voting Yea, none vvting Nay that the following resolution be passed. RESOLU�YON RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AI3 AM�I�IDEA FiJNDING AGREII�ENT ZN REGARD T4 RELOCATYON A55ISTANCE BY AND BETWEIIV THE IIRSAN' RENEWAL AGIIVCY OF THE CITY OF LUBBOCK ,A,ND THE CTTY OF LUBBOCK FOR THIRD YEAR COMMUNITY DEVELOPMENT PROGRAM WHEREAS, on the 2bth day of May, J.977, the City of Lubbock and the Urban Renewal Agency ex- ecuted a funding agreement whereby the Agency agreed, among other matters, to pravide rehabilit- ation assistance in the fox:m of a'4�o-interest, deferred payment �.oan" for certain designated area�; and WHEREAS, the reloeatian assistance being provided a�so �ncludes administering and processing Section 312 loans which are funded separatel.y by the Federal Goverz�xnen� and such additional as- sistance should be specificaJ.].y de].inea�ed in the agreement; and WHEREAS, the limited areas for relocation assistance as set fortih in said funding agreement need to be expanded to conform to the recently adopted "I,ubbock Rehabilitation Strategy" which '� provides,among other matters, that reloca�ion assistance both in the farm of no-intierest, defexre� �.4,� payment loans and in Section 31.2 laans be made available to an entire neighborhood covered by an urban renewal plan oi which such iimited areas are apart; and WHEftRAS, the Regian VI office of the Department of Housing and Urban Development has recentl� offered �o give the Urban Renewal Agency direct approval authorxty wi�h respect to Section 312 rehabilitation 14ans; and WHEREAS, such local approval authori.t}r by the Agency would expedite the processing o� Sectio�l 312 loans and such approva� authority should also be specifically included in said Thir� Year �, ` Communa.ty Devel.opinen� Funding �Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CTTY COTINCIL OF THE CYTY OF LUBBOCK: SECTION 1. THAT the Mayor be and is hereby auChorized and directed tv execute on behalf of the City of Lubbock an "Amended Funding Agreement between the City of Lubbock and the Urban Renew�l Agency of the City of Lubbock far the Tha.rd Year Counnunity Development Program". SECTION 2. THAT said Amended Funding Agreement include the ad�znistration and processing of Section 3i2 �oans including local approval authority bq cer�ain desa.gnatied Agen�y officials. s �ANR�I:2 �97E SECTIpN 3. THA'E the axeas i.ncluded in said third year funding agreement and recei.ving rehabilita�.ion assi.stance be expanded ro encompass the enti.re neighborhood undar which they ar� a parti. Passed by the City Counci3. this 12th day of .7anuarp, 1978 ATTEST: ROY BASS, MAYOR Treva PhiZlips, City Secretary-Treasurer APPROVID AS Tb FORM: Fred 0. Sen�er, Jr., City Attorney STATE OF TEXAS COi3NTY OF LiJBBOCK AN AMENDED FUNDIN� AGREENIENT BETWEEN TH� CITY OF T�i]BBOCK, TEXAS, AND URBAN R�I�TEWAL AGENCY OF THE CIi'Y 0� I,UBBOCK. TEXAS � � KNOW ALL MEN BY THESE PRESENTS: THIS Amended Agreement made and entered into by and between the CITY OF LUBBOCK, TEXAS, a Homerule Municipal Corporation (hereinafter called "CZTY") and the URBAN RENEWAL AGENCY of the City of Lubbock, '�exas (Hereinaf ter ca].led FiAGENCY") ; WITNESSETH: WH�RF�AS, the C�TY is obligated to do and perform certain services in �ts undertaking of a Community Development Plan pursuant to the Housing and Development Act of i974; and WHEREAS, the AGENCY is a public body Corporate and palitic created pursuant to Art. 1269L- 3, V.A.C.S., and is tiransacting business and exercising the powers granted 3�y said 1aw; and WHEREAS, the CITY desired to contract with the AGENCY to provi.de and do certain a��ivities and services pursuant to Che Housing and Cou¢nunity Development Act of 1974 and �he related ru].es and regulations of the Department of Housing and '�rban Development, and said AGENCY is author- ized by �aw and is willing to carry out such a�tivity; NOW, �HEREFORE, the CITY and the AGENCY do hereby mutually agree as follows: The AGENCX agrees to perform and do such activities as m,ay be necessary ta prvvide the rehabilitation and re.location assistance programs, as well as acquire such real estate as may be deemed necessary as set forth and described in the Communi�y Development Plan for the year beginning June l, 1977� and continuing to May 30, 1978, in such areas of the CITY heretofore designated as "Com�unity Development Re�abilitation and RedeveZopment Areas", which beax speciFic designations as "Area 6B", "Area 8", "Area 18", "Area 21B", and "Area 24" a11 of which are on f i].e in the Office of the City Secretary to which reference is here znade and by such re- ference are made a part hereof for a11 purposes. The named and described area are included within the Community Devel.opment Plan for CITY by specific Urban Renewa,l ��ans duly approved and adopted by the City Council, gursuant to and under the authority of Article 1269L--3, V.A. C.S, Plans for each of the said areas are incorporated within the Community Development Plan and include the objectives, land-use plan, technique for �arrying out each p1an, procedures for �i�anging any p].an, property rehabilitation standards, spe�ific restrictions, boundary descrip- tions, and acquisition maps for the area shot�m therein, all adopted by the City Council in ac- cordance with Iat�r, al�. of which are on file in the Off�ce of the Ci.ty Secretary and the Office ofr the Executive Director of the URBAN RENEWAL AGENCY and �o a11. of which refterence is here made and by such reference a].l same is made a part hereaf for all purposes as Chough fu11y copied herein. In regard to relocation assistance only, the AGENCY is authorized to perform such ac�ivi-- ties in accordance with the recently adopted "�ubbock Rehabilitation Strategy" thraughout the entire neighborhood encompassed by an overall renewal plan of which said specified areas are snb-areas and parts thereof. The gaverning body of the AGIIVCY, the Agency's Baard of Co�tmissianers, shall adopt such pol.icies as may be necessary to guide the AGENCY in the execution of the ob�.igation and activi- ries authorized by this agreement. Such pol,i.c�,es shall be adopted after consideration of reco- mmendations made by the Director of Planning of �he CITY and the �xecutiive Director of the AGII3 CY . Tt is understood and hereby agreed that it sha11 be tha responsibility of the AGENCY to implement the Cammunity Development P1an, under t�thich an Urban Rene�c�ra� Plan for each of the above areas has been adopted and to this end the AGENCY sha11 �e xesponsible and obl.igated to do and provide �he following: F • � � a � �� �� , i__J JAN � z 2 ]9�� � - _ �..�_ V:_.�.R�_ r,---= -- -----._..,�.... �v l. Rehabilitatiion. All re�►abilitation assistance for both residential and commercial stiruCtures, if any, including the administration and processing of no-interest deferred paymen� Ioans, tihe supervision and administration of the rehabilitatxon work in respe�t thereto, the administration and processzng o.f Section 312 loans, and the supervisian and administration of said rehabilitation work in respect thereto, wi1.1 be performed and carried out by the AGENCY within the abave designated areas and throughou� the entire neighborhood encompassed by an urb- an renewal plan of which said areas are a sub-area or portion thereof. i 'k Further, the AGEDiCY in accordance with an Agreement with the Federal Govexnmen� and the City of Lubbock is given the authority to directly approve Section 3J.2 loans and wi11 act in such capacity through properly designated Agency officials. The AGEI�iCY in approving such loans agrees to comply with the policy of �he Department of Housing and Urban Development and subject to the avai.labi.lity of funds as determa.ned by that Departmen� and �o comp].y with the regulations of �he Departmen� of Housing and Uxban Develop- ment ef�ectuating Tit1e VI oi the C�vil Rights Act of 1964 and applicable �xecutive Qrders. 2. Relocatiion. All relocation assistance programs available to famil.ies, individuals �� and businesses displ.aced by and thrvugh the Community Development Plan o£ the CITY within the . above-�designated areas �or which LTrban Renewal. Plans have been adopted wxll be provided by the AGENCY. Further, the AGENCY wi11 act as rhe Cen�ra�. Rel.ocation. Agency for the CITY OF LUBBOCK, providing such technical services to the CITY as the CITY deems necessary and desirable in connection with relocation assistance to families, individuaZs and businesses displaced by governmental action of the CTTY, within the boundaries of the CITY, including real estate ac- quisi�ion by �he CZTY. In this connectian, the AGE�ICY wi11 be reimbursed by �he CZTX for its administrative and other casts in provxding such services and technical assistance. The AGENCY agxees to camply with and will maintain the appropri.ate HUD-required records provi ng compliance with the Uniform Relocation Assistance and Rea� Property Acqu�sition Policies A�t of 1970, and all applicable regulations, policies and requirements promulgated by the Department o£ Hausing and iirban Development pertaining to the said Act, and tihe Hou�ing a�.� Community gev'elopmen� Ac� of 1974 with respect to relocation assistanee and sexvices pxovided hereunder. 3. Real Estate Ac uistion. The AGII3CY agrees to acquire by purchase, ded�cation or �ninent domain proceedings such praperties w�.tlni.n the above-designated areas set forth in the Community Development Plan fax the CITY as are reasonably necessary tio achieve the Urban �te- newal oi�jectives within the sai.d areas. The AGENCY agrees �o comply with and wi�.l maintain the appropxiate HUD-req�ired records proving compliance with the Uni.form Relocation Assistance and Rea3. Proper�y Acquisitiion Pol.ic- ies Act of 1970, and al.l. applicable regulations, pvlicies and requirements promulgated by the � Department of Housing and Urban Development pursuant �.o said Act, and �he Housing and Communit� Development Act of �974, i.n the aequi.si.tion of properties pursuant to the Con¢nunity Developmen� P�an of the CITY. 4. Public Improvements. The AGENCY shal]. make or cause to be made such public improve- ments within �he above�desigaated Urban Renewa]. areas as are set fo�th in the approved budget, and amendments thereto. 5. Non-Di.s�riznination. The AGENCY' in the carrying out of the Coz�unity AeveYopment Plan for �he CI'TY shall not deny benefits of �he program to or discriminate agains� any persofe; on �he grounds of race, color, religion, age, sex ar national origin. II. � � � � .�1' ��i The CITY hereby designa�es and authorizes �he AGENCY to caxry out all reha�ilitation re- location assistance, and real estate acquisition set forth in the Urban Renewa�. Pl.ans adopted pursuant to the Community Development Plan for the CI7'Y for the year beginni.ng May 30, 1977, and ending Map 29, 1978. The CI'�'Y agrees to provde funds in the amoun� of $2,4b4,560.00 to the AGENCY for the pur-� pose of rendering and performing the servi.ces herein ag�eed upon fox rehabilitation, relocatidp assistance, real estate acquisition, administrative and.or othe� costs, including public im- � provements, set out in the Exhibit "A" wh�ch is attached hereto and by reference made a part hereo£, provided that the CITY�s provision of such funds is wholly eontingent upon the CITY's receipt of st�ch funds from the Department of Housing and Urban Development. Amendments to th� attached E�hi.bit "A" which constitute a change in the total funding of each area authorized by� this funding agreement may be made by the AGENCY, which singlp or cumulatively constitute a'' shift of funding of an amount greater than 2Q% of the amaun� allocated for each area after ap-�� proval. by the Agency's Board of Commi.ssioners and the City Council. Any amendment o£ such F..xhibit that amounts to �ess than 20% may be made subject only to approval of the City Manage�ql• Iti is further agreed and understood that the AGENCY sha1�. submit progress reports as requeste� throughout the term ofr �his agreement to the City Manager, acting by and through the Director of the Commun�ty Devel.opment Aepartment of tihe CITY OF Li3BBOCK or o�.her person desi.gnated hy fi�.m. The CTTY hareby designates and authorzzes the AGEI�CY to aCt as the Central Relocation Agency of the CZTY OF'T�UBBOCK and agrees �hat the AGENCY sha11. p�ovide technical. services and assistance upon its request to �amilies, i.ndividuals and businesses displaced by governmen�al action i.n the CITY OF LUBBOCK, including Rea�. Estate Acquisition for the term of this agree- ment. $ JAN I2 1978 � --,�- - -- -�----- -- �-- - - -- ------ , III. ,� The AGENCY agrees and is hereby bound in the execution o£ the acti.vities authorized by this agreement by the requirements and provisions as set for�.h in Exhzbi.t "B" identified as Part II - Terms and Conditions, Funding Agreement CoAmnunity Deve].opment Block Grant Program, consisting of n�ne (9} pages attached hereto and by thfs reference is made a part hereof for a11. intents and purposes. EXECi1TED this 1.2th day of January, i.978. ATTEST: Treva Phillips, City Secratary-Treasurer ATTEST: H. 0. A�derson, Secretary APPROVED AS TO FQRM AI3D LEGALTTY: Fred 0. Senter, Jr., City Attorney CITX OF LiTBBOCK, TEXAS BY• .ROY BASS, MAYOR URBAN RII3EWAI� AGEI3CY OF THE CITY OF LUBBOCK, TEXAS BY: Betty Anderson, C airman 78-37-8-13 Motion was made by Councilwaman Jordan, seconded by Council.man West, motion carried, Mayor (15) Bass, Councilmen West, ,Fordan, Henry and M�Alister voting Yea, none voting Nay �o anthorize a supplement in the aiaount of $6,500 from 2nd Year Community Development Contingency Funds for Green-Fair M,anor Acrivi.ty Center, 78-37-8-14 (16) Motion raas made by Councilwoman Jordan, seconded by Council�nan Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follom- i.ng resolution be passed. RESOLVfION RESOLiJ'PION ACCEPTING IriPRQVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, THE City o£ Lubbock passed a resolution on June 9th� 1977 authorizing the con- struction of street i.mprovements by Kerr Construction Company on a portion of the following street. Realignment of Boston Avenue from the South lip 3.ine of 34Ch Street to alley South of 35th Street, GWO 10,944, known and designated as Unit 2232-50. AND WHEREAS, the improvements upon �he said portion of the abovementioned stree� has been inspected and iound to have been cons�ructed according to the approved plans and specificatioas. THEREFORE, BE IT RESOLVED $Y THE CITY OF LU$BOCK, TEXAS I. That the improvements on said portion of the abovementiQned stree� be, and the same are hereby accepted and the City Engineer be and he is hareby authorized to direct the payment of the City's share. II. This resolution sha�l take effect and be in force after its passage. PASSED AND APPROVED THIS 12TH DAY OF 3ANUARY, 197$. ATTEST: �reva Phillips, City Secretary-Treasurer APPROVED Wi,Zford D. Watson, City Enginaer AP�'ROV�D : ROY BASS, MAYQR 1 � 1 �� � JAN � � � i978 � 78-37-9-15 �'Ic��ion was made by Councilwoman Jordan, seconded by Counc�lman Henry, motion carried, Mayor (1.7} Bass� Councilmen West, Jordan, Henry and McA�.ister voting Yea, none voting Nay to authorize publication o� Notice to Bidders on Meadow's Addition {Lots 1 through 796 and tract A) paving improvements. � +i 78-37-9-16 Motion was made by Councilman McAlister, seconded by Councilman �ienry, motzon carried, Mapor (18} �ass, Councilmen West, 3ordan, Henry and McAlister voting Yea, none voting Nay that the follow� ing resoi.uti.on be passed. RESOLUTiON WHEREAS, West �exas Industries, I.nc., is the owtier of a water line xn place in a proposed extension of 13orth Avenue R in the City of Lubbock, Texas; an�, WHER�AS, the City of Lubbock, after investigation and testing by the City engineering de- paxtment has determined that such Iine shoul.d be accepted rather than require a new line in it� place; NdW THERLFORE: BE IT RESOLVED BY TEIE CITX COLTNCIL OF THE CITY OF LLTBBOCK: THAT the water line in p�ace in the proposed �tensi.on of North Avanue R situated i,n the tract of land bounded by Harvard Street and Loop 289 and Avenue S and the ATSF Ra�lxoad, BE and is hereby accepted with t�se condi.tion that the owners of said tract dedicate an easement tq the City, concurrent herewith covering �he �.and wherein �h.e pipe line Ixes; and, West Texas Industries, Inc. is hereby granted an allowance of $1.40 per front foot on the water pro rata �o be assessed against the subject prope�rty when it is p].at�ed. Passed by the City Council this I2th day of January, 1978. ROY BASS, MAYOR � i� 78-37-9-17 (19) ATTEST: Treva Phillips, City Secre�ary-�'Treasurer APPROVED AS TO FORM: Fred 0. Santer, Jr,, City Attorney Mot�.on was made by Councilwoman Jordan, secvnded by Councilman Henry, motion carried, Ma.yor Bass, Counr.ilmen West, Jordan, Henry and McAlister voting Yea, no�e voting Nay that the followT ing resolution be passed. RESOLUTION BE IT RESOLVED BY Z'HE CZTY CQUNCIL OF THE CFTY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authoxized and directed to execute for and on behalf of the City of Lubbock an Agreement to be entered into by and between said City, the Texas State Department of Highways and 1'ublic Transportation, and the Atchison, Topeka and Santa Fe Railway Company concerning �he construction and maintenance of an underpas� where Metropo�itan Highway No. 41 wi�.Z cross and/or crosses the rail.road owned by said railway company at Milepost 674 + 620.X (Railroad Stati.on 252 + 29.1) xn Lubbock, Lubbock County, Texa�, attached herewith which shall be spread upon the minutes oi the Counc�l and as spread upon the minutes of this Council sha�1 constitute and be a part of this Resolution as if full.y copied herei.n in detaxl. Passed by the City Council this 12th day of January, 1978. RQY BASS, MAYOR �� :� ATTEST: Treva Phillips, City Secretary-Treasurer APPROVED AS TO FORM; �'red 0. 5enter, 3r., City Attorney . 10 JAN . � � 3978 � „ - - -- - - - --- - -- 7$--37-10-18 �otion was made by Councilman Henry, seconded by Counci]_man McAlister, motion carried, Mayor (20) Bass, Councilmen West, Jordan, Henry and McAiister vating Yea, none votiing Nay to approve the request of Brazos, Inc., for renewal of taxicab permit £or 1978. 78-37-�.Q-19 Motion was made by Councilwoman Jordan, seconded by Council.inan Henry, motion carried, Mayox (2].) Bass, Counci]anen West, Jardan, Henry and McAlister voting Yea, none voting Nay to author�ze a contract with the CPA fizm of Mason, Nicke].s and Warner �o perform audi�s on various grants. 78--37-10-20 Motian was ma.de by Councilman McAlister, seconded by Councilwoynan Jordan, motion carried, {22) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay ta au- thorize a contract with First Southwest Company for financial advisory service. To the Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: 1. We understand that you are contemplating the issuance of securities of �he kinds, in the amounts, and for the purposes indica�ed as follows: approximately $1,700,000 Airport Revenue Bonds and that in connection with the issuance of these securiti.es you c�es3re this proposal from us to per�orm grofessiana� services in the capacity of Financial Advisor for �he City of Lub- bock (hereinafter called "Issuer"}, 2. By this proposal we o£fer our professional services and our facilities as Financi.al Advisor for tha issuan�e and sale of the above-described securities and in that capacity we agree to perform the following duties, and to perform such other duties, as, in our judgment, map be necessarq or advisable: a. We will make a survey of the financial resources of the Issuer to determine the extent of its borrowing capacity. This survey wi11 include an analysis of the Airport System debt structure as compared to existing and projected gross and net income of the airport, taking into account outstanding bonds which axe payable from tihe gross revenues thereo.f, and revenues as projected by yaur con- sulting engineers. We W�ii also take into account your future financing needs and operations as pro�ected by your staff and engineers. b. On the basis of the inf�amation developed by the survey descri.bed in the above and foregoing paragraph, and on the basis of othe� infarmati.on and e.x- perience avaiJ.able to us, we will submit our written recou¢nendatians on the financing in question. Our plan w��J. include re�ounnendations as to the date of issue, interest payment dates, schedule of principal maturities, aptions of pr�.or payment, and any other necessary additional security provisions designed to make the issue more attractive to investors. All. recommendations wi11 be based on our best professional judgment� with the goaZ of designing securities which can be sold under terms most advantageous to Issuer, and at the lowest interest cost consistent with all other considerations. c. We wi�]. advise yau of current bond market conditions, farthcoueing bond issues, and other general informa.tion and economic data which might normally be expected to influence the interes� rates or bidding conditions, so that the date for the sale of the securities �an be set a ti�ae, which, in our opinian, wili be favorable. d. We wi11 coordinate the preparation and submission of the Offzcial Notice of Sale, the Official Statement or Offerzng Statement, and such other market docu- ments whi.ch you maq require. Wa will also supervise preparation of the uniform bfd form, containing provisions recognized by �.he municipal secuxitiies industry as being consistent with the securities offered for sa1e. We wi11 submit to you all such offering docnments, incZuding the Official Statement, for your proper examination, approval and certification. After such exam�nation, approva� and Cer�ificatiion we wi11 furnish you with a supply o� such documents and shall maiJ. a set of the same to a li.st of prospective bidders, a copy of which list sha11 be submitted to you upon request. We wili. also supply suffi.cient copies of the afficiai Statement or Offering Statement to �he purchasex of �he securit:ies in accordance with the terms of the Notiice of 5ale. e. We will make recommendations to the Issuer an the ma�ter of bond ratings �ox the propsed issue and when directed by you shall coordinate the preparation of such infprmation as in aur opinion is required for submissiQn to the rating agencies. In tihose cases where the advisability of personal presentation on in- formatiion to the bond rating agencies may be indicated, we wi1� arrange for such persona� presentation. � � f. In connection with the public sale of the bonds, Gre raill disseminate infor- mation to praspective bidders, we will organize such information meetings as in our judgment m.ay be necessary, and will work with prospective hidders ta assist �hem in �ime].y submitting proper bids. We wi11 assit you at the bond sa�.e for the purpose of coordinating the receipt of bxds, and the furnishing of gaod faith checks where indicated, and for the purpose of tabulation and comparison of bids, and wi11 advise yau as to tha best bid, and will provide our recommendatiion as to acceptance or rehection of such bid. As soon as a bid for the bonds shall ba ac- ranfa� hv vrn�_ wa wili nrnraPA t� C'AAx'C��ilr3�P tha Pffarr� of a11 concerned to �he � � 1 � � ��� '�� � ��� 11 - . - - - -- - - .� - -�- ���. .��� �, ' We shall assist you �n the preparation or verifxcation of final closing igures, and when requested, wiI]. provide suggest�ons on a program of �emporary investment of bond praceeds, in consultation with the Issuer's consulting engineer, cansisten� w�th the construction timetable for the project. � g. We will acti as qour agent in arranging for the pri.nting of the securities, and wi11 submi.t same for execution and impress�on of seal, and we wi11 attend to their delivery to the Attorney General far approval and the Camptro].ler of Public Accounts for regist- ration, it being understood tt�at title to and ownership of the printed seCurities sha11 be in the Issuer unti7. �hey are sold and delivered �o the purchaser. After closing we wi11 de�iver to pou and your paying�agent definitive debt records, 3n- cluding a schedule a� annual debt service requirements on the obligations being delivexed ta the purchaser. 3. We agree to direct and coordinate the entire program ofr financing herein contemplate�. In that connectian we undexstand that you have retained or expect to retain Dumas, Huguenin, BootY�an & Morrow, Da11as, Texas, a firm af recagnized m�xnicipal bond attorneys, who will pre- pare the proceedings and advzse the steps necessary to be taken to issue the securi�ies and wha �iii issue an opinion approving their legality. We w�ii �ain�.ain ].iason with this firm of bond attorneys and shall. assist in a11 financial advisory aspects involved in the preparation of appropriate Iegal proceedings and documents. 4. In consideration for the services zendered by us in connect�on with the issuanca and saie of the above-described securit�es it is understaod and agr�ed �hat onr fee for each in- stallment oi bonds sold will be as follows: In, consideration of the above fee we will assume and be responsible for the follawing expenses: $1.2,500 for $1,000,000 Bonds; plus $4.65 per $1,000 for the next $1,500,000. (Note: The fee for $1,700,0�0 bonds issued in one installment would be $15,755.00,) ].. Bond attorneyst fees and charges. 2, Bond printing. 3. Cost of reproduction in our offices of the Official Notice of Sale, Official Bi.d Form and the dfficial Statement, and the mai�ing vf these documents. 4, Txavel and Communication expense of F�.rst Southwest Company including travel to New York �n connection wiCh bond ratings. Our fee and reimbursable e.xpenses sha11 become due and payable simu�taneously with the delivery of the securit�es to �he purchaser. 5. It is further understood and agreed that we resarve the rig�it to submit a bid for the securities when offered for sa1e. 6, This agreement shali be terminated by �he delivery tio the purchaser of all the sec- urities covered hereby, whether delivered all at one �ime, or in ins�aila►ents. 7, SPECTAL CONilITIONS. In addition to terms and obligations herein con�ained, this pxaposal and agreement is subject to the following special conditions: � � i , � , � I � � The City agrees to pay the cost af bond ratings fx'om Moody's Znvestors Servxce, inc., New York, and Standard & Poor�s Corporation, New York, and the expenses of �ravel of City officials to I3ew Yark. g� ��.$ pxoposal is submitted in duplicate originals. Wl�en accepted by Issuer it will cons�itu�e the entire agraement between Issuer and the undersigned ��re�hsignaturesaof your1 dera�.ions herein specified. Your acceptance wi11 be indicated by p p S author�zed officers or representa�ives on both copies and �he return�ng of one executed copy to us. Respectfully submitted, First Sou�hwest Campany /s/ Joe A. 5mith Authorized Representative ACCEPTAI3CE ACCEPTED pursuant to a motion adopted by the Ci�y Council of the CitiY °� Lubbock, Texas on this 12th day of 3anuary, I978. ROY BASS, MAYOR, Ci�.y of Lubbock, Texas ATTEST: Treva Phillips, City Secretary-Treasurer City of Lubbock, Texas �.2 JAN � 2 i9T8 78-37-12-21 Motion was made by CouncilaQan Henry, seconded by Counci�an McAZisier, motion carried, Mayor �23) Bass, Councilmen West, Jordan, Henry and McALister vot�ng Yea, none voting Nay that the follbs�r- ing resoZution be passed. RESOLUTION BE IT RESOLVED BY THE CTTY COUNCTL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CYTY dF LUBBOCK BE and is hereby authorized and directed to exe- cute for and on behalf of the CTTY OF LiTBBdCK an Agreement be�ween the CYTY OF LUBBOCK and TEXAS TECH UNIVERSITY, attached herewith which shall be spread upon the minutes of the Counci� and as spread upon the minu�es of this Council shall constitute and be a part of this Resolu- tion as if fuZ�y copied herein in deta3l. Passed by the City Coun�il this I2th day of 3anuary, 1978, ATTEST: ROY BASS, MAYOR Treva Phillips, City Secretary-Treasurer APPROVED AS TO FORM; �red 0. Senter, Jr., City Attorney TIiE STATE OF TF�XAS CQUNTY OF LUBBOCK AMENDMENT TO OPER.ATING AGREEMEi�1T � � Th3s Amendment to Operating Agreement entered into betraeen the Board of Regents of Texas Tec� University, hereinafter called "Universzty", and the Cxty of Lubbock, hereinafter called "Cit " Y 3 WITNESSETH WHEREASTexas Tech University, through its predecessor, Texas Technologica]. College, and the City of Lu�bock entered inro an Agreement dated August 27, 1953, far the operation of the Audz�orium-Colisewn and the parking area around such buildings; and WHEREAS the parties to such Agreemen� desires to amend the Agreement as zt relates to parking around such buiZdings; NOW THEREFORE WITNESSETH The Operating Agreement between �he Universitq and the City BE and is hereby amended as fplZows; ].. Paragraph No. 7 which relates to the parking area around the Auditorium� Coliseum is hereby superseded by this Amendmen� for the original term of this Amendment and any extensions granted by mutual agreement of the parties hereto. 2. The University shall have the right to contral the parking areas adjacent to the Auditorium--Coliseum as designated on the Exhibit A attached here�o and such control shall znclude the ra.ght to permit srudent, staff and �'acu3.�y parking and the rzght to co�iect fees �or such parking and enforce reg�la- tions relating to such parking. 3. The Universit}r shall pay to the City the sum of TEN THOUSAND ($10,000.00} DOLLARS AND NO/100 annualZy for such parking privileges. The above �ee shall be paid in equal monthly instal�ments payments to be paid on the first of every month during the Iife of this Amendment and any extensions hereto. Frovided however, in the event the University increases the pari�- ing fees on such parking area the amounr to be paid by the University to the City shall be increased inpproportion to the increase in such parking fees. 4, The City agrees to repair �he ac�ess lanes and the parking Iot, and further agrees tp maintain same in a reasonable and safe condition acceptab].e �a the Unzversity. 5. This Amendment shall be in efiect for a pexiod of one year commencing on September 1, 1978, and shalZ continue year to y�ar un,less cancelled as pxovided herein. 6. Either party to this Amendment may cancel this A�endment by 30 days writ�an notice to the other party. � � � � � 1 JAN���918 �_ - . -- - -� _ - -- -- -� - - - �.-� --i-.� y - - . - I 7. In the event of canceliation or termination of this Amendment, Chen in either event the conditions of paragraph I3o. 7 of the orxginal Operating Agreeme�t shall become effective once moxe. EXECUTED this 12th day of 3anuary, i978. ATTES�: Treva Phi.11.ips City Secre�ary-Treasurer APPROVED AS TO FORM: 78-37-13-22 (24) Fred 0. Senter, Jr., City Attorney EXECUTED this day of ATTEST: CITY 0� LUBBOCK Mayar, Roy Bass 1978. TEXAS TECH UNIVERSI�'Y � ,i � �8-3�-13-23 (2s) 78-37w13-24 (26) 78-37-13-25 �2�) 78-37-13-26 (28} 7$-37-13-27 (29) The following bids were received for the purchase of �obi1 and por�able radios for various departments, being Bid L3o. 4762. Bid Tabulation set in Bid Book. After consideration of alI bids xeceived, motion was made by Council.woman Jordan, seconded by Counciiman Henry, motion �arried, Mayor Bass, Councilrnen West, 3ordan, Henry and McA]:is�er voting Yea, none voting Nay to accept the bid of Genexal Elec�ric Mobile Radio fox' the purcha� of mobil and portable radios for various depaxtment. The fallowing bids were received for repair �a Mobi� �ibrary, being Bid No. 4774. Bi.d Tabulation set in B�d Book. After consideration of ai1 bids received, motion was ntade by Councilwoman Jordan, seconded by Councilman Henry, mo�.ion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlis�er voting Yea, none votiing Nay to accept the bid of Action Trailer and Equip�nent Company �o� xe- pair to Mobi.l Library. The follpWing bids were received for the purchase of miscellaneous trucks and vans for variou�� department, bein.g Bid Na. 4757. B�.d Tabulati.on set in Bid Book• After consideration of alI bids received, motion was made by Coun�ilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Counc�lmen West, Jordan, HfQ�ythedpurchase of vating Yea, none voting Nay to accept the bid of Don Crow Chevrolet Co. Item 1; accept �he bid of Modern Chevrolet Co. for the purchase of Items 2,3,4,6,9,I0,12,13, �4, and 15; accept the bid of 5ou�h Plains internatianal Truck for the purchase of Items 5,7, $ and �1. The followxng bids were received for the purchase af miscellaneous electri� items for Ware- house Stock, being Bid No. 4765. Bid Tabulation set in Bid �ook. After consideration of a11 bids recaiv��dg S�t1Co nciimeneWestC�lordan,�Henry�and�McAl.ister by Councilman Henry, motion �arried, M y � voting Xea, none voting Nay to accept e Electric S pply�Company�for�thePpur�hase oflltemsl42� 3 an d 5; ac�ep t t h e b i d o f W e s t i n g h o u s and 8; accept �he bid of Genexal Electric Supply Co. for the purc hase o f I te m 6; a c � e p t t h e b i. of C.B. Anderson far t he purc hase of item 7. The fallowing bids were received for the purchase of floor covering for municipal �omplex, being Bid No. �770• � i Bid Tabulation set in Bid Book. After considera�ion of ai1 bids received, motion was made by' Counci�WomHenryrand�McA1� ter by Councilman Henry, motion carried, Mayor Bass, Counci3.men West, Jordan, voting Yea, none voting I�ay to accept the bid of Highland Interiors for the purchase of floor covering for municipal compiex. �he fallawing bids were received fox the purchase of traffic signal equi.pment, being Bid I3o• �+67 6. Bid Tabulation set in Bid Book. I, Y. After consideration of ail bids recei'ved, motion was made by CouncilwomHenryrand�McAlister i' Councilman Henry, �otion carried, Mayor Bass, Counci�nnen West, Jordan, voting Yea, none vo�ing Nay ta accept the bid of Automa�.ic Signal Division, Arlington, for �.h purchase of traffir. signal equip�en�• 13 � �� �4 �= - JAN f 2 1978 . - --- - . _ -�-�-�-.��.,�n._ �a-3�-x4-zs (31) 78-37-I4-29 (32) �; Motion was made bq Councilman McA].ister, seconded bp CounciZman Henry, motzon carried, Mayor� $ass, Councilmen West, Jorda�, Henry and McA].ister voting Yea, none voting Nay to appoint Theron Co1e (to replace Rev. Nathaniel Johnson} and Joe Saucedo (to repZace Rev. Hector Gon- zales) to the Human Relations Commission. These unexpired terms expire May 25, �ggp, Motion was made by Councilman McAlisrer, seconded by Counci].man Henry, motian carried, Mayo� Bass, Councilmen West, .7ordan, Henry and McAlister voting Yea, none voting Nay to appoint Joe Minkl.ey to the Civil Service Commission. This is a three year term and expires January 29, I981. NO FURTHIIZ BUSINESS COMING UP FOR CONSTDERATTON, THE CITX COUNCiL ADJOURNED FROM REGULAR MEETING, .Tanuary 12, 1.978 I S MAYOR� ROY BASS ATTEST: reva Phillips, itq S cretary-Treasurer READ AND APPROVED THIS THE 26TH DAY OF JANIIARY g ROY BA S, MAYOR ATTEST: Treva Phil.lips, City S retary-Treasurer L� i� � �